Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-10-16
OIL CASE NEARS The END
Judge Banker Excludes Evidence Relative
to Rebates Paid Retail Dealers.
STATE WILL CLOSE THIS MORNING
Buckeye Pipe Line, Manhattan OIL
Company and Ohio OIL Company
owned by standard of
New Jersey.

FINDLAN, o., Oct 15-The end of the
trial of the Standard Oil company of
Ohio, for alleged conspiracy against trade
came suddenly In sight at the conclusion
of the session of the court today. The
state was precluded by the ruling of
Judge Banker from offering a line of evil
dence intended TO show that the Stand
ard OIL company gave secret rebates to
retail dealers IN oil. Mir. Phelps for the
prosecution admitted the state had no
means of showing that the Standard Oil
company authorized its agents to offer OF
give rebates. The court said that 1t was
a fundamental rule Of evidence that the
authority of the agents must be shown.
Then the state will close its case in
ten minutes tomorrow" remarked Attor-
ney Phelps, and the jury which had 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 the 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 Ito the jury
and place the case In its hands.
Rockefeller Case Postponed.
An agreement was reached between
Prosecutor David and the attorneys for
the Standard Oil company today whereby
the case against John ID. Rockefeller will
not be set for trial until after the present
case has been finally disposed of. whether
this is in the probate court. now conduct
ing the trial. or before the supreme court
of the state after all appeals have been
taken. Until today's agreement. the
Rockefeller case had simply been post
poned until after the present trial OF the
company in the probate court.
John O'Brien, superintendent OF the
Buckeye Pipe Line company. and f. r.
Curtain. superintendent of the Manhattan
Oil company. both took the Immunity
bath" before testifyng in the case today.
With the exception Of the last witness.
the evidence put in by the state was from
officers of the alleged constituent companies
OF the Standard. including the Buckeye
Pipe Line the Manhattan Oil company,
the Ohio Oil company and the Solar Re-
| fining company. 1t was testified to by
officers of the Buckeye Pipe Line and Ohio
OIL company that the Standard Oil COM
| pany of New Jersey owned practically all
of the stock of these companies
Rebates Paid 10 Grocer.
I The last witness. Willis b. Ulsh local
grocer. was proceeding to tell the jury
that when he first went into business sew
! eral years ago he purchased oil from the
National Refining company a local indie
| pendent concern, but that two or three
| years ago he was visited by an agent of
| the Standard since which time he had
bought oil of that company He had no
means of knowing that the supposed agent
OF the Standard was such agent, and while
Attorney Phelps stated that he wished to
| show that this agent had offered and paid
| a secret rebate to the witness since his
| visit and that the witness had bought all
| his oil of the Standard since that time. he
said the state could not prove that the
Standard had given the agent authority
to offer the rebate. and that the evidence
was thereby cut short.
! 1t was understood to have been the in
! tention OF the prosecution TO place before
! the jury considerable testimony of the same
nature. When Judge Banker excluded it.
! the prosecution announced that w. L.
| Fndley, state inspector OF refined oils,
would be the only other witness and that
his testimony would take but ten minutes
| tomorrow