The semi-weekly messenger., 1906-10-19

Finlay, O., October 15.-The end OF !
the trial of the Standard Oh Company |
OF Ohio. for alleged conspiracy against |
trade came suddenly in sight in sight
at the conclusion of the session of the
court today. The state was preclud-
ed by the ruling of Judge Banker from
Offering a line of evidence int cnded TO
show that the Standard gave secret re-
bates TO retail dealers n oil.
Mr.. Phelps for the prosecution ad-
mitted the state had no means of show
ing that the Standard company au-
thorized its agents to offer or give re-
bates. The court said that Il was a
fundamental rule of evidence tha, the
authority Of the agent must Dc estab-
Lshed
Then the state will close its case in
ten minutes" remarked Attorney
Phelps and the jury which has been
excused for this argument Of counsel
was called in and court adjourned.
a few witnesses for the defense will
be CALLED. but it IS stated that the
testimony will be all in on both sides
before court adjOurns tomorrow, that
the argument of counsel to the jury
can be completed "Wednesday, perhaps
in time for Judge Banker to make his
charge TO the jury, and place the case
in its hands.
An argument was reached between
Prosecutor David and the attorn vs. for
the Standard Oil Company today
| whereby the case against John D..
Rockefeller will not be for t. al un-
| til after the present case has been
| finally disposed of, whether this is in
| the probate court, now conducting the
| trial or before the supreme court Of the
| state after all appeals have been taken
! Until tOday'S agreement the ROckefe-l
Ter case had simply ben postponed un-
/ til after the present trial of the com
! pany in the probate court.
John O'Brien, superintendent of the
Buckeye Line company and E. r. Cur
tain superintendent Of the Manhattan
Oil company took the immunity bath
before testifying in the case tGday
, With the exception of the last witness
| the evidence put N By tn stat was
| from officers of the alleged constituent
companies of the Standard Oil includ
ing, the Buckeye Pipe Line the Man.
haitian Oil company, the Ohio Oil com
pany and the Solar Refining company
1t was testified to by officers of the
| Buckeye Pipe Line and Ohio Oil com
pany that the Standard Oil company
OF New Jersey owned practically all o.
| the stock Of these companies.
The last witness, Willis B. Ulsh, To-
cal grocer, was proceeding to tell the
Jury that when he first went into busi
ness several years ago he purchased
Oil from the National Refining com
pany a local Independent concern. but
that two or three years ago he was
visited by an agent or the Standard
since which time he had bought oil OF
that company. He had no means Oh
knowing that tn supposed agent of the
Standard was such agent and while At
! torney Phelps said tha, he wished tc
show that this agent had offered anC
paid secret rebate to the witness since
his visit and that the witness hat
bought all his oil of the Standard since
that time. he said th- stat" could no
prove that the Standard had given The
agent authority to offer the rebatn anc
the evidence was therby cut short. /
was understood to have been the inten
ton Of the prosecution to place before
the jury considerable testimony of tn,
same nature. When Judge Banker ex
cluded it, tn" prosecution announced
that ". L. Finley. state inspector O
refined oils would be their only othe,
witness and that his testimony wOulC
take but ten minutes tomorrow