Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-06-29
Mr.. CH0ATE SPEAKS.
CONTINUATION OF ARGUMENT IN
TOBACCO TRIAL.
CASE GIVEN TO THE JURY.
such Agreement rs American Com
nnny's with Jobbcrs, Says MIR.
Choatc, Has Been Made from Time
ID Time Always.

NrT YORK. June 2S.-Argumonts
,..re continued to-day in the trial Of
yo..ga B Duke president. Josiah
ur.aue. secretary. and other officers and
directors of the American Tobacco Com
psrt. on The charge Of conspiracy TO re-
s,uc. trade
Joscph H. Choate addressed the jury
.a behalf OF the defendants. business
men were anxious TO know whether they
would bee allowed 20 conduct business in
tte way they chose, De said. The ques-
ton was. whether. because the defend
.r.s chose TO regulate and manage their
own business. they should be condemned
.o feion's CELL o.. claimed that the
..-tmony introduced by the prosecution
f.ued TO show that the defendants had
employed any but honorable means in
adopting governing rules.
There were two chief questions in
VOWED in This trial one was. Has the
owner and manufacturer Of property
sor sale the right to direct by what
means and on What terms those goods
shall be disposed Of? The other was
US 10 whether or not he could fix the
prices al which such goods should be
sold. or could he make special arrange
ments 10 give exclusive right to sell
these goods TO certain persons?
Mr. C.hoatc read the report of the
New Jersey court in the case a year ago
against The American Tobacco Company
and asked that Judge Fitzgerald incOr-
g r.f
charge.
"Such an agreement as has been made
between the American Tobacco Com
lany and the jobbers has been made
between manufacturers and sellers from
time 10 time beyond the recollection Of
man j stand here for absolute freedom
VI trade. unlimited competition, no mat
ter who goes 10 the wall In consequence
There is difference between a con-
sqiracy 20 oppress trade 10y Illegal me
ihods. and pushing your business to it's
extreme limits by your own genius. The
only conceivable way in which the di-
rectors could Doe guilty Of conspiracy
would be 70 so place their business as to
take away the legal rights Of other
persons
Nlr. Choate laid much stress upon the
fact that the price of cigarettes had
been reduced since the American To-
bacco Company came into existence.
Mr.. Choate finally read the cousign-
ment agreement lie claimed that il
was perfectly legal; that it worked in
jury 20 no one.
District-Attorney Olcott spoke for the
prosecution. Much of his address was
personal 90 Alr. Choate.
The case went to- the jury tonight.
Then Judge Fitzgerald began his instruc-
tious TO the jury. lie said that the trial
was an exceedingly important one. II
was am action brought boy the public at
large I'm tho name of the people Of the
state Tie would impress it upon the
minds Of the jury that IT was not civil
suit. I'm which it was sought TO establish
private rights or remedy private wrongs.
Whether or not the fact alleged IN the
Indictment constituted crime was "a
question Of law. with which they had
no concern. il was for them TO de-
termine whether OF not the evidence es-
tablishcd the truth Of the allegation.
Judge Fitzgerald reviewed the evidence of
Robert S. Br. IN. and that given by Deal
er Hirsch. Of Brooklyn, both Of whom
claimed TO have been injured 10y the
American Tobacco Company. He also
quoted at some length from State and
Federal Court decisions. After ruling upon
n number Of requests submitted by coun-
,I for defence the Judge directed the jury
10 retire.
JURY LOCKED Up.
June 9.-At 1886 o'clock this morning
tho Jury. not having reached any deci-
sion. by order Of the Court was locked
up for the night.