Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1906-10-11
LONG WRANGLE
Between Counsel in Case
Against Standard Oil.
Evidence Given By John D.
Rockefeller in 1898 Admitted.
Most Of, Day Taken Up al FindIay, O., BY
Evidence and PIeadiags in Former Suits.

FinGl;ly. Ohio, Oct 10-Mucii legal ar
CURRENT and little progress marked the
second day Of the trial of the standard
Oil Co. IF ohio. for conspiracy against
trade The argument was caused by the
Objection o. the attorneys Tor the
STANDARD ~ the character Of evidence
sought To b" placed before the jury by
tn. Prosecution. n every instance,
however. the ruling of Judge Banker
favored the prosecution.
The result was that the testimony of
John ID. Rockefeller. given in 1899 in
trust before the supreme court of the
state was admitted and carefully read
t" the jury by Attorney Phelps for the
prosecution. This consumed the morn
ing session and part OF the afternoon.
Mrs. Ida NJ. Butts, the first witness
Of the trial, was then called to the
stand. Mrs. Butts said she was the
stepdaughter of the late George NJ.
Rice. On independent oil owner Of Mari
eta. Ohio. Sne had also acted as Mr..
ltic, S private secretary and was the
cXcCutriN OF his estate. She produced.
at the request Of Attorney Phelps the
,ci tincateS Of original trust stock
owned by Mr.. Rice and scrip showing,
title to fractional siIhreS of stock i'll
all OF the 20 subsidiary companies 81 the
original trust. The text OF these ccrtiii-
Gates vas read into he record AMI Mrs.
Butts excused.
The final Wrangl. Of the day began
and lasted until adjournment at 40.
II resulted when Mr.. Phelps offered as
evidence. a. certified copy Of the record
in the office of the secretary of state of
New Jersey, showing That in lN9S in"
STANDARD oil go. Of that stat" changed
il corporate existence hy increasing The.
number rf its directors from three 10
nine. Ii Was argued by the defense
that this certificate WaS unauthcni-
Gated and incompetent. Judge Banker
reserved ruling on this point until to-
morrow.
Attorney General Ellis made his first
appearance as an active participant in
the prosecution. and by Attorney
Phelps. The defense VAS taken care of
by Attorneys Elicit, Kline, TrOup and
TOLLS
answering the objection Of Mr.. Kline
that the prosecution was going outside
the plCadinrS in the case, MIR. Phelps said
the Valentine Law, under which the SUIT
was brought, was as broaG as the world
and rs strong as Sampson: that under
il there was no necessity OF proving any
trust agreements or naming the parties
III any trade conspiracy. 1t was enough
Ia show the result OF this conspiracy.
However. il was the intention Of the
prosecution to show that the nine men
who formed originally the Standard oil
trust of No. have ever s.nCe-at least all
of them who are liVin%-Continu"d t.
dOminatc the oil industry If the state,
that they abandoned the trust agreement
when compelled to 10 50 by the state
ONLY t. enter another form in New J"r-
scv. which now continues.
Mr. Kline opposed this with the asscr-
the stockholders Of thc Standard Oil Go.
Of Ohio from selling their stock q a New
Jersey CORPORATION. lie further pointed
out that the subsidiary companies named
in tn" complaint were all declared by
tho 1froy.crtior to bc under the sam"
nyu,rship; hence how could there h" a
conspiracy such as is condemned by the
Valentine anti-tru.:t law. I'll" right OF
til. New Jersey 60. tc own the stock of
any other company. Id said could not
be- questioned in an Ohio court, anG h."
asserted that the only evidence which
was competent for the prosecution t"
bring forward was evidence showing 4
conspiracy against trade ~ t!.t d''"id-
ant companies i'll Hancock county, oh"