The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-09
TOBACCO TRIAL JURORS.
-FOUR cor IN A DAP TO TRY THE
"TRUSTn INDIOTME NTS.

~Peremptory Challenges waived By both sides
TO Expedite the Csse-1wo Accepted Jurors
Smoke Cigarettes without Prejudice -
AmusipG Answers Of some who Didn't Pass.
Tho officers Of the American Tobacco Com
pany charged with conspiring TO " control and
monopolizo the vending Of paper cigarettes in
the city Of Now York" were put on trial yester-
day In the General Sessions before Judge Fitf-
gerald. They are James B. Duke, William II.
Butler. William A. Marburg, Louis Ginter,
George Arents, George W. Gail. Benjamin N.
Duke, George W. Watts. Josiah Browne. and
Charles @. Emery. Tho Indictments are for mis-
demoanor, and the personal presence Of the de-
fondant 10 not required. Mr.. Browne was tho
only defendants present. Joseph H. Choatc. w.
w. Fuller, Daniel g. Rollins, Ralph Oakley, and
Lucien Oudin appeared for the defendants.
1t was agreed to waive tho right Of poremp-
tory challenge In order to expedite getting o
jury.
The flrst talesman called was Joseph Klein, q
cabinetmaker. Ho was asked by Mr.. Choate II
know the meaning Of the word conspiracy. and
answered: "a combination Of people to injuro
Others"
Q.-Do you use tobaccoi A.-No, sir.
Q.-Could you understand a legal arguments
long speech on points Of law1 A.-Maybe; I
can't tell till I try.
"a 1oo ooao IA VI yohh ~ Oto
when you have been selling to ten. would that
be @ conspiracy Al think It would.
Q.-Give US your definition of trusts. Al
cant.
Mr.. Klein was excused. William Dixon, o
drug clerk, said he had read a letter about
trusts and had not thought enough about them
to consider whether they were Objectionable.
He heard that the Lexow committee had been
investigating trusts. but all he read about tho
Investigation in the newspapers was the head
lines. He smoked cigarettes made by. tho
anybody connected with the case. He was per-
Isaac Spies, a salesman, could not define
trusts and was excused.
house. said that he Seiievod it was the right OF
business men to sell to whom they pleased, but
wrong for them to conspire to shut out a rival
Mr.. Choate-If a. man should make a speech
two hours long could you understand hint A.
81 did not ask you IL you could endure it ]
asked II you could comprehend hint Al
MIR. DE Wart was accepted.
Samuel Horwitz, who described himself as q
retired ret Sd, grocer era fr I'n,, Russian IS naa P Sls nd owning q
was the next talesman.
,b "mr: Ho; ,S dsro $G S You understand GSe.ss English
- can speak 1t better as I understand II" an
swered MI. HorWitz
man a big book. look there at the words have
marked on that page and tell me Il you under
stand the meaning of those words
II seemed him before" said the talesman,
pointing to the word conspiracy" "und dot
one here, too Itrustsl. I sawned dot on der news
What paper do you read T, asked Mr.. choate,
stands on dot paper What you can't buy only
from der tobacco trust What you can't sell 10
somebody else What don't want 1t"
yp spG iSS h sh,ps , gSS s. foa S.fe S? Ms. cSosts g legal
81 don't tink l could stand 1t at tall."' an
swered the talesman; mot SO much as half
mebbe. / could not English understood POSSIBLE
fly vhen somebody SPECIFIED 1t out on a court.
He was excused, and. after recess, Mr.. Rollint
tackled Ezra b.. Gildersleeve. who said that he
had taken twenty-four grains OF quinine on Sun
day night and was feeling deaf.
Are you addicted to the quinine habit =
shouted Mr.. Rollins.
Smoke cigarettesi No. sir"
"Do you take quinine daily I"
Caroline Dailyi Don't know her." answered
We'll, III speak lower" said Mr.. Rollins
dicted to the guinine habit ."
Not at all, " said tho talesman; II took it fol
a cold on Sunday night"
He was accepted as Juror Nc; 5. and J9hr
land. who smokes cigarettes, became No; 4
He was the last secured for the day. Juliui
We'll. who sells sausage castings, was knocked
out by this question:
III you were on u jury, and you did not agre,
with the other eleven men on a particular poin
Of law. what would you do T.
I'd say l was sorry and agree with them"
why would you do that !"
I'D want to get out"
The trial will go on to-day.