New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1896-04-09

gave them up He reiterated this last statement
several times. until Mr.. McCarter inquired II the
witness had not had conversation with some
Of the officials OF the Trust Crawford replied that
agent had advised him not to display an Ad-
m.ral cigarette poster. He admitted that this ad
vice had considerable weight in leading him TO
discontinue the sale OF the Admiral cigarettes.
After a brief cross-examination by Mr.. Linda
bury Thomas " McCarter ST., took the witness
In hand and asked him what was his impression
Of the consignment agreement Mr.. Crawford re-
Piled that It was the impression that the sixth
clause OF the agreement forbade consgnees to
handle any goods not made by the American To-
hacco Company.
What do you mean by the impression?" asked
Mr. Mccarter.
The general impression Of the trade" was the
Witnesses
This reply aroused the attorneys for the defence.
md there objection made at once. me
NeChancellor however, agreed 10 admit the tes-
tmony on this point II II could throw any Hight OIL
the clause, as ne considered ii one OF great impor-
lance. He then asked Crawford whether he meant
jobbers handling the American Tobacco Companys
goods. all jobbers. when he referred TO Inc
trade" The witness answered that It was the
general impression Of jobbers generally that the
clause meant that consgnees were only 10 deal In
goods made by the Trust The testimony on this
particular point was then overruled.
Mr.. McCarter argued long and eloqucntly for the
admission OF the evidence. IL would only prove 70
be corroborative. lie declared that the Trust in
tended to shut out all cigarettes not made in the
factories II controlled, and II conceded by all
that such was the until the suit had been
started The Vice-Chanceor was firm however.
ana the examination Of witnesses proceeded.
Two Paterson dealers who had signed the offensive
agreement were called, but their testimony was Of
little consequence
AN OFFICIAL on THE STAND
josiah Brown. the secretary OF the defendant cor
porafion proved to be brmful OF facts relating TO
'ns trusts but he guarded them In such a way 10
Ause the attorneys for the complainant no end Of
ueuble He began by recitng the history Of the
company. and quoted the price list OF the company at
he time the consignment plan was adopted. He
save list OF the cigarette firms IN the country
sevlous to that time. and said that some OF these
nad been bought out BY the Trus, some were still
manufacturing while others were in the hands OF
receivers At this last statement smile ran around
'ne faces OF the lawyers, and the witness
could not forbear looking pleasant the fact that
none Of his factories In such melancholy
predicamept
ne was asked about the product OF the various
INNS In 1882 and he said that he could remem-
oer but he knew that in 1890 his company made
-"out 100000 oD cigarettes.
me witness was asked for a copy OF the bylaws
" 'ne Trust. but ne unable to produce any other
IAN that containing the minutes of The company.
- is". the year in which the corporation was
,"med. the officers were James y. Duke. president;
san Pope. first vice-president; W. s. Kimball, Sec
"'e Nce-president: Charles g. Emery, treasurer.
49, william H. Butler. secretary. Previous 10
.''n. lss2' the company had no consignees so the
"aess could not furnish list OF consgnees whose
hments had been revoked. Since that time.
LIVER, he was able to recall the names OF those
h we're affected by reference 70 the list OF all
Ia
All. ms Mr.. Fuller. 0: counsel for the defence.
inss su. on the grounds that 1t was not the prov
~ me court to go into TIE business secrets OF
h. - 'pofation Such course. he said would
Va 1ustice to the company and also to the firms
BUSINESS with It, II was inqaistorial and