The herald., 1897-01-09
Wait AnxiousIy for the Jury's
Decision
SEALED VERDICT RETURNED
Which Is Generally Thought to. Be One
Of AcquittaI
Railway Magnate Gather at Salt Lake
for the Great Sale Today-Fill-
more Is Feeling Better
Associated Press Special Wire

-ASSOcldleU f'TtSS SpGCldI w nc
CHICAGO, Jan. S.-The case against
John H. Hanley for violation of inter-
state commerce laws prohibiting rebates
was argued today and given to the jury.
which returned sealed verdict. The
government placed on the stand Edward
Wilder, secretary and treasurer of the
Santa Fe road. to identify the minute
books with respect to the change of
name of the corporation, Feb. 4, 1898.
Mr. Wilder did not prove an exception
in respect to the lack of knowledge dis
played by the railway officials who have
preceded him on the stand. He was not
positive that the book in question was
the official one.
Judge Grosscup allowed the book to
be admitted in evidence.
The arguments of the attorneys were
finished early in the afternoon, and
Judge Grosscup began the delivery of
his charge to the jury. 1t was the gen.
eral opinion that the charge was more
favorable to the defendant than against
him.
The court drew the distinction between
the payment of a rebate and the under
standing that shipment was made at
a less rate than the regular one. He said
Hanley was not on trial for the payment
of a rebate, but for agreeing to a de-
Walton of the regular rate of shipment,
and that this fact must be borne in mind
by the jurors. The giving of rebate
was not crime alone, unless it was
esta blished that there had been an
agreement at the time of the shipment.
IF" said the court "Hanley had no
knowledge of the original agreement.
the payment of the rebate was not a
crime. Taylor, if you believe him. con-
meets Hanley in some way with the
transaction relating to the rebate. If
Taylor's testimony is broad enoughsto to
carry Haney's willful and knowing
conduct back to the original agreement
concerning the shipments to the ques-
tion is doubtful matter.
The jury should with great caution
inspect the testimony of participant in
crime. 1t is better that such testimony
be corroborated in every point. The
point in this case is the corrobora tion of
Hanley's connection with it. You are at
liberty to believe Taylor without cor
roboration. find it my duty as judge
however, to caution you against easily
believing without corroboration a man
who has been participant in crime
The jury retired at 5:3 with instruc-
tiors to return a sealed verdict. They
reached an agreement within ten min
its nature will not be definitely known
before morning. 1t is the general opin-
ion that Hanley will be acquitted.
TODAY'S GREAT SALE
SALT LAKE. Jan. S.-A large number
of noted railroad people, including the
representatives of the bond interests of
the Oregon Short Line and Utah North
ern railroads. are in this city for the
purpose of attending the great railroad
auction sale which takes place tomor-
row The sale will include 1856 miles of
track. with all franchises. rolling stock
and other property belonging to the Ore
gon Short Line and Utah Northern rail-
roads.
1t seems to be foregone conclusion
that the reorganization committee, of
which Samuel Carr of Boston is the
chairman, will be the purchased of the
property, and that W. H. Bancroft will
be the general manager of the segre-
gated system
A distinguished party of Union Pa
cifc officials. including the receivers of
that system. arrived here today in
syecial train, having made the run from
Omaha, 1011 miles, in twenty-nine and
half hours.
FILLMORE FEELS BETTER
SAN FRANCISCO. Jan. S.-Manager
j. A. Fillmore of the Southern Pacific
company, for the first time since he was
taken i'll with pneumonia. nearly month
ago, was able to pay a visit to his office
today. He has so far recovered from
the effects of his illness that his phys
icians advise him to take a little exer-
else. He will probably not resume his
abors until next week.