The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-09-26
NOT GUILTY Of CONTEMPT.
Judge Scott Dismissed Case Against
Defendant Madden.
ANY COTTON SEED COMBINE DENIED.
Mr.. Madden Says That There was
only nm Informal Discussion he
tween Business Men.

case Of tho State against II. w. Madden and
s. M. Dale. charged with being In con.
tempt Of court, County, Attorney Cullen +.
Thomas moved postponcment OF the
hearing until next week. The county attor-
ney said the aunwcr nied by Defendant
Madden alleges that he has entered inso
no combination TO put down the price OF
cotton seed, nor has he been the agent
Of tho Brucevillc Cotton OIL company: that
defcndana had purchased the plant OF the
Bruceville Cotton OIL company at Bruce
Willie last year and was now and had been
since that time the owner OF the plant,
which is known as the Brucevlle Cotton
OIL works; that defendant was not ac-
uuainted with Defendant 8. NJ. Dale, al
legged TO be the manager OF the Temple
OIL Manufacturing company. and that he
tMadden) had not met Defendant Dale on
September 10 or 40 any other date in
Waco or elsewhere.
Mr.. J. Il. Downs attorney for Mr. Mad
den. obiected to postponement OF tho
nearing. The defendant waa In court and
desired to purge himself OF the alleged
contempt. Mr., Dowus read the answer OF
defendant containing the allegations men
TONED by the county attorney,
Judge Scott said the defendant Madden
might take the stand and testify in his
own behalf.
The county attorney said he only wanted
timo to connect defendant with tho alleged
combination as the agent or manager or
owner, rs tho case might be- o! the Druco-
VILE Oil mill. He would have TO have some
time to meet tho allegations In defendants
answer
Mr. Madden was placed on the stand and
sworn
r. l. Monroe. one OF tho attorneys for
DEFENDANT, stated to the court that witness
would answer any question the county at
torney might ask, but at the present mo-
ment defendant would rely upon his an-
swor 50 far as he was concerned. Witness,
IN answer to question put by County At
torney Thomas, said that he was In Waco
on September 10: that he met Mr. Tniloy
OF the Consumers Oil mill at Waco Mr.
RIPLEY of the oil mill at Cameron and Mr..
kySer of tho oil mill at Marlin in tho ro-
tunda of the Pacific hotol that they dis
cussed the cotton oil business, the prlco
OF seed and the price Of products, the III.
tlire prospects OF the business they dis
cussod the price OF seed and whether the
price then being paid was too high or not,
some OF them thought they could not con-
tinue TO pay 81 TO so for seed and make
guy hoHoy ulHers Thought they could they
dh not, witness declared. agree on any
price either higher or lower than had
heretofore prevailed and he had been pay
Ing about the same price since that time
that ho paid before. Thoy had no secret
meeting. but tho discussion was had In the
rotunda withou any effort at secrecy and
there was no agreement or understanding
between the parties at that time or Az any
other time.
Judge Scott asked number OF questions
eliciting practically the snme answers az
appear IN the foregoing Witness denied
any knowledge OF any discussion OF the
war In cotton seed rates at Rosebud: did
not hear OF any understanding between any
parties relative to settlement whereby
that war In prices would cease.
Tho county attorney asked II there was
an understanding, expressed or implied
between witness and other oil mill men
that neither OF them would buy seed In the
others territory Witness answered that
there was not.
The court decided that defendant Mad
den not being the agent OF the Brucevile
Cotton OIL company could not BE- held for
contempt and therefore would be dis.
charged
The investigation as 10 tho other par
ties VIII be continued. the court said, until
tho matter was sifted to the bottom.