The morning news. [volume] (Savannah, Ga.) 1887-1900, 1900-03-10
DENIED INTENT TO DEFRAUD.
MIR. SHoTTER ADMITTED VIOLA
TION OF COMMERCE. LAW.


900, Which. Was Promptly Paid.
Three Indictments in the Case
Were Returned by the Last Grand
Jury. But Two of Them Were MOL
Prossed-AII of Them were MOL
Pressed as to the Other Defend
ants Indicted with Var. shOtter.
Difference Between stamped ana
Real Capacity of Turpentine
Tanks Caused the Indictments.
President Spencer P. Shelter of the S.
p Shotter Company entered a plea of
guilty in the United States District Court
yesterday morning to an indictment re-
turned by the last grand jury, charging
the violation of the tenth section of the
federal "act TO regulate commerce" He
was sentenced to pay a fine of $1,000,
manda lie that was compiled with promptly
Three indictments We're found by the
last grand jury of the federal court, IN
each of which Messrs. S. p. Shotter, J.
F. Cooper Myers, Charles j. DeLoach
and w. ]. l. Engle were jointly indicted.
All of the indictments charged the same
offense against the statute and were
based upon shipments of spirits of tur-
pentine to Berry Bros. of Detroit, in
tanks that were stenciled as of a capacity
considerably less than their real capacity.
The indictments charged that this dis.
crepancy between the real capacity of
the tanks and the capacity indicated by
the stencil marks that they bore IVES
known to the defendants, respectively,
the president, vice president, secretary
and one of the agents of the s. p. Shotter
Company and that in this manner the
railroad over which the spirits were
transported to Detroit had been induced
to accept them at a considerably smaller
rate of freight than would have been
charged.
The shipments upon which the indict-
ments were based extended from Feb. y
TO March 80, 1898. They amounted in all
10 about 5000 gallons of turpentine,
though the total, estimated in the light
of the stamped or stencilled capacity of
the tanks in which the shipments were
made, would have been about 10000 gal
Ions less 1t was alleged in the Indictment
that the bills of lading had been made
out for the railroads for the stamped ca
pacity of the tanks and their statements
TO Berry Bros, the consignees, for the
amount of the real capacity. The charge
made in the indictments was that the
IdlFoaus nau Deen defrauded OF their
freights on this difference, 10000 gallons.
When the case was called yesterday
morning, Mr.. Shotter entered the court
room, accompanied by his counsel, Hon.
Walter G. Charlton and Hon, f. G.. du-
Bignon. Mr.. Erwin stated that he had
prepared an order consolida ting the three
indictments that had been returned
against Messrs. Shooter, Myers. DeLoach
and l. Engle and that Mr.. Shotter, through
his counsel, had entered a plea of guilty.
To question of the court as to whetn-
er .or not he desired to say anything on
behalf of his client. Mr. Charlton replied
that he did. He said that while counsel
had come to the conclusion, after going
over the evidence in the case carefully
that they could demonstrate that there
had been a total absence of criminal in
tent, they nevertheless thought that the
acts complained of constituted a technical
violation Of the law. For this reason.
rather than TO go to the trouble and ex-
pense of trial, they had decided to en-
ter a plea.
Mr.. Charlton gave to the court the posi-
ton of the defendant Turpentine had
been billed by the Shotter Company at 81
pounds to the gallon. This, Mr. Charlton
stated, is the custom all over the cour-
try as 20 petroleum products of the like
character The petroleum is said to be
a heavier oil than turpentlne, but the rail-
roads had nevertheless consented to per-
init II to be billed at the rate of ga pounds
TO the gallon. One road had refused to
bill turPentine al the same estimated
weight. For this reason and to meet the
competition that was forced upon him by
this condition, Mr.. Shooter had his tanks
marked TO contain 5000 gallons, instead of
b,5n gallons. Mr. Charlton contended there
could be no criminality in the matter
although there might be a technical VIC
lation of the law
Mr.. duBignon supplemented Mr.. Charl-
TONS statement with brief reference to
the entire openness with which Mr. Shot
ter had conducted his correspondence with
the manufacturers of the tanks. Like Mr.
charlton, Mr.. duBignon deduced from this
and other facts in the case the conclusion
that there could be no criminal intent
District Attorney Erwin stated in reply
that he could not sit silent while counsel
argued that the case was a trivial one
or that the violation of the law was only
technical
Mr.. Shotter," said ohe district attor-
ney was engaged in the turpentine bus
mess here, and had quite number of
tank cars built ten in the first lot and
afterwards another ten with ca
pacity for carrying from 5000 10
1000 gallons of turpentine at a time from
the turpentne markets here TO the North
tie had these tank cars butt al a factory
North, ana he was furnished by the fac
'ViS' at ms request, with the capacity of
the cars, the capacity of each being large
~ IN excess Of 5000 gallons, ana able 10
holdiy largely in excess of 1900 pounds
weight of 1urpentne, and he wrote with
knowledge Of this fact 20 these nlauufac-
turers and had them mark the capacity al
5000 gallons on The tank, and the core
spondence shows that this was knowingly
done Mr.. Shooters letters show that ne
claimed from the cons.gnees payment at
the full capacity of the cars, and stated
that he had measured them by water
guage, verified by weighing barrels ard
confirmed by guage RODS and that his
company made special point in testing
the capacity and that the capacity was
over 1900 pounds. while the railroads
were receiving them at 1900 pounds
Nevertheless" concluded the district
attorney. Il think that Whatever penalty
the court enforces should be enforced up-
on the president Of the company Mr. Shot
ter, rather than the minor employees of
that company and il is my purpose to
leave the matter 20 the court With the IDEA
thar the hrf,apI in