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DE GRAFFENREID’S NARROW ESCAPE
In the journal of Baron De Graffen
reid, who, in 1738, brought to North
Carolina a colony of Palatines—
Protestants —fleeing from persecution
from the Romanists, occurs a thrilling
account of his narrow escape from
death, an escape which he believes
was through God’s direct interposition
as a result of prayer.
The little colony which settled New
Bern—named by De Graffenreid, who
was a Swiss—had suffered great hard
ships and were scant of food. The
Indians had at first been kind to
them, and helped them obtain food,
but later, when their best lands, on
which their homes and settlements
were located, were ruthlessly por
tioned out and sold to English immi
grants by the surveyor general, Law
son, their sense of wrong and injury
provoked bitter resentment, and thev
donned the war-paint and became hos
tile to the colony. It was at this time
that the hope of obtaining food and
the desire to explore the country in
duced De Graffenreid to make the
perilous journey about which he has
thus written in his journal:
“One day, w r hen the weather was
fine, Surveyor General Lawson pro
posed to me to go up Neuse river
hunting; saying there were plenty of
wild grapes there which we could
gather for replenishing ourselves. We
could see likewise whether the Neuse
river could be navigated in its higher
course and could visit the upper coun-
COCA-COLA WINS IN CAF
FEINE CASE BROUGHT BY
THE U. S. GOVERNMENT
Product Neither Mis-Labeled Nor
Adulterated, as Charged. Judge
Sanford, of Federal Court,
Orders Jury to Return
Verdict in Favor of
Coca-Cola Co.
(By F. J. JAMES.)
The ease brought by the Agricul
tural Department at Washington
against the Coca-Cola Company, of At
lanta, in the Federal Court at Chatta
nooga, has at last terminated in a com
plete victory for the Coca-Cola Com
pany. The case is one of the most
memorable ever brought in the
United States, costing probably SIOO,-
000.00 to the government and an equal
amount to the Coca-Cola Company. It
is not only interesting because of the
multitude of the interests directly in
volved in the Coca-Cola product, which
has been one of the greatest commer
cial successes of the United States,
but also intensely interesting and im
portant in its bearing upon hundreds
of other commodities which would
have been attacked by the Agricul
tural Department under the Pure Food
and Drugs Act, had the case gone
against the Coca-Cola Company, so
that thousands of manufacturers as
well as millions of consumers were
intensely interested in the outcome.
The case lasted more than three
weeks, during which time a large num
ber of experts of national reputation
appeared for both the government and
the defendants. The case was tried
before a jury and prosecuted by At
torney General Jas. B. Cox, assisted
by W. B. Miller, special assistant. The
defense included a number of the most
noted attorneys of Georgia and Ten
nessee. Among the men of letters
and experts who testified were: Dr.
John H. Musser, of Philadelphia, pro
fessor of clinical medicine in the Uni
versity of Pennsylvania, and now pro
fessor of medicine in Vanderbilt Uni
versity; Dr. S. Solis-Cohen, the well
known medical expert; Dr. Hobart
Amory Hare, professor of therapeutics
in Jefferson Medical College, who tes
tified for the defense; Dr. Robt. G. Le
Conte, of Philadelphia; Dr. Horatio C.
Wood, Jr., Philadelphia; Dr. Henry A.
try. I had long been anxious to find
how far it is from here to the moun
tains.
“I accordingly resolved to take the
trip, being assured that no savages
lived on that branch of the river. But
to feel safer, we took two friendly In
dians to guide, with two negroes to
row. So we went peacefully on cur
way. We had already gone a good
two days’ journey and were near the
village of Coram, when we met In
dians armed as for hunting, and we
had hardly turned backwards whea
such a number came out from the
bushes and they overtook us so sud
denly that it was impossible to defend
ourselves. They accordingly took us
prisoners and led us away.
“Such a rare capture made them
proud; indeed, they took me for the
governor of the province himself, and
we were compelled to run with them
all night across thickets and swamps
until we came to Catechna, where the
king, called Hencock, was sitting in
state.
“The king stood up, approaching us
and speaking to us very civilly, and
they discussed at last whether we
were to be burned as criminals or not.
