The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-29
TOBACCO JURY LOCKED UP.
u.D NOT AGREED At 1898 O'CLOCK
THIS MORNING.

hacro Company, tried In the General Sessions
for misdemcanor In conspiring to restrain trade,
went TO the jury at 6:15 last night. The jury
wont out TO dinner, and on their return they
o.rcd for all the documentary evidence in tho
case. This was sent to the jury room. from
which not a word came until IL :05 o'clock p. NJ. |
Then the Jury came back and asked to have
read tho testimony OF Theodore Il. Allen con- |
earning the proportion OF the whole cigarette
busincss done by tho five companies forming the
American Tobacco Company prior to the forma-
ton OF the trust, and the proportion dono after
tho consolidation was effected.
Then Juror Foster Miliken wanted to hear
the entire testimony OF Senator Lexow. The
reading of this part of the evidence consumed
nearly an hour. Before retiring, Juror Hobart
G, Fash asked IL the Jury, providing they could
not agree in a short time, could hand in a scaled
verdict,
you can't" replied Judge Fitzgerald. "be.
cause the law does not allow such procedure in
q criminal action"
Does the indictment charge a conspiracy to
menace trade r. asked Foreman ". w. Dixon.
1.-THE Indictment charges q conspiracy to re-
strain trade said the Judge. The Jury retired
again at 1910 o'clock and at L. :35 they were
locked up for the night.
The jurymen are w. w. Dixon. Henry NJ.
Dc wart, Hobart c. Fash, Foster Milliken, Solo
mon Strauss, Ed Goett, William J. Bryon,
Charles A. Hill. Louis J. Binsse. Paul Bern
hardt. Fred G.. Brewster. and Adolph Gluck.
The ten defendants are James b. Duke, Will
liam H. Butler, William A. Marburg. Louis
Ginter. George Arents, George w. Gail, Benja-
min \; Duke, George w. Watts Josiah Browne.
The courtroom was crowded in the morning
when Mr.. Choato began to sum up for the dc.
fence. HIS said in part:
"The District Attorney, in his opening, said
thai, Mr.. Choato was here to laugh and that
in the case 70 appear at the trial. How dare he
make that fling at me IVES there anything in
out the professional courtesy, which lawyers are
accustomed to show to each other, but 1t was
the remark was made and / resent It now.
III it were only these ten defendants that
were to be branded as criminals, II 1t were only
siop bucket on a neighboring island, 1t would be
enough. to overwhelm any counsel with his
shall they be disturbed The business methods
OF these defendants are the business methods OF
f Snsin oSs,n @sn w0 Win o. yS sos say gG that these T Sefe n5c
ants are, criminals for honorably conducting an
There are Just two questions involved here.
One Is whether the man OF property may dis
other is whether he may dispose OF them at any
price he pleases. Now don't let us have any
more filings from my learned friend, the attor-
though he may be Acknowledgements some day.
Before l pass into the legal questions in
better satisfied II you had been able to hear our
ney In bis zeal. his honorable zeal, to secure a
conviction in this, his first important case; in.
anything. asked. time and again, DO you insist
triet Itsor1 Dese replied. Yes. I insist. u -
Now, the District Attorney has wide discre-
suppose any advice from me is desired by him.
But. having p~ractised at the bar some years be-
iwould say to him, with an old mans privilege.
that II he wants TO secure the conviction OF a
Ssil sss R to oa iss him an asf Il Il az he 1 Wants R5o to secure sas Ge' the
not do Il by allowing only half the truth in:
District Attorney. to be sure; but who pulls tho
wires that animate his framoi Einstein s.
are thsyi Counsel Tor the only successful rival
Of the American Tobacco Company; They have
whom they he thought friendly 70 Us. You have
them them ' We caught aslsi on the wing. WIZ bis land
upon the doorknob; and brought him back to
mated the District Attorney. It is they who
caused the proprietor OF a newspaper to send his
ESS re- @iejo to d iGSn yo s,or sesP sb aaa y t@en published
nt There's a vague rue. and stM,t fiSa ting ! G 2! In%FnI the
one person to do. is unlawful for two or more to
do. II it is lawful for you, Mr.. Foreman. to con.
zig, zig pr prop y Mhiyb medicines lee m 6 si tE t = i0o9 1s 4 and ISxf Ak
for q dozen men to combine with you TO do the
same thing. It matters not whom you drive
Your he Business Sss Seno 1SaS a. An G example SSeo0 q
this right We find in the late Mr.: A;
times. BY his s6rewdness and Industry he was
able to accumulate a vast fortune. but to do Il,
over Ss Tt ne ruins GsD Of how mS MEs, business is Iswt hpq foe o a1e
person or three persons to do Is lawful for three
hundred" .
Mr.: Choate here quoted from the opinion Of
the Vice-Chancellor Of New Jersey In a case
brought against the same defendants on about
Now. that's about all the law ] have to give
you. There is no completely in this case, The
man was here on trial for violating the law IN
reference s. rene to the color Of the cheese he made and
tne court should tel you the cheese could Lava ava
have to take his word for 1t"
Mr.. Choate went on to say that the combina-
business t'Hi es' was a 'G running Si itsef zone An ht i@S 1sshass t reo
cult was the lowering of the price OF cigarettes.
strictly lawful. Then he said:
d, sIhs so District IT, Attorney; n his opening min; r ad.
have Of .ingratIating themselves into the alTec-
voucher. You know. then. that we had a right to
sell at any price we chose and to choose our own
fSS as ke e se, The bI, msid a5t swasS X kn ,Sis t this.
He has a record to make. 1 see he is slated
for higher honors. and he wants the approval OF
md higher 10 the skies, 1 dom know that /
blame him, however. II 1t were as important to
me as 1t is to him to get a conviction of these
defendants ! think I'd keep out all the proof
instead Of halt.
when success was browning our combined
eHorts the National Cigarette and Tobacco Com
pany 6obbcd up. What did they do ! don't
remember what the District Attorney said they
dld, but III tell you, and call IT by its proper
name. They began to biackmail us. They said:
Buy us out or we'll injure, your businessl Buy
uS ont or we'll hound you through the courts of
al the states Of the Union! Buy US out or
wei railroad you to prison."
MT. Choate turned his attention to the form
81 me Indictment and to the specific overt acts
tnerein charged. He maintained that the two
aets specified had not been proved and he closed
With a demand, not for mercy. but for absolute
~ replying in the afternoon Mr.. Olcott said:
SUPPOSE, on going back to your businesses.
you found that two or three merchants In the
saine line OF business as one OF you should have
Sonsplred, in your absence, to drive You out OF
business. Wouldn't you go to some lawyers
IKE Einstein & Townsend, or to Eyarts, Choate
q beaman. perhaps, and lay the case before then,
and they. in turn, after Investigation, would
come TO me, as the District Attorney OF this