The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-23
RESTRAINED TOBACCO MEN,
a sbEEP-1NDUCLNG MONOTONE OF
TESTIMONY.

Senator Lexow Asked what James n. bake
Testified To Before the Monster Huntsrs-
otteoiien That You Can't make y Defendans
Testify AEainst Hiusscir by That lndirsction.
In the trial of the members of tho American
Tobacco Company, District Attorney Oloott
has discovered q sure cure for insomnia. The
proceedings are guaranteed to produce sleep.
The trial is on in tho Court Of General Sessions
every day from 1880 A. M. to A:30 p. NJ. Those
suffering from wakctulness are recommended
to try the euro.
The first witness called yesterday morning
was Henry I. Stockwoll, an agent for tho Amer
lean Tobacco Company. Tho District At
torney wanted him to tell how he succeeded
in inducing Frederick p. Hier, a jobblng to-
bacoonist Of Syracuse, to give up tho sale Of
cigarettes not made by the American Company.
Tho witness could not remember anything
about the transaction, X there was one.
Have you been talking with one Of your
employers, tho defendants In this case, since
you left the stand yestcrdayi" Mr.. Olcott asked
with much nspcrity.
"why, no." answered the witness in innocent
surprise.
Q.-Is your memory ordinarily goodf A.
That depends on tho standard by which It 10
measured.
Q.-By your standard. Al have none.
Tho District Attorney-That's all.
Mr.. Choate-We do not care to cross. OK
anime. 1t would be useless for US to attempt
to get anything out Of tho witness when the
learned District Attorney has failed.
Frederick p. Hicr testified that stockwen
had told him that he must stop selling the Gig
arettes Of the National Cigarette and Tobacco
Company, or he could get no moro from the
Q.I.What did you toll hint Al said that
| II nnttI hpx- htn rrnnIn pf arAVta
not st.s as e eve : box Of s q ai's sent iA out sy she
thas tSe co TSssSso knew SSmBB S x. T nnm nSsRs %Ssi
i Es' goods ,ss sfse4 I Syas 50 Sesn out cut ' 6s' / i was would iiSll eHE
Off the man from whom 1 bought.
o..-what, happened theni Al stopped sell
James S. W. Latin Of Rochester testified that
stockwell had visited him, too.
He said j was handling the National cigarettes.
told him l wasn't Then he told me ! had
made by tho National people. 1 admitted it.
w vasn's ssk ssdt e aNalH t6 ,hel 6i@ sisaFss1 Tf ono s 81 %y
customers wanted to give mo an order for a keg
wouldn't be handling nails for all that"
tobber from, Corning. lie was another who
had broken his agreement with the American
make, and had been unable to buy more goods
Of the defendants In consequence.
MT. CnOate-In0 american Tobacco COm-
pany lived up to its agreement with you, didn't
Q.-And you broke it, A.-Yes.
goodsi A.-Yes.
Q;:-You knew what you were doing when you
in Corning, DO, I forty x. .,r,,.,,,, ,,.,
wanted from the American Tobacco Companyi
o.-Then whose trade was restrained when
Won rera ont off A-Ninp
person who broke faith with you'll A;-No.
testified that he violated his agreement with tho
cites. Other jobbers found it out and com.
planned to the company. and Boss was cut OF.
was nu called to tell about the e" experiences Of his
alive, in having their supply of the Amsrican
Tobacco Company's cigarettes cut Off. The in
dictment found against the defendants charges
them specifically. with a conspiracy to restrain st ain
witness, and OF a man named Brown, The
witness witness told told how how , an : agent mt, Of 1.-The the defendants ass IsI;et:
death. his mother, was selling the cigarettes
Of the National Cigarette and Tobacco Com
P% hhmy;t them naa c rsPC OFT ar rsAi H iass % s sap as.eha'n'''
Cross-examined-were you employed by your
ON what capacity A.-Getting orders
Q.-With n horse and wagoni Ayes.
Nv no tlc llOISt dlll NBHouf a.
The National Cigarette and Tobacco Company.
Odd you know what the profits OF the bust
Odd you really know anything about the
business except about the orders you tooki A.
Mr.. Choate-In view of the last answer OF the
witness, I move to strike ont all OF the testi.
mony of this witness as incompetent and i'm
material. lie says he didn't know anything
about his fathers business.
The vac CoI ,ncn R.i Fs, S?rIecE my d dSraT 70. - had
fallen asleep. His siesta lasted seven min
utes. The Captain Of the court slumbered at
1913: AT 1925 Assistant District Attorney
Hardwicke. having yawned several times, re.
tired to his private room for n nap. Assistant
District Attorney Carpenter was awakened to
take Mr.; Hardwicke's place IN the court room.
ney called: Tho Hon. Clarence Lexow." 'Ev'
erybody" includes the Senator. The District
Attorney asked him:
"Do you remember the testimony given be.
fore the Senate investigating committee OF
which you were the Chairman by Mr.. Duke,
President Of the American Tobacco Company. in
the American Tobacco Company
Mr.. Rollins-I object. The witnesses before
that committee were compelled to testify. They
Jacob Sharp the Court of Appeals held that a
witnesses testimony so given could not DO adj,
duced against himself.
the Court to say that 1t was my intention to re-
fuse to answer the question. subject, OF course
TO the ruling of the Court. 1t seems 10 mo q
question of State policy. as well as whether a
Senator should DO Obliged to make these dis
closures.
The question was held in allegiance until this
read the opinion. Of the Court of Appeals, will
argue for the admission of the question asked
Of Senator Lexow.
FOR STUDY OF THE FINE ARTS.