The sun. [volume] (New York [N.Y.]) 1833-1916, 1906-11-21
SUGAR TRUST ALSO GUILTY.
CONVICTED or ACCEPTING RE-
BATES FROM THE CENTRAL.
Judge Holt Again Overrules ChOate's Arsu.
ment the q Did Not Affect
Agreements Ent cred Into Before Its
Passage-Sentence Comes Tomorrow

II took a jury in the United States
Circuit Court. Criminal Branch, Just
an hour and a half yesterday after
noon to find the American Sugar Re-
filming Company guilty Of receiving about
$4,000 in rebates In defiance of the pro-
visions Of the Elkins act. On the charge of
giving these rebates the New York Central
was convicted last Thursday.
Judge Holt in his charge said that the
jury must decide against the defendant il
1t felt convinced that the payment OF the
rebates had been made after the passa9
of the Elkins act, although the agreement
for the payment had been entered into
before the passage of the act.
Joseph H. Choate made another long
address to the Court, reiterating his views
expressed last Thursday as to the meaning
of the phrase shall be transported" in one
of the provisions of the Elkins act. Judge
Holt, however, declared that he had no
doubt of the meaning Of the statute and
told the jury it might disregard Mr.. Choate's
doubts on the ex post facto character Of the
law, il the jury were itself convinced that
the s26,0 900 had been accepted by the sugar
company in defiance Of the laws provisions.
Alton r. Parker summed up the case for
the defendant. 1t was the first time in
twenty-one years, he said, that he had as
counsel in a case addressed a jury. In his
appeal Judge Parker decried the current
unbridled and unjust criticism of the man
agement of corporations and told the
jurors they must not he unmindful that they
had the rights of 1000 stockholders in the
American Sugar Refining Company to pro-
tect. He warned the jurors against gaining
the impression that President Roosevelt
was the ~instigator of the present cases for
rebating. He was sure, he said, that the
President would be i~nsistent upon a square
deal" in this case as in all others.
Judge Holt did not think it necessary for
United States District Attorney Stimson TO
make an extended reply to Mr.. Choate.
Judge Parker then sought to raise the
point that the evidence had not shown that
the rebate Of S26. coo was not an unreasonable
refund for charges for carriage from the re-
fineries Of the company IN the Eastern
district in Brooklyn to Palmer's dock. in the
same borough.
District Attorney Stimson in reply pointed
out that the rate on the sugar shipments to
Cleveland was made from Palmer's dock
and that one of the evidence presented
showed that this carriage in Brooklyn was at
all considered in the arrangement for the
rebates.
After being out about half an hour. the
jury returned to inquire II the acceptance
Of the s28 900 constituted a misdemeanor.
Justice Holt said iJ did il the money had
been accepted in violation Of the provisions
of the Elkins act.
Sentence was deferred until tomorrow
morning, at which time sentence will also
be imposed upon the New York Centyal and
Hudson River Railroad Company for giving
the rebates to the sugar company At that
time also will be heard the appeal for the
stay OF judgment in both cases.