New-York tribune., 1897-06-26
RUST DEFENCE CLOSES
MOST or THE TESTIMONY FOR THE
AMERICAN TOBACCO COMPANY
DIRECTORS RULED OUT.

rhs dafsrce OF the directors OF the American
Tobacco Company 10 the charge oil conspiracy
preferred against them was closed yesterday III
the Court of General Sessions. although 1t opened
only on Thursday afternoon with Mr. rulers al
dress Counsel on both sides will sum UP on Mon
day and the case is likely to so to the jury on
Tuesday should nothing interposc. Yesterday
however Foster Milliken. one OF the jurors an
ncunccd TO the Court that he had received word
from New-Jersey that his father was dying lie
had not yet received any message TO go 10 his bed
side the juror said, but he was fearful that such
message might come after the jury was locked up
in which case no telegram could be sent in TO him
After q consultation 1t was decided TO so on with
the testimony for time at least
The early close OF the case for the defence was
due 10 the ruling out by Judge Fitzgerald or All
questions put by counsel for the directors 10 their
witnesses with a view to bring out trade customs
and as TO the opinion of the lawyers who were
consulted at the time OF the drawing up oil the
agreement. The first witness called was Jonathan
H. Biackman. president Of the Wholesale GTocers
Association OF New-Jersey. Mr.. Backman SAID ne
had been IN the grocery business since lsG2 MI
Fuller asked the witness about the manner III
which general merchandise was consigned TO
buyers Mr. Olcott objected 10 the question on the
ground that the consignment agreement of the de-
PENDANTS was not the regular form OF consignment
agreement. Mr.. Choate argued that the sole pAf-
pose OF the question get before the jury the
manner in which consignments were i""ue
but the Court sustained Mr.. Ocotts objection
Mr. Fuller then tried to get the opinion OF 'he
witness in by other questions but each was rned
out Finally the lawyer tired and the witness
stepped down. ,, -. .
C. C. Iseaman. Of Evarts. Choate & Beaman VINO
was consulted by the directors when the cohsis,I-
ment agreement drawn up, was theh caIeu.
MIR ChOate wanted Mr.. Beaman TO tell whether OF
not Mr.. Duke had tod him at the c0hsutalonH tH| !,
he had been called in TO sec that the formation OF Oh
the company was done In a legal manner. pu' On
objection from Mr. Carpenter, for the pcopitr ne @
questions not admitted, although MI. 1Io",e e
show that the defendants acted upon tne lesai au-
vice of competent lawyers; , ,, od,.,oo
Asked by Nj Choate If he had given legal advice IIS
10 the American Tobacco Company In March, le9-,
relative 10 the consignment agreement tne WIN Witne -
repied I'm the aii native, and identhed a letter 70
which was apperded his oftica! signature bea,!nS
on the same subject. The letter was not admltte99
ms part of the record, however, on obJectlon RAISED
by District-Attorney Olcott, ana MT Choa'e gave
up the attempt TO secure more testimony c..
Victor MorawetZ. of the law nrIn OF SeWaro ~ IN,
RE a. Da Costa, the next witness Dut was '''
allowed TO testify 10 any materl2l lacts;, 49,, o,
Mr. Fuller, having put in evidence an 'ie - ~
vevonces OF property of the concerns that became
amaIgamated with the American Iooacco Oon'-
panv the defence closed. ,,. =. ,ror
Judge Fitzgerald ordered an sdjournment 10 MUii i
dsv NJ 1890 o'clock, at which hour Mt 'hoale VIII
begin his address for the defence