New-York tribune., 1902-06-29
NO CONSPIRACY EVIDENCE.
ACTING DISTRICT ATTORNEY RAND CAN
NOT PROCEED IN TOBACCO CASE.

| Acting District Attorney Rand yesterday sent a
| letter to w Bourke Cochran, who last "seA M iAIu
| with the District Attorney a complaint asails.
the directors Of the Consolidated Tobacco ooihpr'
| ha.ed ON . coIIoouy which took place between De-
Lancey Nicoll counsel the Consolidated iooaoeo
| Company, and papers in the actions orous~s ~
| two stockholders of the American iooae 80.
| nsnv against Thomas F. Ryan James B. Duke
| and others Mr. Cochran declared that II INC ao-
| missions made were true there was eViaehos " r.
| criminal conspiracy In his letter Mr. rama "sAs
the eo-opera ton of Mr. Cochran. 1t reads III pAi'
| follows:
I have carefully considered the , ANNA tn supnort
of orders obtained for the examination Of
B Duke and pdr Thomas naip Fl m the cases Of George
Butler ast. James B. Duke ct al al. ana 1oasthsr with
Hss sa Of
ments OF DeLancey Nieoll OF COZ counsel nTdsr r9f
appears that s9ss ses1. esr
claim to have been msed soe in.s Of the American
! Tobacco Company for per cent oohos sn,racv 9i
CO s6a psTa Of he ndvdaa
whom directors of the American LooaGfo hs COM
| solideted Tobacco Company as we'll TO @ Gonceaa q
them the rea na and mat R psppo Of his
tenton Messrs. Duke and Ryan should not pc COM I'M
ppaint,ff pr to frame complaints actions begun by
them the defendant counsel argued tsat lio sueh
liz Of ehe Penal Code and that therefare the
Wers pe rot to be
Witnesses against themselves.
Sc true and by this mean o f9e5s Rafea
that the acts charged against the defendants are
eospracH 'G and attach ia hue no mportaneo to
Nicolls argument to the contrary made IN SUPPORT n
upon the moving papers Certainly suca an 2rgp, gu
facts Charged for any purpose. If in this opinion
you and shall be oveFTued BY Mr. JHSfs GidTse rssg
and if you will then lay an information before
and supply for this oce e the ab
Conspiracy, or inform me where such proof can be
render You every possible assstance in the
cution of the charge
Subsequently Mr.. Cochran made public the follow
ing letter. dated yesterday, to Mr.. Rand:
Your letter dated June 27, which has just been
received indicates some slight nisapprehension OF
my object in Bringing certain proceedings against
nS attsntoa of s the Asornsy
IN Gour n the oon e
ders for the examination cf Ryan and Duke. lis not
for any In this
extract from Ar: Nicolls argument was submitted
clients were guilty. but TO show that. according 70
the plantfrs moving papers il true. amounted to
a. g crime m MI under Section l6S Of the Penal Code
my letter to you-what now repeat-that these
proved by documentary evidence the production OF
which the prosecuting officers have the power to
under Certain eircums m }snces -S an 'ia as
SIS 20 Teoer me every possible assistance In
the less decline II. AS a citizen I willing to aid
the prosecuting authorities In the discharge Of their
difficult duties: there is no assistance aid that
desire from them
Delaney Nicoll. OF the firm OF Nlcoll. Anabe &
Lindsay. who represent Messrs Duke and Ryan in
the suits. was not at his office yesterday. having
gone 20 Southampton. Cornelius Sullivan OF Mr.
NicoIIs otfce however. said that the letter to
Mr COCHRAN was nothing more than notification
that he would have proceed like any other COM
platnant in the case in question.
-, Ihis letter, said Mr.. Sullivan, states plainly
that on the information before hinthat is cutting
out hearsay matter-there is nothing upon which
criminal proceedings might be based. Mr. Rand
simply says tina, If the proper kind OF evidence is
Ialo before him he will begin proceedings" I