The Durham daily globe., 1893-02-25

criminal indictment or in any complaint
for penalty authorized in this act 10
sp- city what sort of combination or
o-partnership the defendant has entered
into or how many persons are engaged
therein or the name thereof, or to allege
any article of agreement or the existence
of any written instrument on which il
may have been based or that such cOmbi
nation was evidenced by any written in
strument at all, nor shall it be necessary
to allege whether the defendant was act
ing for, or was a member of any corpora
tien or co partnership, but it shall only
be necessary to allege that combination
or conspiracy made unlawful by this act
exists, and that the defendants belong to
or acted for in connection with it, and on
the trial Of any criminal or civil action
prosecuted under the provisions of this
act it shall be competent to prove any
and all facts necessary to establish the
existence of such illegal combination or
conspiracy by oral testimony or by depo-
sitions in civil actions as now provided
by law and the fact that written evidence
of any contract, agreement, charter or
other matters peculiarly within the con-
troll or possession of the defendant or any
Of the associates of the defendant exists
shall not render formal testimony con-
cerning the same incompetent.
Sec g. The provisions of this act shall
be cumulative of each other and of all
other laws in any way affecting them now
in force in this state.
! Sec 8. In all trials either criminal or
civil including investigation made before
the grand jury of the several counties of
this state, and in all dispositions taken to
be read in evidence upon such trials, any
witness called by the state or by the
plaintiff in action brought in good faith
to recover a renalty for the violation of
| the provisions of this act, shall, if re-
quired by the states attorney in criminal
action or by the plaintiffs attorney in
civil action so brought, be compelled to
answer any question pertinent to the
matter being investigated and shall not
be excused from answering any question
asked him upon the ground that his an.
swer might subject him to prosecutions,
pains or penalties or that his evidence
might tend to criminate such witness, but
the evidence of such witness when go
called and executed in good faith shall
never be construed to be used against
him in any criminal action preferred
against him or in any civil action brought
and prosecuted to recover penalty un-
der this act nor shall any such evidence
touching the matter being investigated
or tried be ever used against such wit
ness under any other law enforced in this
state, but any such witness called and
examined as aforesaid who testified shall
BE- forever fereclosed and forgiven in all
acts participated in by such witness, con-
corning which he testified and in no
court shall any prosecution, civil or Grim
inal, be against such witness by reason of
such act.
Sec. 10. In all civil action for penal
ties, the court shall have the right upon
motion to order any books or papers in
the hands of any book keeper or other
agent of any defendant or of any other
person, corporation or association with
which the defendant is charged with be-
ing in unlawful combination in the vio-
lation of this act to be brought by such
agent, book keeper or other custodian
before the court for their inspection, and
may allow the plaintiff to take copies of
entries or of papers and may permit such
books or papers or authenticated copies
thereof to be used in evidence and may
enforce all such orders by proceedings as
for contempt of court.
An Important Difference.
To make it apparent to thousands, who
think themselves i'll, that they are not af.
fected with any disease, bat that the sys
tenn simply needs cleansing is TO bring
comfort nome TO their hearts, as a cos i've