MEAT DEALERS FINED
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    Merchants charged with the sale of unwholesome meat were arraigned in the Police Court yesterday before Judge Kimball. They were John H. Cox, E. M. Wyncoop, A. D. Gaegler, D. O'Connell, and Henry Avery. The warrants for these were issued last week at the instance of Inspectors Hoover and Mothershead, of the Health Department. The defendants were represented by Attorneys Campbell Carrington and Joseph H. Shillington. Assistant District Attorney Richardson appeared for the prosecution.
    The reason, as deduced from the testimony of the Inspectors, why unwholesome meat should so readily find purchasers was because an application of carbon had been made, which tended to freshen its appearance. Attorney Shillington at the opening of the cases, which were tried together for convenience, suggested that they did not include any criminal features, and that the District ought to attempt to recover on the penalty provided in the ordinance by civil suit and not by a criminal proceeding. Judge Kimball, however, refused to take this view of the matter.
    Inspector Hoover told the court that he had personally conducted his part of the investigation leading to the arrest, and had condemned large quantities of salt and smoked meat, mostly hams and shoulders, offered for sale by some of the defendants, because he found it unsound. Upon being questioned as to the appearance of the meat, he said that superficially it looked bright and in first-class condition, but that the use of carbon had contributed to this effect.

    The Inspector said the defendants had admitted to him that the meat in question was unsound, and had promised not to sell any more of it. Inspector Mothershead gave similar testimony.
    The defendants in their testimony did not agree with the imputation of fraudulent dealing. Gaegler said he sold some of the meat to Wyncoop, but at that time it was certainly sound. He also declared that on the day the meat was condemned he saw it, and it was still wholesome. He denied knowingly selling any unsound meat. Mr. Wyncoop told the court he had purchased the meat with the understanding that it was good. He said that after the inspector's visit he had refunded the money, or the worth of it, to all purchasers of the same lot of meat before that time.
    Mr. Cox made a curious defense, which, however, had its effect. He said that he had not possessed the sense of smell for some time, and he always took the wholesaler's word for it. Cox disposes of his stocks from a wagon. He did not know, he said, any meat he ever sold was tainted. He bought from a Baltimore firm.
    Mr. O'Connell said he paid 4 cents a pound for the meat he used. The shoulders condemned he had bought only a few hours before they were inspected. He did not know any of them were unwholesome.

    One or two witnesses were here called by the defendant's attorneys who, as judges of meat and care of it, testified that the present month was the most difficult month in which to keep meat in good condition; this was especially true in regard to pork.
    Henry Avery, a representative of Swift & Co., and a defendant, and Mr. Gaegler, the father of Defendant Gaegler, were the witnesses. In his own behalf Avery said he sold to O'Connell the meat that was condemned at O'Connell's place, and at that time it was of a good quality of cured meat.
    At the conclusion of the testimony, the attorneys made brief arguments. Those for the defense requested that the cases be dismissed, as no proof had been brought that the defendants knowingly sold an unwholesome article of food, but rather that contrary evidence had been produced. Judge Kimball replied that merchants had no right even to expose for sale meat unless they knew positively that it was fit for food. The object of the law was to protect the public, and every one who sold unsound food must be held responsible. In the case of Cox, however, the court took into consideration his loss of the sense of smell, and fined him but $5, although he gave Cox a sharp warning. The other defendants paid $10 each.

Source:

Unknown, "Meat Dealers Fined," Washington Post, Washington, D.C., Wednesday, 23 September, 1896, p. 8.