Omaha daily bee., 1905-06-29
TESTIMONY IN GRAIN CASE
Refuse to Answer Regarding Pool Fearing
to Inoriminate Themselves
NO TROUBLE WHEN THE FORFEIT IS UP
one Man Asked to Close His Elevator
for n Time on the Plea that
He was Getting More Than
His share of the Grain.

gram.)-The taking of dispositions in the
case of Thomas Worrall ct al. against
the Nebraska Grain Dealers association
continued all day and will probably last
over and be completed tomorrow. William
Elmelund OF Valparaiso refused to answer
the question of whether there was a PEN
atty pool in force at Valparaiso among the
elevator men, on the ground that he would
incriminate himself.
Otto Peters, an elevator owner at Yutan,
also refused to answer on the ground that
he would incriminate himself Formerly
the witness conducted a scoop shovel house
at Yutan. and during that time the ele-
vators were fighting him. Since June, 1904,
he has not been operating a scoop shovel
house. He purchased the elevator about
two years ago from the Omaha Elevator
company which company owned two at
that place. When asked II the witness had
been approached by the Omaha Elevator
company or its agents to form a pool in
prices at Yutan or TO make division of
grain at that point eighteen months ago,
the witness refused to answer on the
ground that he would incriminate himself.
That there has been no fight there this
year; that he had followed the card prices
practically, but didn't know who fixes the
card prices. While he was operating a
scoop shovel house he had trouble in get
ting cars from the Union Pacific, upon
whose line his elevator is located, but
since quitting that business is usually able
to get cars as ordered While he was ope-
rating the SCOOP shovel house it was un-
usual for him to get cars as ordered. After
witness ceased to be an independent or
scoop shovel house he was not harrassed
so much and profits were better. Witness
a hap nj nd wa told
in substance that if he did not quit the
scoop shovel business they would freeze
him out and put In another bank.
Put Up q Forfeit.
Nels A. Tuverson testified that he is man
ager for the Weston Farmers Elevator
company of Weston, Neb., that David
Bowen attended the meeting at Wahoo OF
February, 1901, in behalf of his company
and put up a check for 800 for a forfeit
of his company to maintain prices agreed
upon and carry out the agreement. Witness
returned the check the next day to Bowen
and witness got his check back when the
trouble commenced by Mr.. Cone buying
grain for himself. Prices were strictly
maintained as long as the check was in
the hands of Mr., Bewsher. Before the
trouble started the Omaha Elevator COM
pany asked witness to close his elevator,
as he had and was buying too much grain,
which witness refused to do. 1t was along
in November or December that this re-
quest to close was made and the fight
started in January. The agent of the Bur-
iington came to witness and asked what
the trouble was and If the difficulty could
not be settled in some way. Witness on
being asked If there was a division OF
grain refused to answer on the ground that
he would incriminate himself. Until last
January there had been no trouble until
they wanted witness to close his elevator.
There are about 100 farmer stockholders in
this elevator .
r. K johnson OF Valparaiso not at pres
ent in the grain business, sold out to Eg-
gleston He stated there was written
agreement between the three elevators at
Valparaiso to maintain prices and divide
receipts OF grain in the proportion of 31s
per cent to r. X. Johnson & Co., 30 per
cent to the Nebraska Elevator company
and 321h per cent to the Omaha Elevator
oompany That agreement run for one year
AT the end of any time that might be
agreed upon the grain should be figured
up and the amount that one had bought
more than the other should be paid Tor
at the rate of cents bushel for corn
and oats and cents a bushel for wheat
He nut M a check of 800 with A. B.
Jacouith who to turn 1t over tc the
SECRETARY of the Nebraska Grain Dealers
association. Mr. Bewsher, They were coun-
seIled not to deal with any but regulars.
Bulletins were received frequently declar-
ing certain dealers in Chicago, Kansas
City and st. Louis regular.
Cross-Examine Cone.
| Tn his cross-examination by Mr.. Smith
| Tuesday afternoon Trenmore Cone, the
| independent grain dealer of Wahoo, told of
his dealings with Omaha grain men.
He said that since January he had sold
| grain to G. c. Thompson Co., the Wor-
| rail- Grain company and one car to j. F.
Twamley & Son. Thompson & Co. and
Worran & Co. have bid regularly, but
| Twamley had bid only occasionally in the
! last two or three months, his last bid hav-
ing been made within the last few days,
| His bids and Mr.. Nye jerks one bid were
! the only bids received since January l.,
1906 from any member of the Nebraska
| Grain Dealers association. Mr.. Cone said
| he sent one car of corn to Twamley & Son
| within the last four weeks. He said that
the worraIl Grain company had frequently
| refused to take grain at the prevailing
prices on the ground that they had no out
let Mr. Cone based his prices on the mar
ket information received in the daily
papers. Twamley's bids generally on corn,
were sometimes more and sometimes less
than the others. worrall's and Thompson S
bids were generally equal to the others
when they were able TO bid.
Mr.. Smith asked Mr.. Cone II he had not