New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-06-29
NOW IN THE JURY'S HANDS.
THE CASE AGAINST THE AMERICAN
TOBACCO COMPANY.
OF JUDGE FITZGERALD-YEsTERD

PROCEEDINGS IN COURT.


PROCEEDINGS IN COURT.
The jurv which for some days has been hear
ing the testimony in the trial or the directors
Of the American Tobacco Company in the Court
Of General Sessions retired at $50 last evening
TO consider the verdict. At 1885 this morning
the iurymen had not reached decision, and by
the order of Judge Fitzgerald they were locked
up for the night.
At II o'clock the jury filed into court and the
foreman said there some MISUNDERSTANDING
as to lust what the indictment was. Judge fltZ-
gerald explained that the defendants are indict-
ed for conspiracy to restrain trade Al 'he
request of the Jurors the stenographer theh reau
the testimony Of T. +. Allen, part OF oehaio'
Jexow's testimony. and the testimony showing
the trade controlled by the firms composing 'he
American Tobacco Company both before and
after the combination. This was expiaheu' anu
at midnight the jury left the room.
District Attorney Olcott seemed greatly Peaseo
by the attitude of the jury and the questions
osped nv the different jurymen. Early in the
evening when asked what he thought WOULD De
tho outcome be said he hoped only for dis-
agreement. But after midnight when the ques-
tion was again asked, he smiled and SAID ne
boned for a conviction and regarded the out
look as extremely good
The proceedings began yesterday Win MI
Choate's speech for the defence The great ques-
ton involved in the trial. he said. IN opehihs'
was whether or not the invioate rights OF CON-
tract should be interfered WITH ana the laws
Of trade should be disturbed by the verdict Oh
the Jury In his opinion. he proceeoed' the'e
were two important things to be cohsideieu.
One of them was whether or not the owner anu
manufacturer of property for sale had the r'sh'
to sell It by any manner and Whatever ter"is "e
pleased The other was whether or not inc
laws OF trade justified the owner or proouce' vi
an article in order TO place his goodS Oh inc
market as advantagoously as possible IN sN'"s
special facilities to those who would agree -
give him their exclusive trade. "What we as
sert on our part" continued Mr.. Choa'e' 10
that in the conduct OF their business tue u"
PENDANTS have used none but honorapie iheans'
They have used no methods except 'hose "n''i'
for centuries have been accepted and approved
in trade by all honorable men ana never ''''
this day visited with rebuke by anybody
THE D:strict-Attorney is young man VINO
has a wide discretion. / came INTO '"e WIN
years before his existence was anticipated ana
would advise him that If in the future ne "'S1io'
~ convict n man he thinks guilty he should oher
oil tho evidence he has against him. lie can
convict a. innocent man by only stating hall the
ooso These men are charged with conspirinS 10
do an act Injurious to trade DID you ever ie"
of such case? 1t is the first time nave hearu
of directors in the performance OF 'heir uu'i''
20 shareholders being called on to answer the
criminal charge that they were conspii "'o' '
Won don't combine to 10 an act injurious to
trade unless you conduct your business III sue"
q wav as to take away the legal rights OF other
people ' ,.
NJ Cbooto declared that he stood for absolute
freodom Of trade and for unlimited competition
FINALLY after poking a little fun at the Dlstrlct-
Attorney whose comparative youth ne never
o,owed tho Jury to forget Mr.. Choate closed
with the argument that the American Tobacco
Company had a perfect right to make or re1use
20 make contracts with any one who would give
Il their exclusive trade. ,.,
II nstrict- Attorney Olcott, in his reply, began
,,i denvirr that he had been hypnotized by
CIV, of LAWYERS to take proceedings In the case
AS Mr.. Choate had declared, ana that .he va
tional Cigarette Company had brought apou,
thn caso 10 bolster up civil suit Whicn II hdu
hrouqht against the American company IL was
not necessary Mr. Olcott said, to snow that ,he
defendants had entered into cohlpihatloh WIN
the intent of violating the law. lghorahce u
the law he added. was no excuse. IL these ue
fandants had conspired to do something tiat
was criminal they We're guilty. Moreover, the
verdict Of the jury might nave markeu eIeC'
on the life or trade-the Hie Va TW W 49,
camille freedom. ., 49,.
Judge Fitzgerald in his instructions TO the jury
cold that the trial was an action brought by the
,hl,c az large in the name Of the people or the
state. and that it was not a civil SUR IN Which
# was sought to establish private rights or TO
remedy private wrongs. Whether or nor the iact
i,J uS ,n tho indictment constituted a crime
was question of law which did not concern me
iurv' IL was for the jurymen to determine NICE ,
il, whether or not the evidence established the
~ tsth 90 tho allegation Then at 800 o'clock the
jury retired.