The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1897-06-17
Three Witnesses Explain How Competition
Is Kept Down.
GENTLE HINTS PROVE EFFECTIVE
with Written Contracts the Ameri.
cnn robncco Company Force. its
customers 20 Forcwo Handling tho
Goods OF Rival Mnnuincturers-
Court Adjourned Until Friday.
New York, Juno 1G. 1897.

ANeH 1 DIX, June lb, 1897.
The trial of the indicted heads OF the
american Tobacco company was resllln-
eu before Judge Fitzgerald III the Court
or Special Sessions, to-day.
me 1lrSt witness called by the prose-
cutlon was III. j. Park, u son OF The sc.
NOR member OF the firm or Park & Til
ford. He testified that he dealt in cigar
cites previous to January, 1890. He
bought cigarettes previous to that date
from the American Tobacco company.
rs Il result OF conversation held be-
tween his father and Nr. Butler about
January, 1898. which he overheard, about
22.ho0 cigarettes made by Il rival Of the
American Tobacco company were re-
turned to the manufacturers
cross -eNetlnineu by Mr.. Chonte the
witness said his firm was Incorporated
under the laws of THE State Of New Jer-
seS. According to the terms Of con
signment the firm was privileged to
send back the cigarettes returned, as re-
lated III direct examination. He did
not think they were sent back because
they could not Qbe sold. He did not un-
derstand that there was any threat i'm
piled by Mr.. Butler. He understood tho
latter to tell his father that If lie read
the contract careful. he would see that
he could not consistently sell other
goods. In selling the goods OF the
American Tobacco company to retailers
his firm did not fix the retail price. Ills
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contract with the American Tobacco
company MOTTO sell the company's goods
below prices and not to deal with the
firms making other cigarettes.
There was some dispute during the eX-
animation Of Mr.. Park between the pro-
secution and defense as to how far the
contract should speak for itself when
Mr.. Choate said that they had made u
contract and IL 1t was a. crime they
would stand by it. They were satisfied
to stand or fall by that contract. Be-
fore Mr.. Park WAS excused the District
would produce Mr.. Butler, II requested;
for the purpose of Identification. The
defense objected, and after some wrang-
ling, the District Attorney applied to
Judge Fitzgerald for n bench warrant
for Mr.. Butler. After some further ar
gument the defense promised to produce
Mr.. Butler ut the afternoon session of
the court.
Robert c. Brown. manager Of the Owl
Cigar company, testified that III October,
1894, he had begun to handle Il brand Of
cigarettes made by the National Cigar
cite and Tobacco company Previous to
that he had signed the consignment"
contract OF the American Tobacco com
pany. Shortly after he began handling
the opposition brand he telegraphed TN
order TO the American Tobacco com
pany. He was notified Of some suspen-
sion in the filling OF his orders. The
next day IN agent Of the American com
pany, who said his name was DunStable,
called and told Mr.. Brown that the
American Tobacco company could FIJI no
more orders for him. Mr.. Brown then
called ut the offices OF the American To-
'baccO company and had an interview
with representative Of the company,
who assured his customer that there
would be no further trouble; that his
orders would be promptly filled there
after. All that was necessary for him
to do was to remain loyal to the Amer
lean Tobacco company"
Daniel Dresslcr, tobacco jobber OF
Brooklyn, testified that he had been
called unon by Mr. Butler, and told that
IL he wanted to handle American Tobac-
Co company's goods he would have 10
cease handling an outside brand
Dressler asked Butler what he would
do with his stock, and Butler told him:
Throw 1t in the river II you like"
Later. Drcssler testified, Mr.. Butler
called upon him and made an offer for
his supply or the independent brand
which he was carrying.
Theo. A. Allen. secretary Of the Amer
lean Tobacco Manufacturers Trade
Mark association and the Ieputed father
Of the American Tobacco company. was
called, in order 10 prove that the consoli-
dation OF five cigarette companies had
been effected but Mr. Choate admitted
this consolidation.
Court adjourned until Friday The pro-
cecdngs to-day were greatly disturbed
by the noise OF the tearing down CT the
Tonrbs prison.
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