They concluded negatively, inasmuch
as we had not been heard as yet, and
at midday the king himself brought us
dumplings and venison to eat.
“In the evening there came a great,
many Indians. The Assembly of the
Great, as they called it (consisting of
Newbold, of Philadelphia; Dr. E. S.
Clouding, of Philadelphia; Dr. C. H.
Reckefus, of Philadelphia, and Dr.
Allan McLane Hamilton, professor of
medical diseases at Cornell University,
New York, who testified for the de
fense, as well as Dr. John W. Mallett,
chemist of the University of Virginia;
Dr. Victor C. Vaughan, dean of the
Department of Medicine of the Uni
versity of Michigan; Dr. T. P. Mor
gan, instructor at Columbia Univer
sity, Washington; Dr. R. C. Williams,
the eminent medical text writer, of
New York; Dr. Jas. Wesener, of Co
lumbia Laboratory; Dr. Ludwig Hek
toen, of the University of Chicago;
Dr. R. C. Emerson and Dr. Charles F.
Chandler, of New York.
The government contended that
Coca-Cola contained a dangerous
amount of caffeine; that when the
habit is formed it is hard to break,
and that the use of Coca-Cola was. be
coming a dangerous habit; that the
article is adulterated by the addition
of caffeine as an added ingredient.
The learned judge explained the
provisions of the law under which
this case was tried, and, in an ex
haustive and most convincing argu
ment, showed that Coca-Cola is not
adulterated by the addition of caf
feine, admitted by the defense to be
one of the constituents, ruling that
“The article can not be properly said
to be adulterated within the meaning
of the Food and Drugs act, and the
plainly expressed intention of Con
gress on this subject.” The judge ex
plained that Coca-Cola, being widely
known and recognized by its qualities
by the public for many years, could
not be said to be adulterated unless
some article other than those con
stituents which are regularly present
in the manufacture of Coca-Cola
should be added, and that the pres
ence of caffeine as one of the constit
uents was not an adulteration.
He further argued that if caffeine
were omitted from the manufacture of
Coca-Cola, the public would be de
ceived in that which they purchased
as Coca-Cola, as caffeine constitutes
an essential element in the manufac
ture of this popular drink. The learn
ed judge then explained the govern
ment’s contention in the case, and
continuing said, “It results that inso
far as the libel charges that Coca-Cola
is adulterated because it contains caf-
The Golden Age for May 11,1911.
A Thrilling Historical Story
forty elders sitting on the ground
around a fire, as is their custom),
took place at 10 o’clock in a beautiful
open space.
“There was in the circle a place set
apart with two mats for us, a mark of
great deference and honor. We there
fore sat upon them, and on our left
■side our speaker, the Indian who had
come with us. The speaker of the
assembly made a long speech, and it
was ordered that the youngest of the
assembly should represent the Indian
nation, the king putting the question.
We were examined very strictly con
cerning our intentions and why we had
come hither. Also they complained
very much of the conduct of English
colonists, and particularly Mr. Law
son, charging him with having been
severe, and that he was the man who
had their lands.
“After having discussed at length,
they concluded that we should be lib
erated, and the following day was ap
pointed for our return home. The
next morning we were again exam
ined, but one Cor Tom being present,
the king of Cor village, he reproached
Mr. Lawson for something, and they
began to quarrel with great violence,
which spoilt things entirely. Though
I made every effort to get Lawson to
quit quarreling, I did not succeed.
“All at once three or four Indians
fell upon us in a furious manner. They
took us violently by the arms and
forced us to sit upon the ground be-
seine as an additional ingredient, the
claimant’s motion for peremptory in
structions must be sustained. Thus
the jury was instructed to bring ver
dict for the Coca-Cola Company on the
first count relative to adulteration.
In the second count the Coca-Cola
Company was charged with using a
deceptive label representing the pres
ence in this food product of Coca.,
meaning the leaves of the Coca plant.
The judge ruled that the name and
label used by the Coca-Cola Company
on this food product was not deceptive
or misleading, under the provision of
the Food and Drugs Act, concluding
the ruling on this count with the fol
lowing remark: “It results from facts
hereinbefore found from the undis
puted evidence that insofar as the libel
charges the misbranding of the Coca-
Cola by reason of any false statement
or suggestions contained in the name
itself, the claimant’s motion for
peremptory instructions must be sus
tained.” With these words the learn
ed judge instructed the jury to find
for the defendant, Coca-Cola Company,
on the second count.
