The sun. [volume] (New York [N.Y.]) 1833-1916, 1897-06-16
TRYING THE A MEN.
PARK e, TIBFORD PRODUCED AZ
VICTIMS OF A TRUST.

Mr.. Park Tells why he stopped Selling Rival
CiE~arettcs-Iuror Hryon Keeps isis Place
Indictment or "Journatr Men FOR Tanaper.
ing with Jurors Asked For by MR.. Chonte.
Judge Fitzgerald denied in tho General SEES.
sions yesterday tho motion to excuse William
j. Bryon from sitting as a juror to try the In.
dicted officers of tho American Tobacco Com.
pnny. A journal reporter had sworn that
Bryon had talked to him about the case. When
the motion had been denied Mr.. Choatc said:
"Your Honor. n miserable, dnstardly attempt
has been made by n certain newspaper to tam
por with the jurors in this case. l now ask that
the facts DO brought to tho attention Of the
Grand Jury for tho purpose. IL possible, of in
dieting the proprietor and the manager OF the
Now York Journal, as well rs the reporter who
did this dirty work"
THAT matter" said Judge Fitzgerald, will,
no doubt, DO attended TO at the proper time, Mr..
Choate. AT present VIZ arc endcavoring to try
this case. Let's dispose Of one thing at a time"
District Attorney Olcott began his opening for
tho people. He said that Allen s. Ginter, w.
Duke, Sons & Co., tho Kinney Tobacco Com
pany, W. S. Kimball & Co, and Goodwin & Co.
had combined TO form tho American Tobacco
Company on Oct. II, 1889. The company in
April, 1890. sent out a notice to all jobbers In
which 1t was stated that in the future the price
of the company's cigarettes would BIO $500 a
thousand, with q rebate or discount Of 80 cents
a thousand to such jobbers as would work for
the company's interest and would not sell
the company's product for less than $3.50
u thousand. The jobbers who would NOT
agree to that proposition could not buy
benefit Of the discount. The company handled
in mG the INN unit ed sta cent When err the Inc COMPANY eis1aIry1 stipu.
lated, that tho jobber should work for the COM
p rSnyy,s int interest r ;,, thst cI %ennt that Tb the .5 51SSssS
learned that Park & Tilford were selling other
eeigar sSom;, The The g company mp AZ demanded fnlS dc6ui that the he
as not TO lose its cigarette trade. A small dealer
named Raffalowitz. whom the company's agent
approached with the Same demand. replied.
prive me Of more liberty in doing business than
/ had in Russian Poland, where ! came from. I
"A few days ago" Mr.. Olcott continued. that
man came into my Office and said: l hear you
arc gathering testimony against the Cigarette
Trust. Put INC on the stand and Ill give testi.
m NJ. ol lot tel elo ses fbgF say aGw t insy tho f%'1 american ae;
Tobacco Company made all those who wanted to
fs, business m T With WITH Il 4. 'is th in o MaTSh; ls sS,t g cor;
agents of the company, He read the contract and
said it was merely a subterfuge, under which the
company hoped to eyade any law that might DO
passed limiting the transactions of trusts. The
agents under that contract were no moro agents
The jobbers, who were called agents, had to
guarantee all sales and pay taxes and insurance
On the gOOuS.
Joseph Park, senior member Of the firm of
Park & Tilford, was the first witness. Ho testi-
fled that when his firm bought some cigarettes
from the National company William II. Butler,
one Of the defendants, came to him and said
that this was a violation of the firms agree
ment with the American company. and that IL
| the sale OF the National cigarettes was not dis
continued the discount allowed on the Amert-
cans cigarettes would be cut Off.
Cross.examincd by Mr.. Choate-Where is that
agreement with the American companyf A.
Q.-The District Attorney did not ask you to
produce it A.-No, sir.
Q--You entered into it Voluntarily Al
Q-You executed It'll Ayes. sir.
.Q-You intended to live up to it'll Ayes,
sir.
Q.-The cigarettes Of the American Tobacco
Il, Company are the favorite brands with your GUS
toners, wholesale and retaili Ayes, sir.
o. representatiye Of the company called
brand Of cigarettes not made by the company,
you were violating your contract. When he did
this and asked you not to sell any more OF the
other cigarettes, you were quito ready to do az
he asked Ayes. sir.
Q.-Everything was friendly between you and
the company's agent, was it noti A.-Per-
Q.-You wanted. outside of considerations of
honor, to keep your contract, because you could
make more money by selling the American To-
bacco Companys cigarettes than by selling
othersi A.-Ycs, sir.
Q.-Thc other cigarettes that you had were
bought on consignment, were they mott A
Q.-The cigarettes of the American Tobacco
Company were bought in the same wayf A.
o.-is it not usual, when goods are sold on con.
signment, for the consignor to limit the price at
which the goods shall be sold
The question was objected to and ruled out.
Mr.. Choate asked the question in various DIFF
ferent ways and finally got an answer in the
affirmative, and that closed the examination.
The case goes on this morning.