Jasper County Democrat, Volume 12, Number 8, Rensselaer, Jasper County, 28 April 1909 — DRUGGIST LARSH GOES ACQUIT. [ARTICLE]

DRUGGIST LARSH GOES ACQUIT.

State Fails To Score In Round With Joe. ABE AND BEN GET COLD FEET And Plead Guilty .On One Charge And are Fined 810 and Trimmings —Other Cases Against Them Dismissed^—Prosecution of Rensselaer Druggists for Selling Aqua Amonia Not Lp to Standard Is Almost a Farce.

The cases against the three Rensselaer druggists brough by Frank Tucker, a deputy inspector from the State department, for selling him Aqua Amonia, lime water and iodine last June that was not quite up. to the standard, were called for trial Mohday afternoon. Tucker, w-ho filed the affidavits on which the druggists were recently arrested, was here and had with him a youthful looking gentleman with long hair, who said his name was Miller and that he was a deputy in the office of State Chemist Barnard. Tucker and the prosecuting attorney talked with the druggists before the cases were called and agreed to dismiss one of the cases against each if they would enter a plea of guilty on the other, there being two cases against each. To this A. F. Long and B. F. Fendig agreed, and they thought Joe Larsh would do the same, thinking this the cheapest way out and that they perhaps might be technically and unwittingly guilty. Accordingly Abe and Ben took a $lO fine and costs, amounting to $17.65 each, while Joe stood trial and beat them to a frazzle.

The trial was by jury, and the state’s witnesses were Tucker, Miller and Drs. Gwin and Merrill. The Latter did their case no good, as he swore that he had practiced medicine for 35 years and had never given aqua amonia internally. It might be used for certain purposes, perhaps, but he had never used it. Dr. Gwin had used it in a few instances, and thought it was used considerably as a drug. The prosecution showed that the fluid was sent to the State laboratory by Tucker and that Miller tested it and found it to contain only per cent of aqua gas where it should have 10 per cent. The defense had Drs. Washburn, English, Miller, Kresler and Loy, but they were like Dr. Merrill and had never used the fluid internally in their practice. Defendant showed that the stuff was bought, from wholesalers and he did not know whether it was up to standard or not, but supposed it was; that he only sold about five gallons in a year, and had never sold a nickel’s worth to a physician; that it was used almost exclusively for cleaning and washing purposes, and that no one was seriously injured if it had deteriorated in strength a few points when the particular two ounces was bought by Tucker—it being shown that each time a bottle of it was uncorked to pour out a few ounces for a customer, it lost some of its strength. The defense, in summing up the case dwelt on the fact that there were hundreds of other articles on a druggist’s shelves that were of some importance in the compounding of prescriptions, but none of these had been taken into account by Tucker in trying to find whether these druggists were obeying the pure food and drug laws. He had, instead, selected such unimportant items as aqua amonia, lime water and iodine. .Prosecutor Longwell made a very able plea for the state, but evidently realized that he had a poor case, and when the jury returned a verdict of “not guilty” after less than five minutes deliberation, it did not surprise him any. The other case against Joe was continued for the term and it !s hardly likely will ever come to trial.