The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1897-06-29
CALLS TT PUSHING BUSINESS"
NOT CONSPIRACY"
THE TWO PROPOSITIONS LAID DOWN
Simply Afirms That the Tobacco Company Has
Right to Do What the Law of
New York Says it Shall
Not Do.


continued to-day in the trial of Joseph
b. Duke, president; Josiah Browne,
secretary, and other officers and directors
of the American Tobacco Company, on
the charge of conspiracy TO restrict
trade. The case went to the jury to-
night.
Joseph III. Choate addressed the jury
in behalf of the defendants.
Business men were anxious to know
whether they would be allowed to con-
duct business in the way they chose, he
said.
The question was, whether, because the
defendants chose to regulate and manage
their own business, they should be
doomed to a felon's cell. He claimed
that the testimony introduced by the pros
ecution failed to show that the defend
ants had employed any but honorable
means in adopting governing rules.
There were two chief questions in
yolyed in this trial. One was Has the
owner and manufacturer of property for
sale the right to direct by what means
and on what terms those goods shall be
disposed of?
Whether or not he could fix the prices
at which such goods may be sold or can
he make special arrangements to give
exclusive right to sell these goods to GER
tain persons?
Mr.. Choate read the report of the
New Jersey court in the case year ago
against the American Tobacco Company,
and asked that Judge Fitzgerald incor-
porate portions of the report in his
charge.
-.Such an agreement as has been made
between the American Tobacco Company
and the jobbers has been made between
manufacturers from time to time beyond
the recollection of man. | stand here for
absolute freedom of trade, unlimited
competition, no matter who goes to the
wall in consequence.
'There is a difference between a con-
spiracy to oppress trade by illegal
methods and pushing your business to
its extreme limits by your own genius.
'.The only conceivable way in which
the directors of the company could be
guilty of conspiracy would be to so
place business as to take away the legal
rights of other persons"
Mr.. Choate laid much stress on the
fact that the price of cigarettes had
been reduced since the American Tobac-
co Company came into existence.
Mr.. Choate finally reached the con-
signment agreement He claimed that
it was perfectly legal; that it worked
injury to no one.
District Attorney Olcott spoke for the
prosecution. Much of his address was
personal to Mr.. Choate.
JUDGE FITZERALD'S CHARGE.
Then Judge Fitzgerald began his in
structions to the jury. He said that the
trial was an exceedingly important one.
1t was an action brought by the public
at large in the name of the people of the
State. He would impress it upon the
minds of the jury that it was not a
civil suit in which it was sought TO es-
tablish or remedy private wrong.
Whether or not the fact alleged in the
indictment constituted a crime was q
question of law with which they had no
concern. 1t was for them to determine
whether or not the evidence established
the truth of the allegation. Judge FitZ-
gerald reviewed the evidence of Robert
S. Brown, and that given by dealer
Hirsch, of Brooklyn, both of whom
claimed to have been injured by the
American Tobacco Company. He also
quoted at some length from State and
Federal court decisions. After ruling
upon a number Of requests submitted by
counsel for the defense, the judge di-
rected the jury to retire.
JURY LOCKED UP FOR NIGHT.
New York, June 2S.-At 1926 this
morning, the jury, not having reached
any decision, by order of the court, was
locked up for the night.