The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-10-10

Findlay, Ohio, Oct. 10.-After al
sharp legal argument Of an hour and
q half today, the testimony given by
John D. Rockefeller in 1898 before the
supreme court of the state was sd,
mitted as evidence in the trial here
of the Standard Oil company Of Ohio,
charged with conspiracy against trade.
y In admitting the evidence which
dard at that time, Judge Banker said
it was simply to enlighfen the jury as
to conditions prior to the period COW
cred In the present suit, and not to
prove any act during the past three
years covered by the suit.
III Essence Of the Case.
Before this ruling was arrived at
Attorneys Kline, Troupe and Tolls for,
the defense had all made arguments
against admitting, the testimony. At.
torney General Ellis became active for
the principal argument for the prose-.
cution favoring the admission OF the
evidence. The reading is expected to
consume the balance Of the day.
.l..5 Rockefeller as Trusts Head.
Mr.. Phels FOR the rosecution main
tanned that this evidence by Mr.. Rookie
Teller was highly material, in fact the
very essence Of the case on trial.
In objecting Mr.. Kline said he would
not concede even the authenticity Of
the statement.
Mr.. Phels retorted that, Mr.. Rockefel,
Ter was then as now president Of the
defendant company and what he then
said the trust had done, and Eve can
prove he said 1t, is competent evil
dence.''
"Mr. Rockefeller has not been shown
to be, and, in fact, is not, president Of
this defendant company, asserted At
torney Troupe for the defense. tThe
| statements he then made were years
before this cause Of action. The things
charged in this suit are things done
| in Hancock county since 1903. How
can such statements be competent evil
dence9', s S5sssSSs5s !, SO
Corporation Has 30 Facet
In reply, Nj. Phelps declared that
In the economy Of the defendant com.
faced. ssA scorporation has no face ex:
I:cept a false face,O he said, It is
q. mantle; that covers the individuals in
It, so that the head Of the company,
when he speaks, speaks for the cor.
operation itself.o ezE tn ,,ssss 81
Reiterating that the evidence was not
aatheatieatsa n proper Tay TO- s be a.
with the second objection that the pres
!ident: of no corporation could by his
|utterancesy bind the corporation. II
the proposed procedure prevailed, : be
Esaid, the depsitian. of any officer OF
Eany corporation might be taken, Ger
titled and admitted as evidence in {
i criminal proceeding.
=. Y 10 show Trusts Birth.
| Judge Banker interrupted to remarl
that the evidence was only offered t
i that time, which, Of course, would no
convict the defendant within the tim
Of the present charge, but simply t,
show that such q trust was formed. .
Il tIt Is no excuse for evidence that
| | will do no harm, replied Mr.. Kline,
& uWould not the admission Of tn
president Of the corporation be conclu
!! sive as to the manner Of it's doing bust
! nessq :queried Judge Banker.
81 No, sir; not at ALL" retorted Kline
/ Judge Banker further stated that tn
Eevidence was not offered to show eithe
1.-THE guilt or. innocence Of the defend
!; Liant.
I'll: Mr.. Tolls Of the defense replied t.
Z this that If It was not for that purpos
Tilt was surely incompetent evidence
q Mr., Tolls maintained that the state b
! law was absolutely barred from takin
ii6 deposition in a criminal case, henc
It was travesty to endeavor. to admi
as evidence q deposition taken in ar
ELLIS Takes Hand.
sIt Attorney General Ellis said he coul
s not do his duty to The state If he di
g not give his judgment in the case.
"Clearly, in my opinion, this ev
He further maintained that In givln
the testimony in question Mr.. RNekt
Teller was acting for the corporation
and that If he could not and did not s
act ther would be no way whatever 9
\ proving any acts Of q corporation,
Judge Banker admitted the test
mony as competents His ruling cam
hour and half.
eff the answers of Mr.. Rockefe
Ter, - he said, blended TO. prove any &C
] within the three years covered By TIL
suit, the objections might be valid, ,bu
it Is simply desired to show the acts Q
the corporation prior to thattime. =
q An application Of Mr.. Kline to- "tak
q smoke'' resulted In brief recess q