The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1897-06-18
THE TOBACCO TRUST TRIAL.
Additional Testimony on the Part Of the
Prosecution as to Contracts of Dealers
With the Company.

New York. June 16.-The trial of the in.
dicted heads of the American Tobacco
Company was resumed before Judge Fitz-
gerald in the court of special sessions
today.
The first witness called by the prOsecu-
ton was H.. ]. Park, a son of the senior
member of the firm of Park & Tilford.
He testified that he dealt in cigarettes
previous to January. 1890. He bought
cigarettes previous to that date from the
American Tobacco Company. AS a result
of a conversation held between his father
and Mr.. Butler about January, 1895. which
he overheard. about %, 500 cigarettes made
by a revival of the American Tobacco
Company were returned to the manufac-
turerS.
Cross examined by Mr.. Choate. the wit
ness said his firm was Incorporated under
the laws of the state of New Jersey. Ac-
cOrding to the terms of consignment the
the cigarettes returned as related
in direct examination. He did not
think they were sent back be-
cause they. could not be sold. He did not
understand that there was any threat or
intimidation implied by Mr.. Butler. He
understood the latter to tell his father
that If he read the contract carefully he
would see that he could not consistently
sell other goods. In selling the goods of
the American Tobacco Company to re-
tailers his firm did not fix the retail
price. His was the only firm he knew of
that had a contract with the American
Tobacco Company not to sell the COM
pany's goods below price. and not to deal
. with firms handling other cigarettes.
=. Before Mr.. Park was excused. the dis
trict attorney wanted to know if the de-
Tense would produce Mr.. Butler. if re-
quired for the purpose of identification
The defense objected and after some
wrangling the district attorney applied
to Judge Fitzgerald for a bench warrant
for Mr.. Butler. After some further ar
MI. Butler at the afternoon session of
the court.
Robert c. Brown, manager of the Owl
Cigar Company testified that in October,
1894, he had begun to handle a brand OF
cigarettes made by the National Cigarette
and Tobacco Company. Previous to that
he signed the consignment" contract Of
the American Tobacco Company. Shortly
after he began handling the opposition
brand he ~telephoned an order to the
American Tobacco Company. He was
of his orders. The next day an agent Of
the American Tobacco Company, who said
his name was Dunstable, called and told
Mr.. Brown that the American Tobacco
him. Mr.. Brown then called at the office
of the American Tobacco Company and
had an interview with a representative
that there would be no further trouble:
hat his orders would be promptly filled
thereafter. All that was necessary for
him to do was to remain loyal to the
American Tobacco Company
Daniel Dressler. a tobacco jobber of
Brooklyn, testified that he had called
upon by Mr.. Butler and told that if he
wanted to handle American Tobacco Com
pany's goods he would have to cease
handling any outside brands. DRESSER
asked Butler what he would do with his
stock and Butler told him: Throw it in
Tho rfVynr 10 N-n,, 1ln ofn n~acc1a
testified. Mr.. Butler called upon him and
made an offer for his supply of the indie
pendent brand which he was carrying.
Court adjourned until Friday. The pro-
ceedings today were greatly disturbed by
the noise of the tearing down of the
Tombs prison.