The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1895-02-07
TWO WERE ACQUITTED
sPRIGGs AMI KNIGHT NOT UILTY
OF PAYING REBATES.
Cases OF other Indicted Railway Om-
GERS stiH I'm the Hands of the Jury
-Omcers OF the Bclt Road.

-Omcers of the Bclt Road.
Arguments in the case Of the Wabash and
Lackawanna traffic officials who are
charged with having violated the inter-
state-commerce law by paying rebates. were
heard by Judge Phillips in the United States
District Court at ST. Louis yesterday. Mr..
Stafford and District Attorney Clopton pre-
scented the case for the government and r.
w. Lehman for the defendants. Judge Phil
lips's charge to the jury consumed about
two hours. He went into the law of the
case and explained the effect of the tariff
and agreement placed in evidence and the
legal presumption from the conduct of the
defendants with reference thereto as shown
by the evidence. He said that it was not
necessary that the joint tariff should be
nled with the acknowledgements Com
mission by all the companies composing
the through line to the ,seaboard. If one
filed 1t and the others were found to be
working under 1t. that was sufficient. The
agreement put in evidence purported to be
executed by the Wabash, st. Louis & Pa
cific, Railway Company, while one of the
defendants Is the Wabash Railroad Com
pany, and he ruled that il the latter was
found to be working under the agreement,
oiia ~ III y PIOhlD dHQ IGSpOIulIlS U us
obligations, the legal presumption is that
the latter duly entered into 1t, and if the
offense was committed the indictment would
stand, Notwithstanding this variance. The
question whether KehloP Brothers received a
rebate on the shipment of flour was one of
TACT but 1t must appear to the satisfaction
of the jury that Field, knight & Tell, the
defendants, knew that the money was
paid the Kehlors for that purpose, and that
the payment was made In this city in order
to give the court Jurisdiction. In Conclusion
the court advised the jury that the evidence
did not make q case against Spriggs or
instructed that they should be acquitted.
The jurors retired at $3.50 o'clock, and at
$50 returned and reported that they had
agreed as directed to find Knight and
Spriggs. not guilty, but they could not agree
as to the others. Judge Phillips sent them
out to consider the case further, and a YER
diet may be returned this morning.
This case has been dragging along in the
federal courts for five years. It was
brought originally through the treachery
Of a discharged clerk In the auditors Of
nee OF the Wabash company, who took
copies Of the billing and sold them to the
Ihere are, or were originally, five separate
Inducements against the accused. Every
Time Tune tne case has come up they have been
quilted.
Time TO Buy RaiIronds.
). H.. Kneeiand. one Of the largest secur-
ity holders of the Toledo, st. Louis & Kan
sas City. is In the city for a conference
with X. d. +. PIERCE, receiver of the road.
In conversation, Mr.. Kneeland said that
the railroads OF this country have seen the
worst Of the depression, and better things
were in store. He thought there was now
the best opportunity in railroad history for
investors to make money by purchasing
-roads now under financial clouds. The
present is more favorable to such results.
ne tnought, than when the Vanderbilts
purchased the Harlem road, paying 81 per
share for the stock, which now sells at
than when John 1. Blair and Moses Tay-
Tor purchased the Delaware, Lackawanna
stock which now sells at $3.50: better than
wnen William b. Ogden and Samuel j.
T1iden purchased what is now the Chicago
bonds at $40 to $50 on the 800, with stock
thrown In. the preferred stock of which
road Is now selling at $145 and the common
at $50. He was satisfied that history was
now 70 repeat itself in the matter of rail-
Der OF roads which can be bought at very
low figures which have an excellent future
as the country develops and business re-
sumes IT'S former volume.
Express Contract Modified.
Judge Caldwell, in the United States
Court 1t st. Louis. yesterday, listened to
arguments for and against a modification
or the contract between the Atchison sys-
TEN and the Wells-Fargo Express Com
RoiJs ~ diSuiiSiilS dfOSe out Oh q petit
ton presented by the receivers of the Atch-
ison asking Judge Caldwell to set a day to
hear the representatives of the express
company on the burdensome character of
the contract. The petition alleged that the
contract was made Dec. j, 1892, for five
years. and by Its terms the Atchison and
the roads controlled by 1t were to afford
the express companies facilities for their
business. In return the express company
was 70 pay 90 per cent. OF all gross receipts
and was TO guarantee that this sum would
amount to 81, 10000 per year. The receiy-
ers represented that President Valentine. Of
the express company, had requested them
to submit to the court the desire of the
Wells-Fargo company for a modification of
the contract, claiming that his express
company was losing $50 1000 per year under
an oral reservation that a reimbursement
should be had If it were found. after the
unequal. After rgument Judge Caldwell
asserted the authority of the court to
modify the contract, and he instructed the
receivers to reinvestigate and make a rec
ommendation TO him.
The Western Agreement MuddIe.
The Union Pacific yesterday withdrew its
demand for the insertion of its rates In the
Western rate sheet in such a manner as 10
give the impression that it is the only road
doing business between the Missouri river
and California. 1t never had the smallest
chance of getting what it asked, and it's
Breakdown was only a matter of q few days.
Chairman Caldwell has decided that Until
the troubles in forming the main associa-
tioE are settled there will be no profit in
the organization of local passenger commit
tees at important points in the Western
trunk line committee territory, and that
work has been postponed until such time as
all other matters are adjusted. The COM
mittee stlll has hopes that 1t will ne found
possible 10 put into effect on Feb. 10 the adj
vance in transmissouri and transcontinental
rates, which was decided On in the latter
part of January. III no settlement is reached
with the Union Pacific by that time. how
ever. it will be found necessary 90 put off
the advance until March /.
The Belt Road Meeting.
The stockholders of the Indianapolis
etockyards K Belt railroad. at their annual
meeting. elected as directors for the ensu-
Ing year; w. r. Ijams. William r. Me-