The sun., 1897-06-24
HE BOTHERED MR.. CH0ATE.
RAFELOWITS COULDN'T UNDER
STAND THE Lawyers QUESTIONS

STAND THE LdWPER'S QUESTIONS
He IL the Man Olcott said would Tell Heu tho
American Tobacco Company "Ruined"
Him-Had n Contract, Rroke II. and Then
Couldn't BuS Cigarettes fron, the Company.
In the trial of the members OF the American
Tobacco Company yesterday Mr.. Choate had n
tilt with one Of the witnesses for the people,
Tho incident occurred just before court ad
journod. Tho trial had dragged along sleepily
all day. The District Attorney had called sew
eral witnesses, whose testimony was as inter
esting as baccalaureato sermon. After Frank
J. Jungen Of Minneapolis had endeavored to tell
how small cigarette manufactory with which
no had beon connected had been absorbed by tho
trust" the District Attorney called Joseph
Rafelowitz. This is the man of whom Mr.. o.
colt said, in his opening address to the jury:
IF you want to hear how tho American To-
bacco Company has ruined the business of
men, listen to the testimony of Joseph Rafolo-
witt. One day, when was preparing this case.
Rafelowitz came into my office and said: II you
want testimony against these tobacco tyrants
call me and I'll tell them how the trust ruined
me- There was the cry for vengeance in that
mans offer as he made it."
Remembering that portion Of the District At
torney's opening. many in the court room were
anxious. yesterday to see what the man looked
ance. He is little man and thin. not weighing
more than 140 pounds and not above feet 2
inches In height. His hair and beard are white,
and he looks nearly 20. After he had taken the
oath tho District Attorney asked:
Q.-What is your business, Mr.. Rafalowitzi
A.-Nowi
Q-Yes. Al work for L. Blum, l73 Grand
street.
Q-Before getting your present employment
cigars In Forsyth street.
Tho witness answered in such broken English
that It was almost impossible to understand
him. Slowly and by degrees Mr.. 0lcott got from
the old man his story. It was similar to that
told by all the witnesses for the people. He had
been what ia called o sub-jobber, by which Is
meant that he bought cigarettes in quantities
from jobbers and sold them at Wholesale. For
transacting this business he got from the Ameri-
can Tobacco Company half the jobber's rebate,
| or 10 cents per thousand. He broke his agree
| ment by selling cigarettes not made BY the do
PENDANTS. his supply was cut off, and he went out
| of business. He alleged that the American To-
bacco Company finally refused to pay him tho
rebates to which no said he was entitled. This
| story told, tho witness was turned over to Mr..
| Choate to be cross-examined. The lawyer began
with: ~.
| the offices Of tho American Tobacco Company,
and that you failed to get an interview with
Mr.. Choate waited for an answer. but the old
about tho court room. Finally Mr.. Choate
| asked:
Q-Is that sol .A.-whatl
Q.-I want to know il you told the District
| In my question: Al don't understand.
| The question was repeated, but 1t was quito
beyond the witness. Mr.. Choate started all over
Odd you ever go to see Mr.. Dukei A.-oh.
yo;WSess went 10 see SnWhen eR @HnES %ESat .tmss
Q.-when did you. go to see Mr.; Dukei Al
went one time and they told me to come 2, again.
ter house. vent
OIL want TO know when you went to see him.
jury the Court and tho spectators ,t smiled
Mf. Duke oh yearl 1892.
8-What time OF the year, An III October. >.
Not 4oti yer A.HHdws III that don't understand.
MIR. Ghoate WAS getting Just bit rutiied.
Come from Home.
Tho jurors had tried to be dignihed. They
So d
looked as though he had passed through q siege
9-What did you come here for
The laughter rose above the answer OF the
witness. This the Court rebuked, saying:
"Mr. Choate. the witness Is not to blame II his
knowledge, OF English does not enable him to
v S5 A ps Hsaos Sssss ssss he sss5s Ssd
| we may light up his ignorance.
.Q.-Do you know man named tthe name
given was about sixteen syllables or less in
Q.NWhcn did You last see him A.-whcn i
| got my dinner.
Odd you tell him that you would answer all
the questions OF the District Attorney and II 9TH
| yypuIdn' 4 them Al told that
would tell about the American Tobacco Com.
pany. and II the lawyers asked me questions
| didn't want to answer wouldn't.
Q.-Do you know the nature OF an oath A.
What they feed horses
| OF an oath T.
The Witness didn't know anything about. it.
That was too much for Mr.. Choate. Turning TO
the District Attorney he said: =.
The district Attorney-Certainly / do. II
didn't wouldn't have put the man on the stand.
Then Mr.. Choate went at II again, He tried
can Tobacco Company's cigarettes after the
time he had sworn to as the date on which he
had gone out of business. and introduced q check
| in evidence to prove that the rebate which the
witness said the company refused to pay him
had really been paid. Then the witness was ex'
! cused.
The only witness who gave testimony Of any
Mr.. Duke, President of the American Tobacco
Company, had sworn to before the Lexow inyes
tgang committee At ado, the conslgson Of 4, Mr.
Producing rs evidence the so-called black list Of
firms in various parts of the country to which
the defendants had refused to sell goods be
cause they had violated their agreement with
the trust.
The ease OF the people will close this morning
The defence were undecided last night whether
or not to call any witnesses They intend. al
any rate, to stand or fall by tho celebrated con
istence and force OF this agreement, and urge
that they hayea right to employ their present
business methods under it.
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OBJECT T0 COLUMBLA's OLD SITE