The morning news., 1897-06-17
TOBACCO TRUST AS A TYRANT.
DEALERS RULED WITH AN IRON
HAND.

Park a TilfOrd's Contract Again Ex-
plained-The Firm Not bound to
Maintain the Prices Fixed by the
Trust-NO Threat or Intimidation
I'm the Interview with the Trusra
Representative who Called in RE-
IatiOn 10 the Handling OF Another
Concerns Cigarettes.
New York, June 16.-The trial of the
indicted heads OF the American Tobacco
Company was resumed before Judge Fitz-
gerald in the court of special sessions to-
day.
the first witness called by the prosecu-
ton was II. j. Park, a son of the senior
member of tho firm of Park g. T1lford.
He testified that he dealt In cigarettes
previous to January, $780, He bought Gig
arettes previous to that date from the
American Tobacco Company. As a result
Of a conversation held between his father
and Mr.. Butler about January, 1898,
which he overheard, about 22,5O0 cIga-
rettes made by rival of the American
Tobacco Company were returned to tho
manufacturers.
Cross-examined by Mr. Choate, the wit
ness said his firm was incorporated under
the laws OF the state of New Jersey. Ac-
cording to the terms OF consignment the
firm was privileged to send back the Gig
arettes returned as related In direct ex-
animation. He did not think they were
sent back because they could not be sold.
He did not understand that there was any
In NIak
Butler. He understood the latter to tell
his father that II he read the contract
carefully he would see that he could not
consistently sell other goods. In selling
the goods OF the American Tobacco Com
pany to retailers his firm did not fix the
retail price. His was the only firm he
knew Of that had a contract with the
American Tobacco Company not to sell
the companys goods below price and not
to deal with firms wishing other ciga-
rettes.
There was some dispute during the ex-
animation OF Mr.. Park between the prose-
cution and defense as to how far the con-
tract should speak for itself when Mr..
Choate said that they had made a con-
tract. II 1t were a crime they would
stand by t. They were satisfied TO stand
or fall by that contract.
Before Mr.. Park was excused, the dis
trict attorney wanted to know IL the de-
fense would produce Mr.. Butler II request
ed, for the purpose of Identification. The
defense objected, and after some wrang-
ling, the district attorney applied to Judge
Fitzgerald for a bench warrant for Mr..
Butler
After some further argument the defense
promised to produce Mr.. Butler at the
afternoon session of the court.
Robert O. Brown, manager of the Owl
Cigar Company, testified that In October.
1894 he had begun to handle a brand OF
cigarettes made by the National Cigarette
and Tobacco Company. Previous to that
he had signed the Consignment contract
of the American Tobacco Company Short
ly after he began handling the opposition
brand, he telephoned an order to the
American Tobacco Company. He was no
tilted of some suspension In the filing OF
his orders. The next day an agent of the
American Tobacco Company, who said his
name was Dunstable, called and told Mr..
Brown that the American Tobacco Com
pany could I'LL no more orders for him.
Mr.. Brown then called at the Office of the
American Tobacco Company and had an
interview with a 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 American
Tobacco Company"
Daniel Dressler, tobacco jobber OF
Brooklyn, testified that he had been called
upon by Mr.. Butler and told that N he
wanted to handle American Tobacco Com
panys goods he would have 10 cease
handling an outside brand. Mr. Dressler
asked Mr.. Butler what he would do with
his stock and Mr.. Butler told him: Throw
II In the river II you like" Later Mr.
Dressler testified Mr. Butler called on him
and made an offer for his supply OF the
independent brand, which he was carry
ing.
Theodore A. Alien, secretary OF the
American Tobacco Manufacturers Trade
Mark Association, and the reputed father
of the American Tobacco Company, was
called IN order to prove that the consolida-
tion OF five cigarette companies had been
effected, but Mr. Choate admitted this
consideration.
Court adjourned until Friday.
The proceedings to-day were greatly dis
turbed by the noise Of the tearing down
OF the Tombs prison.
-e-o-e