The times. [volume] (Richmond, Va.) 1890-1903, 1897-06-25
THE COMPANY'S DEFENCE
wfrNEsshs EXAMINED FOR THE
AMEEfCAN TOBACCO co.
Dealers Handled Cigarettes Other Ihan
Those Made nv the a. I'Co'
MI. FulIer's Argument


NEW YORK. June 24.-President Duke
| of the American Tobacco Company was
| the only one of the officers OF NAT or
ganization present in the Court OF uehc-
| raj Sessions this morning, when the triai
of the company's officers on the charse
Of conspiracy was resumed.
Solomon Rosenbaum. who, up TO March
last. was a salesman In the employ oi
| the American Tobacco Company, was the
| first witness called by the prosecution TO-
day. Rosenbaum said that In ADDITION 10
his work as salesman he reported 70 'he
| officers of the company as TO the man
nor ,r which the holders of consignmeh,
agreements conducted business. III "as
hss any 10 deliver goods TO the Joppers
who purchased supp"e7 ""
pnuen agreement.
UnNnrED oTHER CIGARETTES.
u,,.oss renorted Morris Hirsch, OF
"i- cox ceiling cigarettes manu-
too,,,,cd nv the National Tobacco 'oih-
~ Uirsch. who had dealt WIN Tue
Nrcrican Tobacco Company toln WHITES
,bat he had become an agent oil the va
tional Tobacco Company. Inc 49,"
said that he was present AZ d .
| ~ about one hundred members oi III
tobacco trade. held in lss1' AT "nn.n
! vote was taken on application 10 .na~s
tho consignment agreement. "''",''
em :, aiiowed TO say whether the re-
| eult was i'm favor Of or against 'he con,
,inuance of the plan. Witness expresseu
the opinion that there was not ono ~
her or dealer I'm the district coVeieu Wy
him who did not handle paper oisai',
made by other manufactures thah VIC
American Company. .,,
Edward b.. Sperry. who was e"ploSSu
as stenographer by Secfe'alS en-
BROWN. of the American Tobacco ,om-
many next took the stand. lie salu ne
had been subpoenaed to produce the mn
| me- hook of the meeting OF the bodiu
| ~ Directors of the American company
| during the years 1892 and 1875.
He said he had not produced the DOCKS
because he had no control over thein.
He did not remember what directors
| was prosent at the meeting when tne con-
| s;onmnrt was agreed upon. He finally
remembered that Major Lewis "ln'ei' d
director. was present.
After a recess. Mr.. Sperry was allowed
IA take the stand 10 correct a statement
he had made during the morning exami-
nation.
81 did not mean 10 say that ] had seen
the minutes of the meeting at when the
consignment agreement was adopted !
should have said that I saw the resolu-
ton i'm which the agreement was en-
bodied"
Solomon Rosenbaum was recalled anu
! ouestioned bv the prosecution. He reaf-
drmed the statement made by him that
iobbers who had been Disseminated
against by the American Company could
| procure the goods Of that company at IN
side prices. and that the companys ac-
ton in discriminating against them was
practically of no effect.
This closed the testimony for the prose-
cution. and Mr.. Fuller then began the
opening address for the defendant.
ADDRESS FOR THE DEFENCE.
Mr.. Fuller's argument was based on the
statement solely that the consignment
agreement was not a violation OF the
law. He said that the competent legal
talent had so decided before II was put IN
operation. lie claimed that IL was the
outcome of complaints from the Jobbins
trade. who wanted some protection from
ruinous competition. After the rebate
system had been tried and found wanting.
the consignment agreement was put on
the market. The fact that Messrs.
Hauptman. Hyer. DRESSER, and Whalen.
witnesses for the defence. had protested,
claiming that they were debarred from II,
Mr.. Fuller thought was sufhclent proof
for the jobber. lie dealt with stress on
the fact that the National Cigarette and
Tobacco Company had guaranteed
against loss jobbers who had consented
TO break the agreement and handle Adj
miral cigarettes.
Mr.. Olcott objected to Mr.. Fuller's
Summing up in his address, and the
Judge sustained the objection.
Mr.. Fuller read the consignment agree
ment TO the jury. and announced that
the case. as far as the defence was con-
cerned. would stand or fall by II.
Mr.. Fuller said that the introduction
by the District Attorney. as witness. of
State Senator Lexow. chairman Of the
Trusts Investigating Committee of the
Legislature. by means Of which the testi-
mony given by President Duke. Secretary
Browne, and other officers OF the Ameri-
can Tobacco Company. before that COM
mittee. was brought out. made II neces-
sary for them TO produce any OF these
officers as witnesses. They would stand
by the testimony given before the Inves-
ticating Committee.
When Mr.. Fuller closed his address.
court was adjourned until tomorrow
morning.