New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-06-09
THE TOBACCO TRUST TRIAL.
-FOUR JURORS SECURED IN JUDGE FITz-
GERALD'S PART OF GENERAL
SESSIONS

SESSIONS.
The case against the officers and directors OF tho
American Tobacco Company, who were indicted M
teen months ago for conspiracy was begun In Part
] OF the Court OF General Sessions before Judge
Fitzgerald yesterday morning. The ten defendants
In the case are James u. Duke president; William
II. Butler vice-president Josiah Browne, secre-
tary: Charles G. Emery, treasurer. and William "A.
Marburg, Lewis Ginter. George Arents. George w.
Gail. Benjamin NJ. Duke and George W. Watts. d.
rectors. The lawyers for the defence are Joseph H.
Choate, w. w. Fuller. ex-Surrogate Daniel G. Roll
lins l.. Oudin and Ralph Oakley. Dlstrict-Attorney
Olcott and Assistant District-Attorney Carpenter
appear for the people.
Josiah Browne was the only defendant in court
yesterday morning. The others scattered all
over the world. but the can so on without
them, as the offence Is only misdemcanor, ana
their presence is not required. Mr.. Choatc and
Mr.. Fuller were in the court early. Disrict-Attor-
ney Olcott and Mr. Carpenter with Assistant DIS
tric:-Attcrney Hardwicke. came in a little later.
Mr. Oco,t moved that the case be taken up AT
1850 o'clock Papers on behalf OF the delehdah's
not present were filed giving Mr.. Choate power OF
attorney to represent them. They pleaded not
guilty. The work Of choosing jury then Degah'
Joseph Klein. OF No. Ill East Sixty-ninth-st.' WAS
the first trial juror chosen. Mr.. Klein Is capnet-
maker at No 2si East Forty-third-st He said that
he had never had any dealings with any OF the de-
PENDANTS nor had he read OF the case against
them. District-Attorney Ocott moved that inc
right OF peremptory challenge be waived Tor the
present and Mr.. Choate consented. Mr. Klein. at'er
being questioned by Mr. Olcott and MI Choa'e'
was excused.
W. W. Dixon. q salesman for l.. X swift q Co''
was the first Juror accepted.
Isaac Spies of No. 2i3 East Seventy-hrst-st''
who is salesman for Engle Heller & Co.. wholesale
dcalerc In liquors at Nos. % and u fTst-aVe''
didn't know that any OF the tobbers in liquors LOT
whom he had worked had been in tho Whskey
Trus; lie had no stock interest In any cor
poratIon His idea Of a trust was the gettlnS To-
gether Of a lot Of firms to buy up all the STOCK
AMI SO control prices. He had never hdo az!
dealings with the American Tobacco COMPANY
Mr. Olcott asked Mr.. Spies long question stat
ing that the defendants were charged win con-
spiracy to do acts injurious 10 trade ana COM
merce and ending with the query whether there
was any reason why he could not be gooo juror
In the case Spies confused by the question:,
ana he answered Yes" Mr. Olcott asked him II
he knew what the question was He asked 10
have It read again. Then he answered / cai,
tell after the trial is over" and was sufp:lsed
when the Court excused him.
Henry NJ lie Wart. OF No. S24 West Ninety
fourth-st, was called. lie Is salesman TOT a
corporation dealing in chinaware. "A conspiracy
said he as where several men consplfe 10 ihJuie
some one" He did not know much about trusts
and had never taken much interest In them lie
did not take enough interest IN inc sun
feet to form opinion whether the Legislature
had been on the right track IN us trust ih'eSi-
CATION He agreed with Mr.. Olcott that certain
combinations of business men were lawful Ills
idea Of burden of proof was balancing OF
testimony. -
Suppose that when you nave hearu .ne e'i-
dence in this case you should md out tha' IL was
q controversy between the American ana 'ho va
tiona, Tobacco companies, would you be able 10
decide impartally between them! asKeo MI
Cboate Mr. lie Wart said he could. Mr.. lie Wart
saw a cartoon in of the morning papers
representing the Tobacco Trust ana the ousai
Trust as two barrels with legs and arms ana
heads manaced with balls and chains lie sald
that II hadn't made much impression on his mhd.
"Were YOU amused by it?" asked Mr. Choa'e
mo. not particularly" he answered
do you think 1t was meant TO prejudlco the
public against trusts? -,
81 don't know" Mr.. lie Wart said that ne o'u
not read the article accompanying the cartoon
You only took a pictorial view Oh INC Quo'''o'''
them" said Mr.. Choate
Mr. lie Wart said that 1t was not proper. IN MS
opinion for combinations TO make biackNs's Oh
dealers that didn't sell their goods
MY lie Wart accepted.
Samuel Huryich. a real estate deale' Ut ->o'
21J Eldridge-st, was called
"Do YOU understand English?' asked Mr.. Olcott
oh yes; understand so much as can
When Mr. Choate got hold Of him he tested his
English by asking him TO read from the Coue
the section named in the indictment Iaugh
TO rap for order. Hurwch started out but ran
up against big legal WORD ana sh0oK ms and
even the Courts face beaned While the Iaush
broke out again. .. ,,or 1Iuruicb
said he hadn't read any paper r onG his own
this ground and he was cxcused.
Henry Kedenberg 30 led merSnani the OF d ro
man called who had ev a on ] thc facts IN
tha j
Mr.. Choaie left the. court at this point, and ex-
Surrogate Rollins took charge. -, oo, por,,
Ezra B. Gilderseeve Of No 4Ss central ab t ARK
talesInan called the afternoon session; Assist
ant DistricAtorney Hardwick asked him Wnat
ton OF for business purposes III the cigar cigar
cite manufacturers OF the country s dsa fTG ob
ssTs wo dd n9h s heG
"Then you do not believe It is right for such a
combination 10 Cypress small dealers, ana they
would would be suilty'"
with any members OF the Nationq Tobacco Com PM
pany He was not and he dd mot KNOW no pny I'd
against corporations or trusts against against, me use
and manufacture Of tobacco or especially against
Giiderseeve evidently wanted to get the jury.
did not answer on account OF deafness Mr.. Rol;,
Shaenged him on the of hardnes subj Of
hitting a challenge. but Judge Fitzgerald over
. ruled both challenges. and Mr. Rollins wanted MS
exception recorded. .
John Hanley, Of No TO Amsterdam-ave.. fol-
lowed Mr.. Gildersleeve He is an Irishman, and Is
in the house furnishing business. Ex-surrogatee
Rollins took hold Of him. and for long time put
puzzing questions 10 hm-'kind of tangng ques-
lions" as Hanley himself called them. The man
was astonshingly ready with answers for every
question till Mr. Rollins asked him. III the Judge
should charge the jury that unless the facts were
totally inconsistent with the evidence you should
discharge the prisoner. what would you under
stand by that?'' Ifanley looked aghast at that.
The question repeated 10 him. but he hes!-
tated to answer -
do you think that is a hard question:"
Its funny question
do you that It's q ridiculous question or
q strange question:
"As understand II. Il seems kind Of strange
can't exactly understand n-perhaps If 1t was given
out slower could"
Mr. Rollins then asked him II the Judge should
the hurden of proof the prose