The morning news. [volume] (Savannah, Ga.) 1887-1900, 1897-06-25
TO INTRODUCE NO TESTIMONY.
THE TOBACCO TRUST SURE IT'S CON-
TRACT is LEGAL.

The Counsel for the Corporation Ar
gues That the COnsiGRment Agrees
ment Is Not Violation Of the Law.
IL Was ReSOrtcd to After the Re-
bntc system Had Been Tried and
Found WnntinE-The Kick of the
Recalcitrant JObberH Cited as
Proof That the Agreement Was ~
Good Thing For Them.
New York. June 4-President Duke OF
the American Tobacco Company was tho
only one Of the officers Of that organiza-
ton present in the court this morning
when the trial of the companys officers
on the charge of conspiracy was resum-
ed
Solomon Rosenbaum, who up to March
last, was a salesman In the employ of tha
American Tobacco Company, was the
first witness called by the prosecutions
Rosenbaum said that In addition to his
work as salesman, he reported to the OFF,
GERS of the company as to the manner
In which the holders of consignment
agreements conducted business. 1t was
his duty to deliver goods to the jobberss
who purchased supplies under the cons
slgnment agreement. The witness reports
ed Morris Hirsch of Brooklyn for selling
cigarettes manufactured by the National
Tobacco Company. Hlrsch, who had dealt
with the American Tobacco Company
told witness that he had bought of tho
National company. The witness said ha
was present at meeting Of about 100
members Of the tobacco trade held In 1885,
az
sltlon to continue the consignment agrees
ment. Witness was not allowed to say
whether the result was in favor or against
the continuance of the plan. The witness
expressed the opinion that there was noe
one jobber or dealer In the district cover-
ed by him who did not handle paper Gigs
arettes made by other manufacturers than
the American Tobacco Company.
Edward B. Sperry, who was stenograph-
er OF Secretary Josiah Brown of the
American company, next took the stand.
He said he had been subpoenaed to pro-
duce the minute books Of the meeting OF
the board OF directors Of the American
company during the year 1899 and 1898.
flo said he had not produced the books
because he had no control over them. He
did not remember what directors were
present at the meeting when the conslgn-
ment was agreed upon He finally remem-
bered that Louis Ginter, director, was
present.
After recess, Mr.. sperry was allowed
to take the stand to correct statement
he had made during the morning exami-
nation. II did not mean to say that had
seen the minutes Of the meeting at which
the consignment agreement was adopt
ed; should have said that saw the res
Olutlon in which the agreement was em-
bodied"
Solomon Rosenbaum was recalled and
questioned by the prosecution. He re-
affirmed the statement made by him that
jobbers, who had been Disseminated
against by the American company, could
procure the goods of that company at in-
side prices and that the company's ac-
ton In discriminating against them was
practically OF no effect.
This closed the testimony for the pros-
ecutlon and Mr. Fuller then began tho
opening address for the defense.
Mr.. Fullers argument was based on tho
statement solely that the consignment
agreement was not a violation of the law.
He said that competent legal talent had
80 decided before II was put in operation.
lie claimed that It was the outcome oG
complaints from the jobblng trade, who
wanted some protection from ruinous cons
BtAlAiOMs aAlNtE AHt ItbdNH sJcAehi HdN
been tried and found wanting, the con-
signment agreement was put on the mar
ket. The fact that Messrs. Haputmann,
Hyer, Dressler and Whalen, witnesses for
the defense had protested, claiming that
they were debarred from A., MIR. Fuller
thought was sufficient proof that II was
a good thing for the jobber.
He dwslt with stress on the fact that the
National Cigarette and Tobacco Company
had guaranteed against loss the Jobbera
who had consented 10 break the agrees
ment and handle Admiral cigarettes.
Mr.. Olcott objected to Mr. Fullers
summing up" In his opening address, and
the Judge sustained the objection.
Mr.. Fuller read the consignment agrees
ment TO the jury, and announced that the
case, as far as the defense was coneerneds
would stand or fan by Il.
Mr.. Fuller said that the Introduction by
the district attorney, as a witness, Of
State Senator Lexow, chairman OF tho
trust investigating committee Of the legis-
lature, by means OF which the testimony
given by President Duke, Secretary
Brown and other officers OF that company
was brought out made 1t unnecessary for
the defense 10 produce any OF these offi-
GERS as witnesses. They would stand By
the testimony given before the invesuga-
tion committee.
When Mr.. Fuller closed his address.
court adjourned until tomorrow morning.
WILD EXCITEMENT AT KEY WEST.