Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-06-25
CLOSES;
PRESIDENT DUKE ONLY T0BAcco
co. OFFICER IN COURT.
ARGUMENT FOR DEFENCE.
He Insists That the Consignmsnt
Agreement II Not a Violates Of
the Law-Adjournment Until To-
Day.

NEW YORK, June 24--President Duke,
Of the American Tobacco Company, vas
the only one OF the officers Of that or
ganization present In the Court OF Gene
raj Sessions this morning when the trial
of the company's officers on the charge
Of conspiracy was resumed.
Solomon Rosenbaum, who up to March
last was a salesman I'm the employ of
the American Tobacco Company, was the
first witness caEed by the prosecution
to-day. Rosenbaum said that IN addi-
ton to his work as salesman he reported
to the officers Of the company as to the
manner in which the holders Of con-
signment agreements conducted business.
II was his duty to deliver goods to the
jobbers who purchased supplies under the
consignment agreement
Witness reported Morris Hirsch, Of
Brooklyn. for selling cigarettes manufac-
tured by the National. Tobacco Company.
Hrsch. who had dealt with the American
Tobacco Company. told witness that he
had become an agent OF the National
Tobacco Company.
The witness said that he was present
at a meeting OF about one hundred men,
bers OF the Tobacco Trade, held I'm 1886, at
which a vote was taken on proposi-
;ion to continue the consignment agree
ment. Witness was not allowed to say
whether the result was in favor Of or
against the continuance OF the plan. Wit
ness expressed the opinion that there
was not one jobber or dealer In the dis
trict covered by him who did not handle
paper cigarettes made by other manu-
facturers than the American Company.
STENOGRAPHER SPERRY.
Edward B. Sperry, who was employed
as stenographer by Secretary Josiah.
Brown, OF the American Tobacco Com
pany, next took the stand. He said he
had been subpoonaed TO produce the
minute-books of the meetings of the Board
OF Directors of the American Company
during the years 1892 and 1896 lie said
he had not produced the books. because
he had no control over them. He did not
remember what directors were preseat
at the meeting when the consignment
was agreed upon. He finally remembered
| that Lewis Hnter a director, was pres-
| ent
| After a recess. Mr.. Sperry was all
| lowed to take the stand TO correct Z
| statement he had made during the morn
| ing examination. He said: II did not
| mean to say that / had seen the MINI
| utes OF the meeting at which the con-
| slgnment agree nent was adopted. l
should have said that I saw the resolu.
| ton in which the agreement was en-
| bodied
Solomon Rosenbaum was recalled and
| questioned by the prosecution. He re-
| affirmed the statement made by him that
jobbers who had been discriminated
| against by the American Company could
| procure the goods Of that company at
outside prices, and that the company's
action in discriminating against them
was practically OF no effect.
FULLER FOR DEFENCE.
This closed the testimony for the pro-
secution, and Mr. Fuller then began the
opening address for the defence.
Mr.. Fullex's argument was based on
the statement solely that the ccnslgn-
ment agreement was not A violation Of
the law. lie said that competent legal
talent had so decided before II was pat
i'm operation. He claimed that II was
the outcome of complaints from the job
bing trade, who wanted some protec-
ton from ruinous competition. After the
rebate system had been tried and found
| WdHtilb, tHt tOUSlbuultHl dSGtttuouS
was put on the market. The fact that
Mcssrs. Hauptmann. Hyer. Dressler,
| and Whalen--witnesses for the defence
had protested. claiming that they were
debarred from IT,. Mr.. Fuller thought.
was sufficient proof that IT was OF adj
| vantage to the jobber. He dwelt with
| stress on the fact that the National
| Cigarette and Tobacco Company had
| guaranteed against loss jobbers who had
| consented to break the agreement and
handle Admiral cigarettes.
Mr. Clcott objected TO Mr.. Fuller's
Summing up in mis- opening address,"
| and the Judge sustained the objection.
Mr. Fuller read the consignment agree
ment TO the jury, and announced that
| the case, as far as the defence was
concerned, would stand or fall by II.
Mr. Fuller said that the Introduction
by the District-Attorney as a witness.
| of State-Scnator Lexow, chairman of
the Trust Investigating Committee of
| the Legislature. by means of which the
testimony given by President Duke, Sec.
retary Brown. and other officers Of the
American Tobacco Company before that
| committee was brought out made IL
| unnecessary for them to produce any OF
| these officers as witnesses. They would
Lstand by the testimony given before the
| Investigating Committee
When Mr.. Fuller closed his addree1
court was adjourned until to-moo0yJ a
| y~orrtpO