Omaha daily bee., 1905-09-22
Obtained by Presenting False
Claims iOr Damages
AWUtl WE'LL ASSESSED TEN THOUSAND
B, 8, CuIey, Vance 3, skipwOrth and Q. E
Todd to Pay $1,000 Each.
SENTENCE RESULT or COMPROMISE
We'll ia sunerinE with Nervous PrOs-
trRtion and said TO he Unable
Physically 10 serve Jail
Sentence.

CHICAGO, Sept E.-Four oficials Of the
schwarzschild q sulzberger Packing com
pany Of Chicago were fined an aggregate
OF SIS 600 by Judge Humphrey in the United
States district court here today. The fines
followed plea OF guilty 20 indictments
charging conspiracy TO accept railroad re-
bates The defendants were Samuel We'll
Of New York, vice president Of the COM
pany; B. s. Cusey, traffic manager, Vance
D. skipworth and Chess z. Todd, assistant
traffic managers.
Mr Wen was hned $4,000, the other
three $500 each.
We'll n Nervous wreck.
With the entering OF the plea the dec
laration was made that unless AT least one
OF the cases il Immediately settled the life
OF Samuel We'll who il vice president Of
the company and is one OF the defendants.
is in jeopardy He is said 70 be a nervous
wreck and fears were entertained for his
life II he had been allowed TO continue un-
der the strain OF trial. The plea
was entered, II is declared, after a COM
plete understanding had been reached be-
tween counsel for the defendants and At
torney General william H. Moody. While
in Chicago the attorney general was ap-
prised Of the condition OF Vice President
Wen. and II is said agreed to the entry OF
Il pleh OF EulllNs VIII Aut unOefbIhnulnk
that the jail provision OF the law under
which the indictment was returned should
be waivod and merely fine imposed The
same concession was made in the case Of
the other three defendants.
The four defendants were charged with
unlawfully combining and agreeing 10 so
licit rebates for the schwarzschild sulz-
berger company from the Michigan Central
Railroad company. the Chicago, Rock
Island & Pacific the Grand Trunk Western
railroad. the Lehigh Valley Railroad COM
pany. the Boston s. Maine Railroad SOM
pany and the Mobile g. Ohio Railroad COM
pany.
/ Charges were made that the defendants
conspired with each other in presenting
supposed claims for damages which were In
reality claims for rebates
Z The plea made today does not IN any way
! affect the charge OF interference with gov
t e~nrnent witnesses rnade in a previous in
dictment returned against Cusey and other
/ Schwarzschild g. sulzberger men. They
were accompanied by Attorney weissenbach
and Attorneys l. NJ. Boyeson and J. ].
! Herrick.
Fines Imm edinteIy Paid.
The fines carried with them a provision
that the defendants be confined in jail until
the fines were paid The fines. however
were paid Immediately, Mr.. MAX bulBberEer
giving his check for the total amount
$4,000 The check after having been duly
[ certified. was accepted as payment OF the
fines and the defendants then left the
I courtroom.
! District Attorney Morrison, discussing
the case after adjournment of court said
Il am perfectly satisfied with the matter
| as II stands. The defendants came into
court. pleaded guilty and the court showed
leniency in his sentence The fine is heavy,
but the Imprisonment provision is there,
the most important part Of the law. ! think
IL is a very fair consideration OF the matter.
II was proven conclusively by the govern
uent that after the issuance of the injunc-
tion by Judge Grosscup, the schwarEchild
& sulzberger Co.. withdrew from the com
bination They were independent, but in
order 10 carry on their business IN 20 siren
uous a competition against the other pack
ers II seems Il was necessary for them 10
accept rebates The results today only GO
to show that the government has now
lodged an opening wedge into the question
OF rebates We have found a way 70 pro-
ceed and II seems the proper one. II seems
10 me that the government Is in a fair way
of breaking up the entire rebate evil In this
country.
From the hooks Of the government II i'
shown that 10 collect evidence against the
four defendants and bring about their In
dictment the government spent $4,000. The
] cases against Armour & Co and otherI
were continued until next Wednesday.