The Montgomery advertiser., 1906-10-17
STANDARD OIL
 GOES TO JURY Will Decide the Ohio Case Today. ME1Hc> OF OIL TRUST E.s nee All In and Argument in f. Progress. State Inspector Testified % Fer Cent of Fees of "lndependent" Com-
 pany Were Paid By
 Standard.

Findlay. O.. Oct 16.-That the case
 of the Standard oil Company. on trial for conspiracy against trade. will be in the hands of the jury tomorrow. Is
 confidently predicted tonight by attor- neSs for both stdes.
 The evidence is all in and arguments progressed for four hours today. The jury has yet to hear Attorney Kline for for the State by Attorney General Ellis. Prosecutor David began his ar gument at 10 o'clock this morning af- ter two witnesses had testified for the state and the state had closed its case with the submission of evidence of a single document, the decision of the Supreme Court of the state declaring
 the defendant company mot guilty" in
 the contempt proceedings of 1900. Mr. Phelps followed MT. David for
 the prosecution and MT. Troup occu-
 pied the balance of tho day until after o'clock in making the opening argu- ment for the defense.
 The prosecution told the jury that there never had been an actual cessa-
 tion of the Standard oil trust of 1882
 as shown by the evidence, although the
 form of the organization had been
 changed. The defense made it's main QOIHl thdL WhllC tuO ONoCASo cho w SN all the so-called subsidiary companies
 to be owned by the Standard oil Com pany of New Jersey. not one syllable of evidence had been adduced to show that the defendant company was so owned.
 Inspector Finley Testifles. w. l.. Finley, state inspector of oil. was the first witness today in the trial. Attorney General Ellis of Ohio was xHA &~Ia L or,tv tna ! absent yesterday. MT. Finley was
 questioned by Mir. Harrison. of the at
 torney generals office.
 Mr. Finley described the location and number of his deputies and method of
 inspection. The fees for Inspection at
 Cleveland. he said, were paid by the
 Standard Oil Company of Ohio At
 Lima, the Solar Refining Company has refinery. Ninety DOT cent of the | paid by the Standard oil Company. the Solar paying a very small or one per l cent of the fees at Lima
 Mir Finley said one-half of the oil | refined in Ohio was refined at Lima; that this oil Is shipped in the cars of the Union Tank Line Company. The questions and answers were all put in
 over the protest of the defense. The Standard of Ohio. he said, had l from 18O to 200 tank stations for the distribution and sale of refined oil. while the Solar had no such stations. MT. Finley was not cross examined. M c. Shaffer. deputy local oil in-
 spector at Findlay. who testified last
 week, was recalled. He said tht Stand- cock County, and no other company
 sold 1t here except the National Re-
 fning Company
 With this evidence. the State rested
 it's case.
 Mr. Kline for the defense. then put in the first evidence for the defense. He first filed as evidence, certified copy
 of the journal entry the Judgment of
 the court in the case of the State Of
 Ohio versus the Standard oil Company.
 known as the contempt proceedings. Row Over Journal Entry. Attorney General Ellis made no ob' pection to this evidence. saying that the State in this case had put In the responses of MT. Rockefeller to the in.
 terrogatories in that case. which rep
 resented the Standards case. The state had also filed the issues and re-
 niles. MT. Kline held that to make
 that record complete 1t was necessary | to put in the conclusion of the court
 which he said. dismissed the case at
 the expense of the State. "I think" said MT. Kline. Tt comes
 with mighty poor grace for an officer of this State to object to the introduc- tion of the journal entry of the Supreme Court of the State"
 Mir. Ellis replied by saying that this
 ertry had nothing to do with this case. The court admitted the evidence. Mr. Kline read this record and then an nounced defendant rests
 Now let the oratory begin," remark ed MT. Phelps. In a five-minute recess it was ar ranged that five speeches would be
 made to the jury, three by the States attorneys and two by the defense. Prosecutor David was to open for the