New-York tribune., 1906-10-18
STANDARDCASE TO JURY
FIGHT OYER TELEGRAM.
attorney General AppIauded as He
HITS at VirgI p. Kline.


Findlay. Ohio, Oct. 1.-THE Standard OIL case
went to the jury at $50 o'clock tonight A lively
tilt between Mr. Kline and Attorney General Ellis
created the first sensation in the trial. resulting in
applause from the spectators for the Attorney Gen.
eral and a severe warning by the court VINO
threatened to clear the courtroom
Mr. Kline referred to telegram received by the
| Attorney General, stating that the Manhattan
company had sold out TO the Standard for $1,000
00o He said it infamous and dirty little
trick" done 10 influence the jury by some one, he
did not believe this end of the line. Its absurd
ity. he said apparent from the fact that the
Manhattan was capitalized for only $4,000. Attor-
| ney General Ellis interrupted with some warmth
IF the court pleases. he began. 81 have sat
silent under the most remarkable TRADE of abuse
have ever heard in my life. Mr. Kline attempts ap-
parently to make 1t appear that the attorneys for
the state have attempted In some way by tele-
gram TO influence this jury. We have not presented
any telegram to this jury or said anything about
any telegram. I want TO say to the court that
there is no truth in the statement. and don't be-
neve that counsel who makes it believes it."
Mr.. Kline here interrupted and said that before
the recess had beer taken the Prosecuting Attor-
ney had called him TO the desk and asked II the
jury could not be placed in charge of the bailiff-
that a telegram had been received by the states
attorney, and would undoubtedly be published, and
might get into the hands OF the jury.
Prosecutor David broke in with the statement
that the prosecution. apparent, had tried to
keen the matter away from the jury and that 1t
was Mr Kline who was making the telegram
public.
Judge Banker remarked that he did not think 1t
proper to discuss the telegram. and said he should
instruct the jury not to regard It.
TT is an insulting and infamous TRADE" broke
in the Attorney General, "and there is no truth
in it"
who gave It TO the press?' demanded Mr.. Kline.
IT want to know what ktnd OF petty WORK there 10
going on here
The telegram came to me-" responded the At
torney General, "and one of my associates went TO
a newspaper man to ascertain If there was any
thing in it. We did not want it in this case. MI
Kline put It in this unprofessionally, and he
knows as q matter of fact that he has geen guilty
Of a petty trick
It was here that general applause swept the
courtroom and Judge Banker administered his
severe rebuke.
ASKS UNPREJUDICED VERDICT.
Attorney General Ellis began his argument at 8
o'clock and, in delivering ii. consumed two hours.
after which the court took recess until o'clock
Mr.. Ellis began by referring to the address of
NJ Kline very able He then warned the jury
that prejudice should not weigh in their decision.
The state in this is asking verdict. unless
1t be proved beyond reasonable doubt, that the
Standard OIL Company of Ohio has offended the
laws Of the state. Be not deferred by any threat.
yelled unveiled, that the Standard OIL Company
IS going TO move out Of the county,
The court decree dealing with the contempt pro-
ceedings read carefully by Mr. Ellis after
which he said in part:
I don't !. charge ANYBODY with dishonesty cor
of the state But do saw that the standard 0iI
Company escaped conviction by showing that it
the spirit OF the decision Of the court ordering it
Now. l have just dozen separate and distinct
items Of testimony going directly to the acts and
proving, not beyond reasonable doubt. but beyond
the possibility Of a question that the company is
ana mas been all the time as everybody knows,
member eIper Of this aggregation
the original trust: second, it In the trust after
the custer Of 1892, because, as shown by the scrip
identca third, its oficers are the same as the
officers OF the several other corporatons in the
ege eggregat2n ga @ Its M president F. g Barsow has his
TO the Seer Secretary Of state Of Ohio came from the
wthda%n by Mr. ES fh It fnT bvs deT ,16 and
other members Of the trust in Ohio and is the only
state sixth. it does compete with the - only
9f & &TeTy n the + sya STATE f of any size the Solar
Gad S0ar Company eighth it owns two hun
ne ne. refined oil in the state. Notwithstanding the
nn5h Fight here in sday @ there 5as 2 G no IN 5hH
except the National refinery; tenth, the Buckeye
hneres eleventh. this postal card aUthorzine staf
inspection shows the component part Of the great
gSany Of Ohio the Union @ Tank Line the solar Re
ocer and no books Of 70 fbe bsroaGwsy; twelfth
Why Because they know that they we We're ntfe they
mouth. VI ''eir own
This last statement was objected to strenuousIv
1t being claimed that nothing was In evidarc. -
show any subponas had been issued for the or
hcials and the court ordered the jury to disregard
the statement.
Fourteen requests made by the sttor,evs
ror the defendant TO Judge Banker at the evening
session. all embodying law points who, if VS.
Desired should be incorporated in the cherye +o
the jury. Two of these were accented b1, tha
prosecution.
Ihey We're that a counon alton of capitsI sLu ~
1ots Goes not violate the antitrust law unless or
eanized for or engaged in carrying out the tbings
.ofpinoen oy the law The other. that size of anv
business or the amount Of capital involved does nor
tend 10 establish violation ot any an+i-trrs+ 1ar
AheSS Two were also accepted by the court
JUDGE BANKER CHARGES JrTRy
The jury was brought In to receive the CHARGE
of the court charge
Judge Banker in his charge said in nsrt.
sasat5 a0H CONSIDERATION OF the evidence you are
the time which your attention has tina tat beyond
ao nd de'seq the deaeadsnsi adsTs Was such
suckeye Pine gna aFd thar az the same ums the
s' Ss@9Rse' 9ss oil anf cdpasS1 the sSs. 1s
Company Incorporated BY the laws Of Nnaard Nam on
ae of nSFe ot them we're members Of said
IN Hancock County. in pursuance Of fbs operated
plan and policy Of said trust being declared g f5
eaTss of ssd sd'oh otbef rsSs then
you every parpose To eOafPfY OF fRs are to be regarded
Sy Of ha deendant fas5 t se + not +
ely % for Within aSs said coSn
sprator is resazSad ast a b e overt act OF one con-
The Judgment Of The Supreme coart caSa a9d all
testimony nd W6eS jgagmen Teesrred to early
ong oS Of The The s5snqaRs ss liant not
n5ehy sssa tbes beoSs eegFt b at thai m TINE ana
panshed Tor eonfsmp s 5s o4 ssfsnsaPs dGug6
This court permitted this nding Of * a4 that court