The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1906-10-19
Chic Jury Finds 1t Guilty as
Charged in Indictment
After Deliberations Extending
Over Period of 80 Hours.
MOVES FOR NEW TRIAL
Court Expected This Action on
Part of Defense.
Announced That Motion Wouid
Be Entertained, of Course.


Findlay. o.. Dot. 1s-After deliberat-
ing % 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 YaIen-
tine ANTITRUST law. The verdict was
rendered at 4.s5 o'clock this morning.
the jury having announced its readiness
to report exactly at ; o'clock. The court
and attorneys arrived in a half hour
when the verdict was rendered When
the jury came in and had taken Its
place in the jury box Judge Banker
said
Gentlemen, have you agreed upon a
verdict
Your honor we have. responded
Foreman Bales.
What is the yerdict2t
In answer to this the foreman sent
had been filed out and the court read
it as follows:
We. the jury in this case. find the de-
fendant guilty in the manner and form
as the defendant stands charged on the
information (Signed),
"A. L. BALES. Foreman"
There was not a spectator in the room
aside from Attorney Troup for the de-
fendant and Prosecuting Attorney
David, and several newspaper men and
no demonstration resulted from read
ing the verdict.
DO YOU want the jury polled2' duer-
led the court of Troup.
That is not necessary
The court then addressing the jury
said:
Gentlemen, you deserve all the credit
and thanks which are due You for your
patience and close attention to this
case, and i want to thank you and in
that word express all there is in it and
all can express.
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 a motion for new
trial of the case Judge Banker assured
him that all such motions would be en-
tertained as a matter OF course. The
court adjourned at once and hve min
utes after the verdict had been render
ed the building was dark and deserted
The penalty is a fine Of from $50 tc
5000, which may be- repeated foI
each day of the ofrense, or imprison-
ment of from six to twelve months.
The Standard Oil company of Ohio
has given notice that it viii file a mo-
ton for a new trial. Under the prac-
tfee of the court the defendant has
three days to put this motion in form
The next step viii be for the court
to impose the penalty
The defense Will then take their bill
of exceptions to such ruling Of Judge
Banker as they have objected, to the
circuit court of the state. The appea-
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 it initiates an entirely
new method of proceeding against al
legged trade monopolies-tbati is. by in
formation and affidavit instead OF by
grand jury Indictment
When the case went to the jury al
$50 O'Clock Wednesday night, the first
ballot of the jurors stood nine for con-
viction and three for acquittal As the
result Of continuous deliberations to 4
o'clock Thursday morning. one of the
three for acquittal joined the ma jority
At o'clock Thursday night one of the
two remaining for acquitJaI went ovel
to the other side and at f O'Clock this
morning the last Of the three gave his
assent TO the verdict Of guilty
A touch of the dramatic marked the
two closing hours of the jury 5 delib-
erations Hymns were sung during al
but ten minutes Of this time. This ten
minutes came at the end and was oc-
cupied by the remaining juror who
had stood out in explaining his posi-
ton and surrender to the majority.
There was not the slightest levits
about this hymnal service. The Jurors
had then been many hours withoui
sleep. The songs. which were started
shortly after o'clock in the morning
by about three voices, echoed at firsl
but feebly through the spacious
county house. AS one familiar hymn
after another was sung it was evident
that spirit of fraternalism was gain
ing headvay in the small chamber il
which the twelve men were locked
The number Of voices increased; the
hymns gained IN volume and enthusi-
asm- Then Home. Sweet Home was
sung the national anthem followed
then more hymns. Laughter was heard
between the limited Dauses. It bore No
tone of derision. but of cordially.
few minutes later came the announce
ment that the jury had reached ar
agreement and Judge Banker was
hastily summoned