The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-19
TOBACCO TRIAL EVIDENCE.
OVAL CIGARETTE COMPANY FIG
TRING IN THE CASE.

1. rou,. Tobacco Jobber Tcstines That when
nj. nouEht Rival Cigarettes the American
roupnny ncfuscd 20 sell 10 Him ns ne
ore--Letter showing what They Refused.
rhooSoro Il, Allen, who told on Wednesday, on
,.o trial Of tho indicted officers of tho American
Toh.cco Company, how the company was formed,
-,s cross.cxamincd yesterday In tho General
a..s,ons. lie told how no had thought out the
.,h,m, Of combining all the cigarette interests
IN this country in one company and how ho laid
NJ, nl,n before tho different manufacturers lilo
,od that his scheme was ultimately adopted by
~, manufacturers and the American Tobacco
nomrany was formed. After the company was
e,rmcd. Mr.. Allen said. he put In a money claim
Ar what he had done in organizing tho company
and pnymcnt was refused. He brought suit
.ooinst tho company and the suit was settled
out OF court.
Then, by q series OF questions, most Of which
v.-. ruled ont. Mr.. Fuller Of counsel for tho do
t,ncc suggested the views Of the dofonce US to
THAT Is back Of thn present trial. The rival OF
the American Tobacco Company is the National
Cigarette Nni Tobacco Company. Mr.. Fuller
IN, Icayc 10 read an extract from Mr.. 0lcott's
opcnins Of the case, as follows:
",r, I not right in thinking that l need but
a,;ote two or three words TO the effort OF tho
coun.cl for the defence to cloud your minds AS
' 70 the rca! purpose and interest and impulse of
he prosecution in his case. by referring to the
Enstein & Townscndf Why, Of course they
wrrc the compliments in this easel"
Hhs MIR. Fuller finished reading Mr.. olcott
iumpcd to his feet and exclaimed:
""2ou have misquoted me, sir. and the stenog-
nphcr has misQuoteu me. inc last sentence
YOU rpnd Ia not mine.
'Mr. Fuilcr-It's the official record.
The District .Attorncy-Maybc. hut tho official
record is wrong. What did say was this: 'Of
course. there we're compliments In this case"
MIR. Olcott did not move to have the record
corrected, however. and so 1t stands as Mr..
Fuller read it. The latter then fred n series OF
b questions at the witness. some OF which were as
o.~Did you have a talk with Einstoln and
Townsend before coming here rs u witness
MI. Carpenter object.
The uurt-Ohjcctiun sustained.
the hrm Of Einstein & Townsend in May. 1897,
asking you to Assist them in the collection OF
funds 10 help prosecute this cnscf tExcludcdl
Q-Dtd. you. nj the request OF q member OF the
Arm OF Einstein s Townsend. collect money
nom manufacturers OF cigarettes not member
d!hc American Tobacco Company to prosecute
cases against the American Tobacco Company
brought in the name OF the people OF the State
.. New Jersey and the state OF Illinois lex
\ ~Q'NHave you still in your possession the letter
from Mr.. Levy, written in May, 1871 Al
Q-ilavc YOU the other letters that l men.
"'SQNwiiil You bring them here at the next ses.
sion OF the COURT Al will.
Mr.. fulIer hhG. AT last. got before the Jury
what he wanted. and MIR. Allen was excused
until Monday morning. The next and last wit
ness of the dav was Peter Hauptman of Peter
iisuptman * To-, jobbsrs in tobacco and cigars,
DIST. Louis. W.. HauptInan said that he bought
cigarettes OF the American Tobacco Company
| Up 20 October. 1893. Up to that time his
N irm had bought Of The defendants l6, OOO,-
0C cigarettes n year. In 1893 he bought ciga-
rettes NJ another make and the st. Louis agent
ottbe American Tobacco Company refused to
cell him more OF the Company's cigarettes. The
reason given for this action on the part OF tho
agent was that Hauptman s Co. had violated
an agreement with the American Tobacco Com
pany in selling other cigarettes.
Odd you try to buy after that OF the Amer
kan Tobacco Company Al did.
2;IWere your orders refused J A.-They were.
This letter was shown to the witness. 1t was
dated from the office OF the American Tobacco
Company on Oct. L., 1898:
DEAR sin: We beg TO notify you. In pursuance of
The reservation In our contract, that we will make no
further consignments of cigarettes to you. We shall
be pleased, however, to sell cigarettes to you as yer
tnelose't list, without discount or allowances, save
those OF freight.
The letter was signed by Josiah Brown. Score
tary of the American Tobacco Company, by on
assistant. The witness was asked IL he had re.
eived such q letter and he said that he had.
n Asked when he again bought goods OF the de.
tsndants, he said not until June. 1896. In the
interval he had triet 10 buy cigarettes OF tho
different members OF the company. but had
tlled. Court here adjourned until Monday
naming.