The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-06-29
CHOATE,s CLOSE.
Right of business Men to Manage
Their Affairs Mt stake.

New York, June 2S.-Arguments were
continued to-day In the trial Of Joseph b.
Duke. president. Josiah Brown, secretary,
and other officers and directors of the
American Tobacco Company on the charge
of conspiracy to restrict trade. The case
went to the jury tonight.
Joseph II. Choate addressed the jury in
behalf of the defendants. Business men
were anxious to know whether they would
be allowed to conduct business in the way
they chose. The question was whether
because the defendants chose to regulate
and manage their own business, they
should be condemned to felons cell. He
claimed that the testimony introduced by
the prosecution failed TO show that the
defendants had employed none but hon
orable means in adopting governing
rules There were two chief
questions involved in this trial. One was:
Has the owner and manufacturer of prop
erty for sale the right to direct by what
means and on what terms these goods shall
be disposed of? Whether or not he could
fix the prices at which goods may be sold
or can he make special arrangements to
give exclusive right to sell these goods
to certain persons.
Mr.. Choate read the report of the New
Jersey court in the case year ago against
the American Tobacco Company, and ask
ed that Judge Fitzgerald incorporate por-
tions of the report In his charge.
Such an agreement as has been made
betwene the American Tobacco Company
and the jobbers has been made between
manufacturers from time to time beyond
the recollection of man. / stand here for
absolute freedom of trade, unlimited COM
petition, no matter who goes to the wall in
consequence.
There is a difference between a con-
spiracy to oppress trade by illegal meth
DDS and pushing your business TO its ex-
treme limits by your own genius.
THE only conceivable way in which
the directors of the company could be
guilty of conspiracy would be to so place
their business as to take away the legal
rights of other persons"
Mr.. Choate laid much stress on the fact
that the price of cigarettes had been re-
duced since the American Tobacco Com
pany came into existence.
MIR. Choate finally reached the consign-
ment agreement. He claimed that 1t was
perfectly legal; that 1t worked injury to
no one.
District Attorney Oleott spoke for the
prosecution. Much of his address was
personal to Mr.. Choate.
linen JuuSS EltzSefdlu began MS M-
structions to the jury. He said that the
trial was an exceedingly important one.
It was an action brought by the public at
large In the name of the people of the
state He would impress II upon the
minds Of the jury that II was not a civil
suit brought to establish private rights or
remedy private wrongs. Whether or not
the fact alleged in the indictment consti-
tuted a crime was a question of law with
which they had no concern. 1t was for
them to determine whether or not the evil
dence established the truth of the allega-
tions
Judge Fitzgerald reviewed the evidence
of Robert S. Brown and that given by
Dealer Hirsch of Brooklyn, both of whom
claimed to have been injured by the Amer
lean Tobacco Company. He also quoted
at some length from state and federal
court decisions. After ruling upon a num-
Der of requests submitted by counsel for
the defense, the judge directed the jury to
retire.
New York, June 29.--At 1875 O'Clock this
morning, the jury, not having reached any
decision, by order of the court, was locked
up for the night.