The morning news. [volume] (Savannah, Ga.) 1887-1900, 1899-12-12
AGAINST PROMINENT MEN.
CHARGED WITH VIOLATION OF
COMMERCE. ACT.

of the Federal District Court for
Alleged fraudulent Practices in
Undertaking. FreIght-Three In
dictments, Making seven Counts,
Against Each Defendant-Capacity
of Turpentine Tanks said to Have
Been Misrepresented.
The grand jury of the United States Dis
trict Court returned three indictments
yesterday. in each of which Spencer P.
! Shooter. J. +. Cooper Myers, Charles J.
DeLoaeh, president, vice president and
secretary of the S. P. Shotter Company,
and w. J. LEngle. an agent Of the same
company, are charged with violations of
the tenth section of the federal "act to
regulate commerce"
Under the law convicted defendant Is
liable to a fine of 5000 or a term of two
years in the penitentiary, either or both
| in the discretion of the court, for each
offense. As there are three indictments,
and as two of them contain each three
separate and distinct counts, each count,
charging a separate offense, It is possible
to estimate the gravity of the govern
ments conception of the charges that have
been brought against the officers of the
prominent and wealthy local corporation,
whose alleged acts. in violation of the
statute, form The basis of the indictments
The specific charge, that runs all through
the three indictments with their various
counts, Is that through false stencil marks
on turpentine tanks, used by the Shotter
Company they had been represented to
have capacity of about 600 gallons less
than their real capacity, and that in this
way the railroads, by which the transpor-
tation of the tanks and their contents was
DONE were induced to undertake il for
| much less than their regular freight
charges. 1t IS alleged that the defendants
| were aware Of the discrepancy between
| the actual capacity Of the tanks and the
capacity stamped on them, and that they
made out their bills OF lading for he
| stamped capacity and their bills against
| the consignees, Berry Bros, in Detroit
| Mich, Tor the amount Of the real capac ty
| Inc charge of the government is that
! through the false marks on the sides of
| the cars the railroads were defrauded Of
| their lawful freights.
! The shipments to Berry Bros, of De-
| troit, We're made in the early spring Of
| last year, beginning Feb u and ending
| March 80. The shipments amounted in all
! to approximately $4,000 gallons, that the
| indictments allege were represented to the
/ AotN9 etS oL ABOUT 4O,OuO SalAOnS. 1t is the
| freight on this difference, about 10000 gal
| Ions of turpentlne, with which the officers
| OF the Shotter Company are charged with
| having deprived the roads Illegally and
| with intent to defraud.
The case was in process of hearing and
consideration by the grand jury all Of
| yesterday morning. -Four witnesses were
| examined, Messrs. John z. Driscoll and c.
| {. Martin of this city, Herbert L. Walker
| OF Detroit and B. L. Rogers of Milton
| Pa. Mr.. Rogers represented the manu-
featuring company by which the tanks
| We're constructed and Mr.. Walker, Berry
| Bros of Detroit, the consgnees and pur-
| chasers of the turpentine. Mr.. Martin
| is agent of the Georgia and Alabama Rail
| way the initial line in the route to De-
troit, and Mr.. Driscoll, a clerk for the
| Shooter Company. 1t. was upon the
| strength of the evidence offered by these
| gentlemen that the indictments were
| found.
The roads that are said to have suffered
by the alleged Misrepresentation in the
| capacity of the tanks are the Georgia and
| Alabama the Louisville and Nashville and
the Michigan Central, the Louisville ana
| Nashville having received the shipments
| at MONTGOMERY and the Michigan Central
/ at Cincinnati.
Though all the Witnesses are inclined TO
refuse discussion of the matter, the in.
| ference from their Official and business
I
coll testified to the transactions in the Of
| flee of the Shotter Company, Mr. Martin
| to the number of gallons listed on the
| bills of lading offered by the DEFENDANTS
for signature by the agent of the trans
| portation line: Mr. Rogers 20 the acfuai
capacity of the tanks and Mr.. Walker to
the number of gallons charged to his firm
| FOR which payment was required Such
evidence as this. If It was unfavorable to
the defendant, would have made out the
prima facie case that the government
| would seek 10 establish before the grand
| jury and That evidently from the fact of
| the presentment of the indictments. was
| made out to the satisfaction of the mem
bers of that body. Every count in every
| indictment submitted by the prosecuting
| attorney was returned and presented to
the court, with the grand jury's indorse-
| ment, "a true bill"
| The case has an interesting history II
| mad its inception in hearing before Judge
Judson c. Clements, one of the members
| or the Interstate Commerce Commission
| which took place in Savannah In this
| hearing the commission was the COMPLAIN
| ant ana number Of railroad lines on
| Grating in the South were among the re-
spondents. 1t was brought out. or thought
| to have been brought out, at that time,
| that there had been some Irregularities in
| the shipments of turpentine TO Berry Bros.
| by the Shooter Company, and the matter
| was referred to District Attorney Erwin
1t was taken up at the same time by
| the Interstate Commerce Commission and
| Mr.. j. I. Marchand, in charge of the com,
missions work in the investigation and
prosecution of criminal cases, began a
| vigorous effort TO bring to light and to
the attention of the district attorney and
| the grand jury all the facts that were
to be obtained. These efforts have con-
| tinued for a year and have resulted in
the indictments that have just been re-
| turned against Messrs Shotter, Myers, De-
| Loach and LEngle.
When Mr.. Marchand came TO Savannah
| when the court convened, rs presence fcr
time was a mystery, that was not ex-
planned until the Morning News of Sat
| urday assigned The correct reason for his
| presence. This paper was then in possess
| sion Of correct Information as 10 the in
dictments that would be presented to the
| grand jury and of the part that Mr..