The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-25
TOBACCO TRIAL CLOSING.
PROSECUTION RESTS WITH TWO DIS
APPOINTING WITNESSES.

~, pecnpee opens, JuntiryinE the ConniEn- |
ment Agreement Under which the Aneri-
can Company Sold to Jobherp-Wm Pro-
duce q Few witnesses on the Same Lines.
The man who said that the prosecution Of tho
Members of the American Tobacco Company
would last all summer was mistaken. Tho Dis
trIct Attorney rested his case at 2:ao yesterday
afternoon. Five minutes later w. w. Fuller
began his opening for tho defence.
solomon Rosenbaum was the first witness Of
the day. Mr.. Rosenbaum was q salesman In tho
,mploy OF the American Tobacco Company up to
March /, 1897. The District Attorney called
him to prove that some member OF the Hirsch
family Of Brooklyn had boon restrained In the
sale Of defendants cigarettes. Rosenbaum. 40
cording to tho District Attorney. was the COM
pany's agent who reported that the Hirsches
wore selling cigarettes Of q rival manufacture.
Odd you report Lottio Hirsch to the COM
puny as being one of the dealers who was sell
ing tho National Tobacco Company's cigarettesi
A.-No, sir. reported Morris Hirsch.
The Indictment says "Lottie" Hirsch. The
District Attorney looked at his assistants Hard
vlcke and Carpenter. Mr.. Choate smiled and
remarked pleasantly: I'm sorry it's too late to
amend tho Indictment"
Dwell, why did you report Morris Hirschf
Ale told me one day that he was buying
Foods Of tho National Cigarette and Tobacco
Company. In doing so he broke his agreement
with my employers. 1 considered It my duty to
tell them OF o customer who had broken faith
with them.
Mr.. Choate VERY gravely)-Morris Hirsch Is
dead. / would remind the learned District At
torney that it is unkind to compel the witness
TO speak other than good Of the dead.
The District Attorney-I have no other ques-
lions to ask this witness.
By Mr.. Choate-What did you say to Hirsch
when he told you he had become tho agent Of
the National Cigarette Company Al con.
graduated him and wished him every possible
Juror No. IL CMr. Brewsterl-were dealers in
yySSap district 'hose made Stiews By Il ths ou Im SsFisrse'eTf oS S q
Company I A.-Why. certainly. They could buy
any cigarettes they wanted
Q.-What would happen II they did A.-Why,
nearly all the dealers In my district handled
Mi. ChoateNOut of the mouths of the District
Attorneys own witnesses we arc acquitted.
Paradox sublime!
The witness was excused and Edward b.
Sperry. stenographer Of Josiah Brown, Secretary
OF the American Tobacco Company. was called.
books Of the proceedings OF the meetings Of the
directors Of the American Tobacco Company:
Have you done iSo sol ,o Aiul have not lhaVe no
Odd you ask any, officer Of the company
whether or not you might bring the books herei
Q.-Do YOU know whether or not the directors
otthe company ever held any meetingsl Al
Q~How often did the directors meet.
Mr.. Fuller-I object. to the question. The
witness was not a director and not the Secretary
Of the company.
Mr.. Mr. s na ne ,,.ss us q, put RSt0; SSe % Of u ySar ro aa;
minute book and tho question won't be neces-
Nj. Fuller-Now. If the Court please. I submit
such a remark in the hearing Of the Jury.
The Court-The remark was improper and tho
ssThe witness was excused and Mr.. Fuller began
s ". opening GssdISs Aa sa 7 81 ae s aT0tSfsi ,s q Length Ftso FROM
THE District Attorney insinuates that the
were not Individual firms befoEe the formation
lot %s. sfssS dTs,I s. s1s eoT HSs Sn By Rs5sh %ss, but
Company bought outright all of the property
owned BY tho members OF the company. con.
estate estate. and aadd' plant. SIT t was a. bona hde a P psIt
those who made ny. the American Tobacco Com
pany were i1rdiyiduals net corporations, no
proved that BY bis own Witnesses.
Sbs aasa ae Ms; Pnlies sS sSpf F, S9 he .b fn . e Fl sSsis
that The American Tobseoo Company had com
suited the best legal authorities In the country
II II s ,ss saiSor IL sss ss. dst tsns sRs s sns Sys1y p Sns
viaed for a legal method Of doing business;
- we n tas' s ssTsdf% of fsil. ' Il Il a fai Mr.; st Ta.!st:
forward agreement. 1t means exactly what 1t
Company had a right to terminate 1t whenever
1t chose, for no reason whatever. The dealer
had exactly the same right. II you gentlemen
Iy that our method OF doing business was
Illegal, then you must say that nine-tenths of
the business done In this country Is illegal. The
business men of America are awaiting your de.
csion.'
The defence will endeayor to prove by repre-.
e~entatives OF the same and other businesses that
the American Tobacco Company's methods are
7 similar to those employed by others. The intro
duCtion Of their testimony will begin this morn.
Ing. The witnesses will be few.