The evening times., 1898-10-13
ROCKEFELLER 4 WITNESS
His Testimony ip Ethe Stand
ard Oil Trusf Hearing.
FLAGLER TO BE CALLED
TIE Effort to Prove That the stand
ard Oil Company Has Not Obeyed
the Decree of the Supreme Court
of Ohio-WOrds Between Messrs.
Rockefeller and GEORGE Rice.

Ter s ordeal under the probe which the SUI
preme court of the State of Ohio is insert
ing in the Standard Oil Trust brought his
lawyers to a stubborn resistance of a like
trial for any other official connected with
that corporation. They will not produce
Henry M. Flagler before the special COM
mission sent here by the supreme court Of
Ohio to find out If its decree ordering. the
Standard Oil Trust from that State has
been Obeyed. This attitude was assumed
by the lawyers last evening when, after
more than ten hours of questioning, ex-
tending through two days, John d. Rookie
feller's examination was ended.
You will produce Mr.. F'lagier tomor-
row." said Attorney General Monnett, of
Ohio, addressing Virgil p. Kline, attorney
for the Standard Oil Company of Ohio.
Not after two days of Mr. Rockefeller"
was the emphatic reply. I'VE will pro-
duce no more witnesses. II you want any
more you must get them yourself"
You said you would produce anybody
we wanted" returned the attorney gen.
eral.
Il did not answered Mr.. Kline. Il
said | would produce MIR. Rockefeller and
have done So
Then we will have to order them here
returned the attorney general, who. turn
ing to his counsel, r. B. kinkead held
brief consultation with him, in which the
word subpoena was of frequent mention.
1t had been announced previously that
the hearing would be continued at 10
o'clock this morning but when, after Mr..
kline's refusal to have Mr.. Fiagler pres
ent, Attorney General Monnett was asked
if the proceedings would be interrupted
because of this. he replied:
You heard what he said. We may not
have anybody here TO examine" but he
intimated afterward that If there were
any delay it would be only brief and
/ the inference was that Mr.. Flagler
would be compelled TO appear at the
hearing.
Great was Mr.. Rockefeller's relief when.
| long after the electic lights had been
called into service in the hearing room,
| he was told that the commission had
! finished with him. Instantly the serious
| and reflective manner he had worn all
| day was cast aside to give place to
, smiles and light humor as he rose from
| his chair and moved about to rid HIM
| self of the discomfort that had come
from long sitting. He listened smilingly
! to the tilt over Mr. Flaglers appearance,
! but took no part in 1t. He nodded pleas
| antly to several persons in the room, and
/ altogether took on gay humor which
! served him well in what under certain
! circumstances might have proved a dis
! agreeable experience, for, while thus
| happy in mind he confronted George
! Rice of Marietta. Ohio.
| Mr.. Rice is the head of the Ohio Oil
Company, long a rival of the STANDARD.
| He is promised as witness during the
| present investigation, and it is predicted
that he Will give important testimony on
the point at issue-that the Standard Oil
Trust has not gone out of the State of
| Ohio. but instead, by ingenious devices,
still controls the Standard OIL Company
of Ohio and absorbs all it's profits. He
| was a close listener to the days pro-
ceedings sitting every minute where he
could look into Mr.. Rockefeller's face as
he testified.
Rumor has long had it that Mr.. Rice
has no friendly feeling for Mr.. Rookie
| feller, and when, therefore. al the close
| of the days session and the company
| had broken into groups these two men
| came face to face and began talking
many curious glances were cast at them
Both smiled as they talked, but In Mr..
| Rice's expression there was little mlrth-
! At length he burst out:
We'll. you ruined me, anyway!
| .Oh pshaw, pshaw!" retorted Mr..
| Rockefeller. mildly, as he turned away
"You did: you ruined me" persisted
Mr. Rice. following him
"Pshaw. pshaw!' and Mr.. Rockefeller
reached for his silk hat. Il would
rather have given ten" he didn't nave
a chance TO say ten what before Mr.. Rice
| interrupted him with:
| TITS no use you saying 'pSnaW- lou
! know id well you did"
Even the profane word did not change
| Mr. Rockefeller's smile, but there was
| no more conversation between the two
| men. as both passed from the room
The session was held in one OF the par
| lors of the New Amsterdam Hotel, as
| on Tuesday. Its purpose Is to decide
whether or not Mr. Rockefeller and 9TH
ers are in contempt of court for failing
TO fulfil the order of the supreme court
| of ohio entered in 1892 which decreed
that the Standard Oil Company of Ohio
should cut adrift from the Standard Oh
Trust and the latter cease.
For the trust It is contended that the
organization has been dissolved. in &C
| cordance with the order Of the court. and
that its affairs are in process OF hqulda-
ton Attorney General Monnett insists
that the trust. although six years have
| passed since the decree of the court, IS
| as far from liquidation as ever; that 1t
| stiu controls the Standard Oil Company
of Ohio and gets all its profits, and there
fore is in contempt of court
Mr.. Rockefeller was promptly on hand
at 10 o'clock yesterday morning with his
LAWYERS. Mr.. Kline. of Ohio, and M r.
Elliott of this city. His only change OF
| dress was in his neck scarf, the red of
Tuesday having been eXchahseo lot one
of plain black.
| Aftes. the court had decided against
the trust. he explained. there were imme-
| diately organized the Union Tank Line
Company and the Buckeye Pipe Line
| coupany These companies were created
bv the trust their stockholders being
Identical with those of the Standard Oh
Company of Ohio. These transportation
companies did all the hauling for the
Standard Oil Company of Ohio. under
terms and conditions which made every
dollar of profit show under that head.
Thus while the oil company was made
IN appear separate from the trust, all its
earnings went to 1t.
Mr.. Monnett, in attempting to show
that the owners of the tank line compa-
nies were the same as the original stock
| holders of the Standard Oil Company OF
Ohio. and thus prove his contention that
the trust still controlled that company
and acquired its profits. asked Mr.. Rookie
felIer to name the officers and stockhold-
ers Mr. Kline advised him not to an
swer and for the first time in the pro-
ceedings the reply was given:
"I decline to answer by advice OF
counsel usE
Mr.. Monnett wanted to know if Mr.
Rockefeller could tell him where he could
find the books of those companies. Mr.
Rockefeller assured him that he could
not. An attempt to ascertain if they
could be had from any OF the trust offi-
cials was answered:
mot to my knowledge"
Mr.. Monnett next sought Ito establish
the connection between the trust and the