The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-10-11
Statement Made by John D.
Rockefeller Admitted in
Evidence by Court.
"CORP0RATI0N HAS ONLY
FALSE FACE" IS SAID
Attorneys for Defense Make
Hard Fight Against Admis-
sion of Evidence.

FlNDLAI, O., Oct. 10.-After
sharp legal argument of an hour and
a half today the testimony given by
John d. Rockefeller in 1898 before the
Lea as evidence in the trial here of the
standard Oil company OF Ohio, charged
with conspiracy against trade.
In admitting the evidence which il.
Illuminated the method of the Standard
at that time, Judge Banker said it was
SIMPLY TO enllghten the jury as TO con
dltons prior to the period covered in
The present suit and not TO prove any
act during the past three years COW
cred by the suit.
Before this ruling was arrived at
Attorneys Kline, Troup and Tolls for
the defense. had all made arguments
against admitting the testimony. At
torney'General Ellis became active for
tne hrst time III the case by making
the. principal argument for the prose
rutlon favorIng the admission of evi-
dence.
Much Evidence Is Ready.
1t is the intention of the prose
eutlon IN the trial here of the
Standard oil company of Ohio, for
conspiracy against trade, to occupy
/ the entire time today in the
submission Of documentary evidence.
inns evidence consists of the pleadings
ana testimony in the two suits against
the Standard Oil trust before the Su-
preme court of the State in 1892 and
1897, part of which was read to the
| jury yesterday.
The prosecution does not expect to
put any witnesses on the stand before
| tomorrow.
Before the jury was brought into
| court today, attorneys for the prosecu"
! tion and defense held a preliminary ar
! gument touching the competency of ad
mitting the testimony of Mr.. Rockefcl
Ter gwen in the previous trial.
a corporation has no face except q
| false face. II is mantle that covers
the individuals in, it. so that, the head
of the company, when he speaks, speaks
for the corporation ITSELF Mr..
| Phelps declared.
| Mr.. Kline objected that the. presl"
! dent Of no corporation could, by his
! utterances, bind a corporation.
Formation Of Trust,
Judge Banker interrupted TO remark
| that the evidence was only offered to
show the manner Of doing business at
| that time, which. Of course, would not
| convict the defendant within the time
of the present charge, but simply to
show that such a trust was formed.
cit is no excuse for evidence that it
| will do no harm, - replied Mr.. Kline.
''Would not tho administration of
the president of the corporation be con
elusive as to the manner of its doing
business?" queried Judge Banker.
Mr., Kline No, sir, not at all. "
Judge Banker further stated that the
evidence was not offered TO show either
the guilt or innocence of the defend,
| ant.
Mr., Tolls. for the defense, replied TO
| this that if it was not for that pur-
! pose it was surely incompetent evil
! dence. Mr.. Tolls maintained that the
State by law was absolutely barred
from taking deposition in criminal
case, hence it was a travesty to en-
/ deavor 10 admit a deposition taken IN
another case.
Argues for Admission.
Acknowledgement Ellis said he could
not do his duty TO the State If he did
not give his Judgment in the case,
dence is admissible he said. He fur
ther maintained that in giving the tes'
timouy in question Mr.. Rockefeller
was acting for the corporation and that
if he could not and did not so act there
would be no way whatever OF proving
any acts of a corporation.
Judge Banker admitted the testl'
mony as competent. His ruling came
at the conclusion Of an argument of an
| noun anu IL nan
of the answers Of Mr. Roekefel
ler.'' ne said ''tend to prove any act
within the three years covered by this
suit, the objections might be valid, but
it is simply desired to show the acts OF
the corporation prior TO that time.
An application of Mr.. Kline tc
"take a smoke resulted in brief re
cess OF court at 10:30.
The final wrangle Of the day lasted
until adjournment. II resulted when
f! Mr. Phelps offered as evidence a certi
fed copy of the record in the Office OF
the Secretary of State Of New, jersey
showing that in 1898 the Standard On
company OF that State changed its cor
porate existence by increasing the mum
ber Of its directors from three TO nine
Ii was argued by the defense that this
certificate was unauthenticated ana IN
complete.
Judge Banker reserved his ruling on
this point until tomorrow.
The objection of the defense. to the
character of evidence brought forward
was mainly on the ground that thC
prosecution was going entirely outside
Of the case set forth in the informa tor
fled bv County Prosecutor David BE
.sides this, the authenticity Of the evi
dence in all cases was questioned.
nEnGnNlI 3IEATInl