The times. [volume] (Richmond, Va.) 1890-1903, 1897-06-29
The QUESTION OF LIBERTY.
Business Hen Want 10 Conduct Thelr
Inairs as They Sec Fit,
SAID Mr.. CHOArE IN his ARGUMENT
In Behalf Of tho American Tobacco Com
pany Yesterday Claimed That the
Company Had Employed Honorable
Methods In Its Businesss

NEW YORK, June 2s.-Argumcnts were
Duke. president; Josiah Browne. secrs-
tary. and other officers and directors Of
the American Tobacco Company. on tho
charge OF conspiracy to restrict trade.
The case went TO the jury tonight.
Then Judge Fitzgerald began his i'm
structions to the jury. lie 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 tho
State. lie would impress 1t upon tho
minds of the jury that II was not a civil
suit in which 1t 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. II was for them TO determipe
whether or not the eyidence established
the truth OF the allegation.
Judge Fitzgerald reviewed the evidence
of Robert ;. Brown. and that given by
Dealer llirsch OF Brooklyn both OF whom
claimed to have been injured by the
American Tobacco Company. IIe also
quoted at some length from state and
Federal court decisions After ruling
upon a number of requests submitted b
the jury To retire.
Joseph H. Choate addressed the jury In
behalf OF The defendants.
Business men were anxious TO know
whether they would be allowed to conduct
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 con-
demned TO a felon's CELL He claimed
that the testimony introduced by the pro-
secutlon failed To- show that the defend
ants had employed any but honorable
means in adopting governing rules.
QUESTIONS INVOLVED.
There were two chief questions involved
i'm this trial. one was:
Has the owner and manufacturer o1
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 priceA
at which such goods may be sold or cau
he make special arrangements to give
exclusive right to sell these goods TO cer-
tain persons?
Mr. Choate read the report OF the New
Jersey court i'm the case n year ago
against the American Tobacco Company
and asked that Judge Fitzgerald incor-
poratcd portions of the report in his
charge
"Such an agreement as has been mado
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 tho
wall i'm consequence.
A DIFFERENCE IN METHODS.
There Is "A difference between a con.
spiracy TO oppress trade by Illegal metn-
DDS and pushing your business to its
extreme limits by your own genius.
"Thc only conceivable way In which
the directors could be guilty Of conspiracy
would be to so place their business as to
take away the legal rights OF other per-
sons"
Mr.. Choate laid much stress upon tho
fact that the price OF cigarettes had hren
reduced since the American Tobacco Com
pany came into existence.
Mr.. Choate finally reported the consign-
meni agreement. He claimed that II was
perfectly legal; that 1t worked injury to
no one.
District Attorney Olcott spoke for tho
prosecution. Much OF his address was
personal to Mr.. Choate.
At 1885 O'Clock this morning the jury
not having reached any decision, by orde'-
OF the court was locked up for the night