Omaha daily bee., 1906-10-20
STANDARD OIL is GUILTY
Jury at Findlay Finds it Guilty of Con-
ipiraoy in Restraint Of Trade.
VERDICT REACHED AFTER LONG DELAY
ComPany's Attorney Makes Motion for
New Trial when Jury Reports
Rt Early Hour Friday
Morning.


thirty-two hours the jury in the case Of
the State of Ohio against the Standard
Oil Company of Ohio returned verdict Of
guilty on the charge Of conspiracy against
trade in violation Of the Valentine anti
trust law The verdict was rendered at
$3.50 o'clock this morning. the jury having
announced its readiness to report exactly
at ! O'Clock. The court and attorneys ar
rived in n half hour when the verdict was
rendered. When the jury came in and hac
taken its place in the jury box Judge
Bankcr said:
Gentlemen, have you agreed upon a yer.
dict?"
Your honor. we have" responded Fore
man Bailey.
What is that verdict?"
To this the foreman sent to the court a
typewriter form. which had been filled
out and the court read it as follows:
We. the jury in this case, find the de-
Ccfendant stands charged on the infornll-
ton. 'signedp A. l.. BAILEY, Foreman.
No Spectators Present.
There was not spectator IN the room
aside from Attorney Troup for the de-
fendant and Prosecuting Attorney David
and several newspaper men, and no demon
strat:on resulted
DO you want the jury polled?" inquired
the court of Troun
That is not necessary was the answer.
The court then, addressing the jury, said
Gentlemen, you deserve all the credit and
thanks which are due you for your pa
tience and close attention to this case. and
| want to thank YOU, and i'm that word |
cypress all there is in II and all l can eX-,
press. You may now be discharged and
go to your homes.
AS the jury was leaving the room Mr..
Troup stepped up to the court and said
he wished to make the motion for q new
trial of the case. Judge Banker assured
him that all such motions would be enter
tained as a matter of course. Tho court
at once adjourned and five minutes after
the verdict had been rendered the building
was dark and deserted
Penalty for OGense
The penalty is a fine of from $50 to 5000,
which may be repeated for each day of the
offense, or Imprisonment of from six to
twelve months.
The Standard Oil company of Ohio has
given notice that it will file motion for
new trial. Under the practice of the
court the defendant has three days to put
this motion in form.
The next step will be for the court TO
Impose the penalty.
The defense will then take their bill of
exceptions to such rulings of Judge Banker
as they have objected. to the circuit court
of the state. The appeal from this court
is to the supreme court of the state by
which tribunal there is no doubt the issue
will ultimately be decided.
To the state. the suit. the verdict and
the ultimate appeal is important, par
ticularly because II initiates an entirely
new method of proceeding against alleged
trade monopolies-that is, by informati ton
and affidavit Instead of by grand jury in
dictment. The trial occupied seven days
preceding the jury's deliberation.
Jury Nine 10 Three at First.
When the case went TO the jury at s:Sg
Wednesday night the first ballot of the
jurors stood nine for conviction and three
for acquittal, as the result of continuous
deliberations to 4 o'clock yesterday morn
ing one of the three for acquittal Joined the
majority. At o'clock Thursday night one
Of the two remaining for acquitta! wen;
over to the other side and at O'Clock thia
morning the last of the three gave his
assent to the verdict OF guilty"
y touch of the dramatic marked the two
closing hours of the jurys deliberation.
Hymns were sung during all but ten min
utes OF this time. This ten minutes came
at the end and was occupied by the re-
naming juror, who had stood out in ex-
planning his position and surrender to the
majority. There was not the slightest
levity about this hymna service. Tie
Jurors had then been many hours without
sleep The songs, which were started
shortly after o'clock in the morning
echoed at first feebly through the spacious
county court house. AS one familiar hymn
spirit of fraternalsm was gaining head
way in the small chamber in which the
twelve men We're locked. The number of
voices increased; the hymns gained IN
volume and enthusiasm. Then. Home
Sweet Home" was sung, the national
anthem followed, then more hymns.
Prosecutor David stated today that he
would take no action in the case against
John ID. Rockefeller until the supreme
court passes on the jurisdiction OF the
Standard cases.
Company Issues Statement.
NEW YORK, Oct. l9.-The legal depart
ment of the Standard Oil company has
given out the following statement:
The verdict in the case at Findlay against
the standard OIL company carries with II
a single fine of from So to 500, which Is
the maximum, according to the law under
the information on which the suit Was
brought The defendant lawyers in the
case are taking immediate steps for appaa
before final adjudication may pass throu 81
three courts, namely, court of common
pleas the circuit court and the supreme
court of Ohio. They feel confident OF Sc
curing a reversal on manifold errors IN
the trial just concluded,
Transcript for Moody.
WASHINGTON, d. C., Oct. l9.-AttOrney
General Moody said he did not care tc
comment on the verdict in the STANDARD
Oil case. He said that United States Dis
trict Attorney Sullivan would make a re-
port on the trial and forward transcript