New-York tribune., 1906-10-17
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OIL CASE NE4RS END.
EUidence Al M-Opposing Counsel
in UOrdU Tilt.

Ffndlay Ohio, Oct. 16-That the case of the
Standard Oil Company of Ohio, on trial for
conspiracy against trade. will be in the hand>
Of the jury tomorrow is confidently predicted
tonight by attorneys for both Sides The evil
dence is all in. and argument was heard for four
hours to-day. The jury has yet to hear Mr.
Kline for the defence and the closing argument
for the state by Attorney General Ellis. Prose-
cutor David began his argument at 10 o'clock
this morning. after two witnesses had testified
for the state and the defence had closed its
case with the submission as evidence of single
document. the decision of the Supreme Court Of
the state declaring the defendant company mot
guilty in the contempt proceedings of 1900.
Attorney General Ellis made objection\to this
evidence. saying the state in this case had put
in the responses of Mr.. Rockefeller to the in
terrogatories in that case, which represented
the Standards case. The state had also filed
the issue and replies. Mr.. Kline held that to
make that record complete it was necessary to
put in the conclusion of the court which he
said dismissed the case at the expense of the
state
Il think" said Mr.. Kline '1t comes with
mighty poor grace for an officer of this state to
object to the introduction of the journal entry
Of the Supreme Court of the state"
Mr.. Phelps followed Mr.. David for the prose
cution and Mr.. Troup occupied the balance of
the day until after > O'Clock in making the open
Ing argument for the defence.
The prosecution told the jury that there had
never been actual cessation of the Standard
Oil Trust of 1882, as shown by the evidence, al
though the form of the organization had been
changed. The defence made its main point
that while the evidence showed all the so-caIled
subsidiary companies to be owned by the Stand
ard Oil Company of New Jersey. not one syl-
liable of evidence had been adduced to show
that the defendant company was so owned.
Reviewing the documentary evidence to the
Jury, Mr.. David said it was not disputed by
any that the Standard Oil Trust actually
existed in 1882. The state now contends that
this same trust. only under another name, still
exists. He mentioned the various local COM
panies doing business in the state saying
they were members of the original trust.
THE people in the case" said Mr.. David,
"claim that the Standard Oil Company of New
Jersey owns the stock of these subsidiary
companies, each dependent upon the other
and right now doing business among We
have shown that these same gentlemen-John D
Rockefeller William Rockefeller, Flagler, Arch
bold and Rogers-are to-day the heads Of these
companies. These men We're Of the nine original
trustees in the trust"
Mr.. Phelps told the jury that the present was
the most important trial ever held. "It is the
States. It is the death kneu of the trust.
Mr.. Troup. who followed Mr. Phelps. nre-
sented the case for the defence. Summed up.
ne said the charge against the defendant was
this: That the defendant is a member of =
trust formed in 1882 and has continued so down
10 the present time"
Mr. Troup justified combinations of cspitaI
brains energy and action as essential to the
progress of the world. 1t was such combina-
tlons which had produced Civilization and
these i'm themselves We're not and could nor he
unlawful.
He asked the jury if they had ever heard ~
the men at No. % ''Wideway." New York who
were behind the Standard ever owning private
yachts or betting on horses, or indulgine in
worldly follies-"No." These gentlemen were
earnest workers. They We're daily engaged in |
the development of this country and a market
for their product abroad They empIoved an |
immense army of persons-4OOOO These en,
ployes We're not degraded laborers, but the |
highest class. He asked the jury If they wouId |
not individually be proud to have their sons or |
some of their relatives appointed IN rosi+,on |
with the Standard Oil Company. "Of course |
you would" '0' |
Mr. Troup read the finding of the court in the |
contempt proceedings, showing the 6efandsnt
not guilty on the charge of belonging to the |
trust. ~ '
IF these six gentlemen sitting on the bench
would tolerate dtsobedlence of their order thew
would be worthy of your contempt and mine
When Mr. Troup made this comment about +he
supreme Court of the state Attorney General
Ellis interrupted. He said Mr.. Troup had OBJ
1ected when Mr. David had told the iury that
the decision was by divided court to 3. and
now his language tended to create the impress
sion that 1t was not a divided court
Judge Banker took the same view and Mr.
Troup admitted the decision was by a divided
court.
The most amazing thing in this lawsuit
continued Mr. Troup. us that while evidence
has been brought in here to show that all Of
these other companies are owned by the Stand
ard Oil Company Of New Jersey. yet not one
syllable of evidence has been produced 10 show
that the stock of the Standard Oil Company of
Ohio is owned by the New Jersey company