The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-10-16
ON TRIAL FOR CONSPIRACY
Evidence i'm the Case Against the
Standard Oil Company-Long Ar
gument as to Admissibility of Ger.
tain Testimony.

oLtIiudEu VII ar
gument as to Admissibility of Ger
tain Testimony.
Ffndlay, Ohio. October 11.-Evi-
dence was brought out by the state
today in the trial Of the Standard Oil
Company Of Ohio for conspiracy
against trade, showing the ownership
Of the Manhattan Oil Company. OF
Ohio, to be in the General Industrial
Development. limited, Of London, Eng
land. Also that the Manhattan. which
buys and DiDes crude oil, does not
compete with the Standard, but does
compete with Independent companies.
These facts were brought out in The
testimony OF f. T. Cuthbera, presi-
dent Of the Manhattan. A similar
criminal suit to that on trial is pe.d-
ing against his company, and he testi-
fed under the order Of the court which
renders him immune from future
criminal prosecution. This course
was taken at the suggestion of the
prosecution, upon the appeal OF Mr..
Cuthbert to he court for protection.
The witness bad been ordered 10
bring the books of his company show
ing the recOrd of stockholders meet
ings. The books were produced. The
record of the last annual meeting
showed that Mr.. Cuthbert had been
elected president by voting under
power Of attorney. 1895 shares of
stock owned by the English holding
company; that this comprised the en-
tire CtNPE Of tho cnnononv with -hA
exception of five shares, of which one
each is held by the president and four
directors Of the company who are all
residents of Lima, Ohio, the home Of
the company. Mr.. Cuthtert said he
had beer president since 1893, and
that he held the same power of attor-
ney since that time. He knew moth
ing about the English company, hal
never seen any one connected with it,
but had corresDonded with J W. r.
Francis. it's secretary, and WV. John
ston, its managing director, whose
addresses were London. He RENTS
money to them. Mr.. Cuthbert said he
had been connected with the company
about eight years, and prior to his
election as president had hem its con-
troller. Previous to this he had been
an expert accountant for the National
Transit Company, a pipe line ON
pany.
Explaining the nature Of the bust
ness done by the Manhattan in answer
to questions, Mr.. Cuthbert said that
before he became it's president the
company did a general Gil business,
that it owned producing properties,
pipe lines and a refinery at Galat 4,
Ohio. It had disposed of ali but its
pipe line to the Ohio Oil company. but
that he did not know who was now
operating the refinery at Galatea. The
Manhattan Company now does exclu-
sively a pipe line business.
1t buys the Oil of the producers,
transports it to storage stations, and
sells it to S. P. Trainer, purchasing
agent for the Standard, who also buys
oil from Jos. Seep, treasurer of the
Buckeye Pipe Line Company. In what
is known as the south Lima field,
where the Manhattan and Buckeye
lines both buy oil, the price paid to
the producer is five cents a barrel less
than the north Lima. field, where what
are regarded as the independent ON
panies make their purchases.
Asked to explain why this a. Mr..
+ Cuthbert said:
"To protect our pipe lines from the
| encroachment of competitors.
The witness was nOt cross examined
by the defense.
The day began with an extended ar
| gument by counsel as to the admissa-
bility as evidence of documents certi-
fed to by the state of New Jersey
showing the corporate powers of the
Standard Oil Company of that state,
and the seven annual reports since
those powers were increased. The
court ruled the evidence in this ar
gument admissible and the reading of
these reports consumed the greater
part Of the day. Just before Mr.. Cuth-
bert was put On the stand, the state
had Frank G. Shank, deputy county
auditor Of Hancock county sworn. He
! identified several tax certificates On
file in the auditors Office, showing that
| Theodore M. Tolles, of rs Broadway,
New York, was tax agent for the
Standard Oil Company, or Ohio, the
Buckeye Pipe Line and the Ohio Oil
Company.
This testimony was objected to by
attorneys for the defense, but was ad-
mitted by the court.
Miss Margaret Ashe went to Ra-