Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-10-11
GETS EVIDENCE GIVEN BY JOHN
D. ROCKEFELLER BEFORE
THE JURY
FIGHT TO KEEP 1T OUT
Was Taken in 1898 Before the su-
preme Court Of ohIo-Judge Banker
Admits it For Purpose Of Enlishten-
Ing Jury on Previous Conditions.

Findlay, o., Oct. 1o.-After sharp
legal argument Of an hour and half
today the testimony given by John D.
Rockefeller in 1898 before the supreme
court of the state was admitted as evil
dence in the trial here of the Standard
Oil company of Ohio, charged with con-
spiracy against trade.
In admitting the evidence. which H.
Illuminated the methods of the Standard
at that time, Judge Banker said 1t was
simply to enlighten the Jury as to the
conditions prior to the period covered
In the present suit and not to prove
any act during the past three years
covered by the suit.
Documentary Evidence.
1t is the intention of the prosecution
to occupy the entire time today in the
submission of documentary evidence
This evidence consists Of pleadings
and testimony in two suits against the
Standard Oil trust before the supreme
court of the state In 1892 and 1897. The
prosecution does not expect to put any
witnesses on the stand before tomor-
row.
The penalty prescribed for violation
OF the Valentine antitrust law, under
which the suit started today was
brought, is a fine of from $50 to 5000,
or from six to twelve months impris-
onment John d. Rockefeller was
made a defendant in the suit In the orr
ginal mandate, but was granted a se-
parate trial. the date Of which will de-
pend on the outcome Of the present
proceedings. Mr.. Rockefeller will not
be witness in the case in order to
obviaIe The possibility Of immunization.
The Buckeye Pipe Line company and
the Manhattan Oil company state cor
porations and alleged children of the
trust. also were defendants In the orr
ginal suit but were granted separate
trials.
Jury of Farmers Trying Trust.
The guilt Of innocence of the richest
corporation in the world will be decid-
ed by jury of oilers who burn the oil
supplied by the crust and pay the price
1t controls. Nine of the jpury are farm
ers, one is an independent all man,
one an implement dealer, and one a
real estate dealer.
The judge who presides over the
trial is G. C. Banker. County Prosecu-
tor w. L. David and local attorney,
George F. Phelps, are at the helm of
the prosecution. Opposed to them the
company has placed some of the keen
est with and strongest legal argument
in the persons of F. M. Elliott, New
York; Virgil P. Kline of Cleveland, and
James o. Troup Of Bowling Green, o.
Lawyer Laughs.
It was shown before the first days
work was done that the trust lawyers
are disposed to treat fippantly the
legal talent of the soil opposed to
them. Attorney Kline gave this little
fact away when he chose laugh to
the stolid jury at the paintaking effort
Z of Prosecutor Davis who represented
the states case, in which he epitom-
lied the history of the oil trust. The
jury was too deeply engaged in its own
menial exercise to join even with a
smile in Attorney Kline's effort.
Just what the state expects to prove
was covered in detail in long ad.
dress by Prosecutor Davis as soon as
& the jury had been selected and the
court convened