The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1906-07-11

|trade ana commemorative Standard II on
Company, for instance. II
Many Lawyers Present.
,rho ,nd,cted men ana the indicted COM
pnnies seemed is have fully realized the
| Importance OF this move on the part g +
1.-The government, and they assembled here.
d numerous array OF legal Stnl ent. 3ss
Among the lawyers taking a deep Sin-
sterest IL tho case were the following:
81. j.. vertress, Nashville; 9, Brad q \
ford Nashville: Judge John 9. Miller eh
Chicago, james r, Helm, L Low u
Marcelus Green. nckson Miss. " e. =
Flemlng, Augusta, ca; Major. 49,.
smytho, Charleston, s. c.: L, oudin. New
York; G. y. Collins, Norfolk; 7. u. WIS ".
Hams, Norfolk; g. q. Wilson. Atlanta.
who Represented the various de- endnnts.sAs
II The government was represented III by
Judge u. III Lewis, the district a ttorney;
Mr. Edward r. Sanford, OF Knoxyillle:#
special assistant to tho Attorney General Ter era
OF tho United State and Ms llnrw V.
Graves, Of tho Department Of Justice Al
washington. The last named was pres
ent as consulting counsel.
One Warrant Issued.
Tho defendants appearing In court yes I.
.terday were s. r. Morgan, president o.
the ylrginia-cnrolina Chemical Company;
Fortescue Whittle. vice president Of IN
same concern, ana J. VI i Ice Sni tt, Of tho
sales department OF the rginta- Carolina
Chemical Company Nfessrs. +. s.. laoysteri
and Charles r.. burroughs, OF the Royster'
Fertilizer Company Norfolls end a,e !, Mt r.
u Tinsley ent q ne en-,
nessec Chemical company, branch q o.
THE Virginia CAROLINA & company. NJ r.
Tinsleys concern operates in another
State but as he has his residence here.
lie is subject to the .5uri ton Of = tdge
l5yvaddlll 3 court. AZ .3
1t was agreed at the opening OF the
court Mt II o'clock that on warrant was
sufficient to be Issued to bring the ca go
squarcly% before the court, and IN was
Issued against James Il u. III Tinscy.f vi no.
with Ill the other defendants, was al
ready IN cOurt. IL II i$6 Ss{I
The Heavy Docket.
! The warrant upon which Mr.. Tinsley
was ARRESTED "S reads as follows
! United States Of America,
| Eastern DlstriGt8of Nfrginla-Sct:f3
TO the Marshall Of the East tern Dis s5
3is&55ssss ;trict Of Virginia, Greettng:
755 Whereas complaint In writing on "a
| oath. has been made 70 me-. cn mar - g.
Ing that james q. Tinsley,9o q ittcll-
rlond, va, stands indicted BY 4 the
grand 4 fury OF the Circuit Court OF e s525
the said United States In and FOR tho
Middle District OF Tennessee for that
the said James q. 'Tinsley on the as
35S sth$ day N OF July. in II the year .l9D3
and during tho period OF time from 382
that datn until and on me u, mrs {. !, "a i,
! Of September, In the year 1905, did IN
the Middle District OF T ennessee I'M
s3l In Wflllly engage in a conspiracy IN s{s
~ restraint OF EFF trade and AZ commerce @5
81 among the several States OF tho Unit
ed states In viola ion Of section one s43
OF thA Act OF Congress III approved "a
July q 1880, entitled 33'' IN act 70 pro-
| lawful restraints and monopoiles,''lt 5
and for that on said 8sth day Of july,
1905, it and within the county OF
"a Davidson, n in the said Middle Y Dis
|S5#tricts Of Tennessee, In violation OF the ffi
Of Section 544o q the He-sss
yised Statutes Of the United states, 6
"a the said James G. Tlnsley did unla w
$.a f,,lly consplre With divers other per-
# IONS and corporations to commit an
III oncnsc against the United States, To-
q WITT: the oifcnse OF engaging IN q co m ,5s
. binnton in restraint Of trade and COM
mercc among the several States OF Il!
the United States; ana appiiicatltot, M
has been made to me that the sald si5
James G, Tinsley may be arrested "
ana Imprisoned and rem owed tor ball
ed. "a MS the case may be. sfor trial be- a
fore the said Circuit Court Of the al
United states for the Middle District 4
OF Tennessee:
Nov, therefore, you are hereby conf
,nanded to arrest the said James CT
III said District. and bring him forth-7
with before me ati$my chambers IN
Richmond In order that he may be II
dealt with according to law III a Il "
$43 (Signed) $l EDM uND& NVADDILIl. $4 4
4, Al u s. II District Judge.
on tile back or the warrant the mar
shall wrote the fact that he had duly
served It. The perfunctory PROCEEDINGS q
having been completed and explanations
having been entered into by NJ Judge
Lewis ana Mr. Sanford. and Mr., Ycrtress
for the defense, having explained that :
was not his purpose tofcontest the case
on on its merits, but only an the question
of jurisdiction, the case was opened. II l.2E@
The Issue Joined. .
Mr.. Sanford explained the nature 4
fla indictment returned by the Federal
| Grand jury In Tennessee, and tormally
3asked that the removal orders be enter RED.
| He said a true bill had been found against
thirty-one corporations ana twenty-five.
individuals, $l#s d "a
t1ess announced that his clies>ts were ~
court to fight the application for tho ro-
smoynl warrants, He said that the de-.
fendants 4 had several Meas by way Of
dozens e--nrst Of all,I not guilty: s's'ond,
several Of the counts In the Indictment
charge no oftenso whatsoever. For ex-
ample, they specify tho crime Of .con- 4
spring to consplre,' Third, tho indlct-
nent on the face q q charges 10 offense,
| He proposed to Introduce witnesses 70
show that no ofrensea had been committed
In francesca or elsewhere, Nh, Sanford
| objected To the Introduction o. testimony,
|8ccnntending that the Indictment q certl-
fled copy Of Which he exhlhlted, was
conclusive evidence of probable guilt.
and could not be inquired Into In this
proceeding The only question ct issue,
he commended. Is whether this Indictment
|5charges an offense against the United
states In the Jurisdiction of the court IN
which the defendants have been Indicted,
and, that being the only auesA'n, no
| testimony WAS admissible 10,
on this issue the. arg ument was opened
The Governments Side,
/ - ~