The Birmingham age-herald., 1906-10-16
Judges Ruling Puts PfOsecu-
 ton at Disadvantage
REBATES NOT ADMISSABLE
Grocer Testified He Got Them, But Could Not Prove They Came From the Standard oil
 Company.

Findlay, O., October 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 evidence intended to show that the Standard com- pany gave secret rebates to retail dealers in oil.
 MT. Phelps for the prosecution, admitted the state had no means of showing that the Standard oil company authorized its agents to offer or give rebates. The court said that it was a fundamental rule of evidence that the authority of the agent must be established.
 Court Suddenly Adjourns.
 ''Then the state will close it's case in ten minutes tomorrow" remarked Attor- ney David 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 said the testimony will all be 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 to the jury and place the case in It's hands.
 An agreement was reached between Prosecutor David and the attorneys for the Standard oil company today whereby the case against John D. Rockefeller will not be set for trial until after the present
 r.F whether this is in the probate court now conducting the trial, or before the su- preme court of the state after all appeals have been taken. Until todays agreement the Rockefeller case had simply been postponed until after the present trial of the company in the probate court.
 John O Brien, superintendent of the Buckeye Pipe Line company, and E. R. Curtain, superintendent of the Manhattan Cotton oil company both took the i'm munity bath" before testlfying in the case today. With the exception of the last witness the evidence put in by the state was from officers of the alleged con- stituent companies of the Standard in- eluding the Buckeye company the Man haitian company, the Ohio oil company, and the Solar Refining company. It was testified by officers of the Buckeye Pipe Line and Ohio Oil companies that the Standard oil company of New Jersey owned practically all of the stock of these companies.
 Grocer Takes the Stand.
 The last witness, W. B. Ulsh, local grocer was proceeding to tell the jury when he first went into business sey- eral years ago he purchased oil from the National Refining company, local independent concern but that two or three years ago he 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 SUD- posed 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 rebate to the wit ness since his visit and that the witness had bought all of his oil from the Stand ard since that time, he said the state could not prove that the Standard had given the agent authority to offer the re- bate and the evidence was thereby cut short.
 It was understood to be the intention of the prosecution to place before the jury considerable testimony of the same nature When Judge Banker excluded the prosecution and announced that w. L.. Finlay, state inspector of refined oils, would be the only other witness and that his testimony would take but ten min 1tes tomorrow.