The news & observer., 1897-06-22
CHOATE FIGHTS HIM HARD
ALL KINDS OF OBJECTIONS TO
STRANGLE TRUTH.
THE HIGHWAYMEN METHODS EXPOSED
The Defense Emphasize Insignificant Points
but Hauptmann Tells the Straight Story
of How His Trade Was Injured
by Conspiracy and Threats.

New York, June 21.-Peter Hauptmann
of st. Louis, was again ON the witness
stand to-day in the trial of the indicted
officials of the American Tobacco Com
-pany on the charge Of conspiracy in re-
straint Of trade. Questions by the Dis
trict Attorney were directed to eliciting
statements that the witness had been
coerced by the tobacco company. Lawyer
Choate objected and stated that the de-
PENDANTS had not been charged with CO.
ercion in the indictment. 1T is not con-
stitutional," he declared, ''to try man
on charge unless they have him indicted
for it,
The objection was sustained by the
court
Mr.. Olcott asked the witness whether
it was or was not possible for him to do
as profitable a business without being
able to handle the cigarettes made by
the American Tobacco Company. The
witness said it was not, if he could not
buy directly from the manufacturers.
On cross-examination the witness said
he had been here from St. Louis since
last Monday, at the request of Mr.. Oh
colt, who guaranteed him his expenses.
He further testified that he could not
make as much profit on the American
Tobacco Company's goods if he bought
them secondhand as he could if he pur-
chased direct from the American Tobacco
Company. He knew that the National
Tobacco Company guaranteed certain
amount of money to cover any loss on
account of any differences between the
firm and the American Company.
The witness did not know very much
about the agreement between his firm and
the National Tobacco Company.
His partner, Mr.. Harms, knew all
about it, but he was in St. Louis. He
could not tell how long his firm had been
receiving payments from the National
Tobacco Company He supposed he did
testify in December, 1894, that it was
still continuing. He could not tell how
long after this the payments continued.
Neither he, nor his firm, either directly
or indirectly, contributed to a suit or
suits against the American Tobacco
Company. The contract of the American
Tobacco Company had been a satisfac-
tory one to the witness. The company
fully lived up to its agreement until OctO-
ber, 1893. Just before that time he was
visited by several representatives of the
National Tobacco Company.
Mr.. Choate sought to have the wit
ness testify that his firm never had any
intention Of changing the American To-
bacco contract until The visit of these
representatives, but the questions were
not allowed.
/ The witness said he and his partner
had conversations upon the subject of
/ handling National Tobacco Company
cigarettes previous to his interview with
/ the representatives of that company.
/ The nature of these conversations was
not allowed to be brought out. He did
not have the agreement of the National
Tobacco Company with him.
Theodore Allen was the next witness,
but so many objections were made by
both sides that nothing important was
brought out.
Daniel Dressler, Brooklyn tobacco
manufacturer; Frederick B. Hyer and
Henry /. Stockwell, were the other wit
nesses to-day.