On the third count he also ruled in
favor of the Coca-Cola Company, as
follows: It also results from what has
heretofore been stated that insofar as
the libel charges that Coca-Cola is mis
branded, because of being an imita
tion of or offered for sale under the
distinctive name of another article, in
the entire absence of evidence to show
that this is the case, the claimant’s
motion for peremptory instructions, so
far as this charge of the libel is con
cerned, must also be sustained.”
On the fourth count, in which Coca-
Cola, it was claimed by the govern
ment was misbranded by reason of be
ing mixed, colored or stained by the
use of coloring substances whereby
damage or inferiority of the mixture
was concealed, the judge expressed no
opinion upon the weight of the evi
dence, but left the matter to the jury
under the issues raised by the plead
ings.
The fifth count charged in the libel
that the design on the label was mis
leading, suggesting the presence of
Coca in the Coca-Cola product. The
judge ruled that this was not a ques
tion of law but of fact, and should be
submitted to the jury for determina
tion. The government attorneys ask
ed the judge to direct the jury to give
fore the whole of them there col
lected. No mats were spread for us.
They took our hats and periwigs and
threw them into the fire, and a council
of war being held, we were imme
diately sentenced to death. On the
day following we were taken to the
place of execution. Before us a large
fire was kindled. Whilst some acted
the part of conjurers, others made a
ring around us, which they strewed
with flowers.
“Behind us lay my innocent negro,
and in this miserable situation we re
mained that day and the subsequent
night. I was wholly resolved to die,
and accordingly offered up fervent
prayers during the whole day and
night and called to mind as I could
remember them even the least sins.
I tried and recalled all that I had read
in Holy Scripture—in short, I pre
pared myself the best I could for a
good and salutary death.
“I found in the meanwhile a great
consolation in considering the mira
cles which our Lord Jesus had made,
and I addressed forthwith my ardent
prayers to my Divine Saviour, not
doubting that He would grant them
and perhaps change these savage
hearts harder than rocks so that they
would pardon me—what indeed hap
pened by God’s miraculous providence.
“On the morning of the next day on
which we were to die a great multi
tude was collected to see the execu
(Continued on Page 16.)
a verdict in every count. This he
did, thus giving the Coca-Cola Com
pany a complete victory.
In view of the thoroughgoing nature
of Judge Sanford’s argument and rul
ings, and in view of the extraordinary
ability of the large number of eminent
witnesses, this case will be long re
membered as one of the most impor
tant in the history of American court
procedure. To the public, however, it
would seem that the government
ought to have been more sure of the
ground before wasting so much public
money, and before involving a similar
loss upon a prominent Southern man
ufacturing concern in such a futile
attack. Legislation is not enacted to
harry, annoy and persecute legitimate,
honest, industries, and the Pure Food
and Drugs Act which, properly admin
istered, should be of eminent benefit
to the American people, appears likely
to be used by the Agricultural Depart
ment as a means of discriminating de
structive attack upon legitimate in
dustries with the result of severe
shock to the manufacturing world, and
with no results in benefit to the gov
ernment or the people.
It was brought out in this trial that
Coca-Cola contained less caffeine than
coffee, and inasmuch as the quantity
of caffeine consumed by the American
people in Coca-Cola is infinitesimal as
compared with the quantity of the
same substance consumed in coffee
and tea, it would seem to have been a
wiser step to have made the case
against all importers and dealers in
coffee and tea and coca, who are num
bered in the thousands, rather than
select one single Southern manufac
turer whose handling of caffeine in
volves such insignificant consumption
on the part of the people of that com
modity. The government should be
fair. Had the same case been made
against all grocers, jobbers, roasters
and importers who handle tea, coffee
and coca there would have been such
a howl throughout the land, not only
by such dealers, but also by the mil
lions of consumers who daily consume
enormous quantities of caffeine in their
tea, coffee and coca, that the admin
istration would have felt a shock al
most equal to that felt by the British
government when the Stamp Tax was
placed on American importations of
tea leading to the War of the Revo
lution.
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