United States v. Ogden

• Decision Date: 15 December 1900
• Docket Number: 37.,25
• Parties: UNITED STATES v. OGDEN.
• Court: U.S. District Court — Eastern District of Pennsylvania

105 F. 371

UNITED STATES v. OGDEN.

Nos. 25, 37.

United States District Court, E.D. Pennsylvania.

December 15, 1900

James B. Holland and Wm. M. Stewart, Jr., for the United States.

Dimner Beeber, for defendant.

J. B McPHERSON, District Judge.

The testimony taken in support of this motion shows that, after the evidence and the arguments of counsel has been heard, and while the jury were awaiting the charge of the court, the following article from the North American, a newspaper published in the city of Philadelphia, was read by one of the jurors; that two other jurors read the displayed headlines and that the article was to some extent spoken of in the jury room while the verdict was being considered:

'Oleo Dealer Ogden's Boasted Pull of No Avail. Long Protected Man on

Trial in Federal Court.

'Prosecuted for Eleven Offenses by The North American and Butter

Association After State Officials Fail.

'Protection for David S. Ogden, the Ridge avenue oleo dealer, is apparently a thing of the past. After long dodging the law he was brought to trial yesterday in the United States district court. A prospect of jail looms up.

'At his store, 2417 Ridge avenue, Ogden used to sell oleomargarine by the ton. He relied upon the state authorities to protect him in his illegal business, and frankly admitted that he stood high in favor. By this arrangement he prospered at the expense of the defrauded public until the North American last April began its crusade against the bogus butter swindlers and their official allies.

'When Farmer Joseph C. Sharpless, of Chester county, wrote to the dairy and food authorities directing attention to Ogden's oleo trade, Secretary of Agriculture John Hamilton sent a reply to the effect that the inspectors of the department, after an investigation, had been unable to find oleo in the store. Agents of the North American and the Pure Butter Protective Association had no trouble in finding it, however, and they promptly caused Ogden's arrest under the federal law for selling the stuff in packages not property stamped. The show window of the Ridge avenue establishment was at that time heaped up with oleo, in the same manner it had been displayed there for months.

'Ogden Skipped His Bail.

'Ogden was to have been tried in May, but he skipped his bail, fearing imprisonment. Some time later he surrendered himself, and his bail was increased from $1,000 to $2,500. Since then his case has been on the trial list.

'The protectors upon whom Ogden had counted to save him kept in the background when he was brought into the federal court yesterday. With the evidence prepared by Luther S. Kauffman, counsel for the North American and the Pure Butter Protective Association, United States District Attorney James B. Holland conducted the prosecution. It was Mr. Holland's first oleo case since assuming office, and he pressed it vigorously. Ogden was defended by ex-Superior Court Judge Dimner Beeber. A number of prominent oleo dealers were among the spectators at the trial.

'Ogden's defense threw a lime light upon the shortcomings of the state dairy and food authorities.

''Why, this man hasn't tried to deceive any one,' declared ex-Judge Beeber, in his address to the jury. ' The evidence has shown that Mr. Ogden has been selling oleo openly and above board. He came to the government, and paid his tax to sell oleo. If that's so, whom did he try to conceal it from? Why, nobody.'

'State's Pretensions Shattered.

'Whatever pretended excuse the state authorities had for ignoring Ogden's case was shattered by yesterday's proceedings. One of the state dairy and food commission's prosecuting attorneys was a spectator at the trial, and heard several witnesses swear that they had purchased oleo as butter at Ogden's store. With knowledge of such direct evidence of violation of the state law, the dairy and food commission can no longer delay a separate prosecution of Ogden, except in outright defiance of duty.

'As with all the oleo cases pushed to trial by the North American, the evidence against Ogden was strong and convincing. Five agents employed by this paper and the Pure Butter Protective Association testified to the purchases of oleo on eleven occasions ranging from March 6, 1899, to April 12, 1900. The first four times the oleo was bought in packages not stamped in any way. Twice it was secured in wrappers marked 'Butterine,' whereas the law requires the word 'Oleomargarine.' The other five times the wrappers were properly stamped, but the corner of the paper was folded in a flap over the printing, to conceal it, thus making a violation of the law.

'A description of Ogden's window filled with oleo was given by George Eldridge, the agent, who supervised all the purchases. He told how the golden yellow packages were arranged in three piles, bearing placards as follows: ' Gloverdale. Extra Fine. 20 Cents;' 'Farmers' Dairy. Gilt-Edge. 25 cents;' and 'Darlington Butter. Extra Fine. 20 cents.'

''Those names were enough to make the purchaser think he was right on the farm,' exclaimed District Attorney Holland.

'Ogden Did Not Testify.

'Ogden did not venture on the stand in his own defense. On point of his attorney's contention was that Ogden was not the proprietor of the oleo store, which was conducted under the name of the 'Ridge Avenue Beef Company.' To meet this, George Kirkland, employed...