The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-06-17
THE SECOND DAYS TRIAL
MR.. CHOATE CONDUCTS THE
CROSS-EXAAINATION.
THE C0MPANY'S TYRANY NOW EXPOSED
Several Witnesses Testify to the Arbitrary
Power Which the American Tobacco Com
pany Exercises Through Its Consign-
ment Contracts With Dealers,

New York, June 16.-The trial of the
indicted heads of the American Tobacco
Company was resumed before Judge
Fitzgerald in the Court of Special Ses-
siOns to-day.
The first witness called by the prose-
cution was III. j. Park, a son of the
senior member of the firm of Park &z
Tilford. He testified that he dealt in
cigarettes previous to january, 1890. He
bought cigarettes previous to that date
from the American Tobacco Company.
AS result of a conversation held be-
tween his father and Mr. Butler about
January, 1893, which he overheard,
about 22,550 cigarettes made by rival
of the American Tobacco Company, were
returned to the manufacturers.
Cross-examined by Mr.. ChOate. the
witness said his firm was Incorporated
under the laws of the State of New Jer-
sey. According to the terms of consign-
ment the firm was privileged to send
back the cigarettes returned, as related
on direct examination. He did not think
they were sent back because they could
not be sold. He did not understand that
there was any threat or intimidation inn
piled by Mr.. Butler. He understood the
latter to tell his father that if he read
the contract carefully he would see that
he could not consistently sell other
goods. In selling the goods of the Ameri-
can Tobacco Company to retailers his
firm did not fix the retail price. His
was the only firm he knew of that had
Company not to sell the company's goods
AO1z 4 - -s%l.
wishing other cigarettes.
There was some dispute during the
examination of Mr.. Park between the
prosecution and defense as to how far
the contract should speak for itself,
when Mr.. Choate said that they had
made contract, and if it was a crime,
they would stand by it. They were
satisfied to stand or fall by that con-
tract.
Bebore Mr.. Park was released the
district attorney wanted to know if the
defense would produce Mr.. Butler, ii
requested, for the purpose of indentifica-
ton. The defense objected, and after
some wrangling the district attorney ap-
piled TO Judge Fitzgerald for a bench
warrant for Mr.. Butler. After some
further argument the defense promised
session of the court.
Robert C.. Brown, manager of the Owl
Cigar Company, testified that in Octo-
ber, 1894, he had begun to handle
brand Of cigarettes made by the National
Cigarette and Tobacco Company. Prev
ious to that he had signed the 'consign-
ment contract of the American Tobacco
Company. Shortly after he began hand
ling the opposition brand he telephoned
an order to the American Tobacco Com
pany He was notified of some suspen-
sion in the filling of his orders. The next
day an agent of the American Tobacco
Company, who said his name was Dun
stable, called and told Mr.. Brown that
the American Tobacco. Company could
fill no more orders for him. Mr.. Brown
then called at the office of the American
Tobacco Company and had an interview
with representative of the company,
who assured his customer that there
would be no further trouble; that his
orders would be promptly filled there
after. All that was necessary for him
to do was to remain loyal to the Ameri-
can Tobacco Company"
Daniel Dressler, tobacco jobber of
Brooklyn, testified that he had been
called upon by Mr.. Butler and told that
if he wanted to handle American To-
bacco Company's goods he would have
to cease handling any outside brand
Dressler asked Butler what he would
do with his stock, and Butler told him;
Throw it in the river, if you like"
Later Dressler testified that Mr.. Butler
called upon him and made an offer for
his supply of the independent brand
which he was carrying
Theo. A. Allen, secretary of the Ameri-
can Tobacco Manufacturers Trade
Mark Association, and the reputed
father of the American Tobacco Com
pany, was called, in order to prove that
the consolidation of FIVE cigarette COM
panies had been effected, but Mr.. Ohoate
admitted this consolidation.
Court adjourned until Friday. The
proceedings to-day were greatly dis
turbed by the noise of the tearing down
of the Tombs prison.