The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-26
TOBACCO DEFENCE BRIEF.
VID ENOB OF OTHER PEOPLES
BUSINESS METHODS RULED OUT.

,.o,,e. Not Allowed 70 show That the To-
bacco Company Roilows Accepted nlsthods
ana wa. Advised That Its Plan OF ususiness
IL Lnwfu,-To wind Up the Case on Monday.
Tho defence In tho trial of the mombcrs Of the
American Tobacco Company, 80 far as the taking
nj testimony goes, closed yesterday noon. Court
adjourned until Monday morning, when tho
closing arguments of counsel will be made.
An the oral testimony the defence had to pre-
sent was given by three witnesses. The first
was Jonathan II. Blackwell. q State Senator
from New Jersey and vice-President Of tho
American drocers' Association. The defence
hoped to show by this witness that tho Amori-
can Tobacco Compsny's method OF doing bust
ness was tho usual method employed by many
wholesale businesses. The witness was OK
amincd by Mr.. Fuller.
o.-The American Grocers' Association con-
signs goods TO jobbers. does II mott Ayes, sir.
o.-Is II customary, when goods arc con-
signed by you, TO make the consignment on
agreement between the partiosI
Mr.. Carpenter--I object. What the American
Grocors' Association did has nothing to do with
this case.
The Court-Obiection sustained.
OF 1t was customary for you and your GUS
toners to do business according to o consign-
ment agreement, was II also customary for you
to ~stipulate tho price at which -FOUR goods
should be sold by the consigneoi tExcluded.l
When Mr.. Fuller had asked several similar
question:, had had thoD excluded. and had OK
copied to the rulings, Juror No. 10 CMr. Bern
hardD asked:
Q-were you q consigneo Of the goods Of the
American Tobacco Company Awe were.
o.-were you o consignee Of other goods .
Ave were.
o.-was It your custom a. consigneo of other
goods to pay for them in ton daysi A.-Always-
Yours S;n% Ssssa w. ss ss,S a At; ! s $ss: a ses' were
turn mn The goods at any time Tho consiSnora asks
sold and returns to US our money for tho goods
Of the american sugar Refining companyi A.
ment, are you " oo@psrsd % ssh them At aSed
ehSsei k.@we get 4 rebate, as the American
1G Tss Jurors H%" bad st about Al from the witness
ssqjd let IN, Sea Sst. shs S fSSRsa p EIslseS: and tho law
c. c. Beaman. MT. Choate's law partner, was
e, ,Ss, P t. ~, wit sssn,1 aS G ne o %DpsRs5SS e . sssss
ment, at the request of the American Tobacco
Company before o the company ,pnl n. sent s1s.d !. out and!
Isrbed . perfectly lawful WAY In shi9h to Do
O.-tDN MI. ShoolC-I ola 0AAs DoACN AColoCht
OF the American Tobacco Company, tell you that
he wanted to keep strictly within the law in
forming the American Tobacco Company lex.
MIR. Choate-This question IL not asked for the
purpose of defence only. By the answer to 1t we
hope to show the good faith OF these defendants
in taking advice OF reputable counsel and acting
ton. Your Honor. By this ruling. Under 4 We
which, under advice of counsel, we thought
Nj. Choate quoted any quantity of decisions
in support of his contention, but Judge Fitzger
aid refused to change his ruling, Then Mr..
Choate started out all over again. asking:
.Q.-Did you advise that the agreement was
Gr. Carpenter-I object even to the asking OF
that question. II the counsel wants to sum up,
why doesn't he say 500
penter. / intend to ask this question. even II
I'm punished for contempt. .
He dld 50, aud the Question waS Eu.ca out
Then " victor ssw. MSra GSt5;.t for e Mor al the M law
called. He confessed to being the author of what
Mr.. Choate called Q very learned work on cor.
~porations; He also said he had been consulted
MIR. Choate then started to ask him the ques
tions put TO Mr.. Beamsn. They were ruled out
and Mr.. Morawetz was excused. That ended
the attempt Of the defence to put IN oral test
was Introduced and tho defence rested.
The Court-With reference to the closing
arguments Of counsel. 7 shall place no limits
'H NJ! se Choa as thfy g %ay i saSSs9 Il 70 To "1 ME tn. .rru
ments will be very brief.
Mr.. 0~lcott-Suppose We agree on two hour
MT. choate-More than enough. No mar
ought to talk more than two hours.
Nj. Olcott-1 can't.
Mr.. Choate will talk from IL O'Clock 10 ]
o'clock on Monday. and Mr.. Olcott from Q to