The Indianapolis journal., 1903-03-11
Eight of the Accused in Court and
Nine Defendant Corporations Rep
resented by Counsel.
MR.. EICHBERG's TESTIMONY
OPERATORS CHARGED WITH HAv-
ING AN IRONCLAD AGREEMENT.
Output Of Indiana Mines Pooled and
Given tn the Crescent Company
to Distribute.

CHICAGO. March 10.-With the opening
words of Assistant States Attorney Barnes,
telling the jury in Judge Chetlain's court
to-day that the penalty for an illegal act
injurious to trade is five years in the peni-
tentiary or fine not less than 5000, the
trial of the coal conspiracy case began. The
eight men accused of conspiracy, with the
exception of John Shirkie, who was ill,
were in, court, and the nine defendant cor
porations were represented by attorneys.
Assistant States Attorney Barnes spoke
about half an hour. He told the jury that
he would not discuss the law points, but
would make a general statement of fact as
it was understood by the representatives Of
the people. There are sixteen counts un-
der these indictments" he said, "and con-
viction on one of them means a verdict of
guilty. These defendant mining corpora
tions were known through their officers
operators; the defendant selling corpora
tlonS were known as distributors. All or
the corporations save one, of which w. s.
Boyle is president, have mines in Indiana.
Once month each sent a representative
to Chicago, and here the price of coal was
fixed. The entire output was sent to Boyle,
and he received 5 cents ton commission
for selling 1t. 1t makes no difference, gen.
tlemen. whether or not the price was rea-
sonable. 1t needs only TO be shown that the
combination was injurious to trade. We
Will show by witnesses that 1t was so. and
that the men who refused TO go into the
combination, or who withdrew from IL after
they found out it's nature, were made to
suffer loss of business by illegal methods,
which were the result of a conspiracy"
Ex-Judge r. M. Wing. in behalf of the
defendants, represented Mr.. Boyle as the
stanch friend of union labor, and then
turned his attention to the Shrkie brothers.
He had spoken of the Irish descent of Mr.
pDrla
with reference to the Shirkies, whom he
described as of Scotch origin. He gave the
ancestry of every defendant. He declared
there had been no combination in restraint
of trade, and that his clients mined but
one-tenth of the coal mined in Indiana. He
contended that part of the agreement upon
which 1t is proposed to show conspiracy
was simply to prevent the shutting down of
the mines at certain periods and the throw
ing of labor out of employment He spoke
upon the interstate aspect Of the case, and
then the State called its first witness.
Max Eichberg, president of the Wabash
Valley Coal Company, was one of the sign
ers of the agreement drawn by the defend
ants. He was followed by N. c. Birkland.
c. w. Gilmore and Jacob Miller of the
Crescent Coal Company. and F. E. Martin.
formerly connected with the Wabash VAL
ley Coal Company
According to the testimony of Mr.. Eich-
berg, an ironclad combination existed be-
tween the Indiana coal operators and the
Crescent Company, by which all coal mined
in Indiana mines was to be sold only
through the Crescent Company, while
monthly conferences on the situation were
held in the Crescent Company's office. Mr..
Eichberg first identified the ''round robin
agreement which, he said, was originally
entered into between the Indiana operators
and the Crescent Company. He further
identified the signatures to this agreement
and said that they were made in President
Bogle's office. The matter of pooling the
output of Indiana mines and distributing
them through the Crescent Company, he
said, was made known to him year ago
at a convention of miners and operators
held at Terre Haute. There he said the
proposition was made to him by C.. w.
Gilmore, son-in-law of President Boyle and
vice president of the Crescent Company.
Mr.. Eichberg testified that he had worked
under this agreement. until he disposed OF
one of his mines last November. All coal.
he said was shipped according to the in
structions of the Crescent Company. He
was not allowed to make any contracts
with outside parties. All payments were
made through the Crescent Company, and
the operators met once a month in Presi-
dent Bogle's Office to discuss the situa ton
At the first of these meetings the price OF
mine run coal, the witness testified, was
raised from S5c ton to 90c.
Late in the evening Mr.. Eichberg con-
cluded his evidence, and the State an
nounced that it's case was closed. The de.
fense will be equally brief, and 1t is ex-
pected that the case will be given to the
jury by tomorrow night. Practically the
whole fight is on the validity of the agree
ment between the operators, and whether
or not it was in restraint of competition.