86 ANNUAL REPORT OF THE Off. Doc. 



youi' petitioner, couimeiKed various prosecutions to the number of 

 about four lumdred against various residents of the county of Alle- 

 gheny, and that in pursuance of said prosecutions and the return 

 thereof to this honorable court, bills of indictment were duly pre- 

 pared by the District Attorney of Allegheny county, and submitted 

 to the Grand Inquest of the Commonwealth of Pennsylvania, inquir- 

 ing in and for the said county of Allegheny. 



That before the said Grand Inquest, the said prosecutor called, 

 as Aour petitioner is informed and believes, the various agents who 

 made purchases of the articles aforesaid from the various persons 

 against whom the said bills of indictment were thus presented, and 

 called also the chemist who had made an analysis of the said articles, 

 as above stated. 



That in support of each of the said indictments, as your petitioner 

 is informed and believes, the said Grand Inquest heard the testimony 

 of an agent of the Dairy and Food Department, who had purchased 

 from the defendant named therein, the article charged in each indict- 

 ment to have been sold by the said defendant. 



That the said Grand Inquest further heard the testimony of the 

 chemist, who had analyzed the articles alleged to have been sold in 

 each case, who testified before the said Grand Inquest, that the 

 article so sold by each defendant was oleomargarine, colored in imita- 

 tion of yellow butter. 



That notwithstanding the positive testimony submitted under each 

 of said indictments, showing that each particular defendant had 

 made a sale of an article as ascertained by analj-sis, as aforesaid, to 

 be oleomargarine colored in imitation of yellow butter, and which, 

 therefore, under the law^s of Pennsylvania could not be sold, the said 

 Grand Inquest on the 20th day of September, 1901, ignored all of the 

 said bills of indictment to the number of 391, and directed that the 

 costs of prosecution be paid by James Terry, whose name was en- 

 dorsed upon each of the said bills as the prosecutor. 



That aftervi^ards, to-wit, on the 21th day of September, A. D. 1901, 

 the said James Terry presented his petition to this honorable court, 

 setting forth the fact that he had commenced the several prosecu- 

 tions, above referred to, as an agent of the Dairy and Food Depart- 

 ment of Pennsylvania, and under the instructions of said Depart- 

 ment, and that he had caused to be produced before the Grand In- 

 quest aforesaid, the positive testimony of the person making the 

 purchase from each defendant, charged in the said indictments sev- 

 erally with unlawful sale of oleomargarine, and had also caused to 

 be produced before the said Grand Inquest, the testimony of the 

 chemist to the effect that the articles sold by each defendant named 

 in any of the said indictments, was oleomargarine, colored in imita- 



