The news-democrat. (Providence, R.I.) 1906-1909, 1906-10-18

| Flndldy, o.. OCT. b.-After a trial OF
seven days. the fate OF the Standard on
company of Ohio. charged with conspir-
acy against trade. was placed in the hands
OF the jury at $3.50 o'clock last night. The
| days proceedings were the most strenu-
Gus OF the trial. Heavy speeches on both
| sides were made. Virgil p. Kline con-
cluded for the defence and Attorney GEN
erai Ellis for the prosecution. The de-
| fierce submitted IL points OF law for in
corporation in the charge OF the court
10 the jury. all but two OF which were re-
| jected. Judge Banker then read his
| charge and the jury retired.
The tension between counsel on either
sides, which has been on the increase as
| tho case progressed reached the break
! ing point today and hot words OF criti-
| cism passed. The crowded court room be-
ca4me demonstrative for the first time. The
court sternly rebuked all concerned. The
collision resulted from the receipt OF a
| telegram by the attorney general stat
| ing that the Manhattan Oil company had
sold out 10 the Standard OIL for 5000 900.
This was declared by defence to be a
trick 10 influence the jury.
The prosecution retorted that the mat
ter would have never reached the jury
| had not Mr.. Kline. who made the charge,
| mentioned the matter in open court. The
| ircident closed with severe admonition
from the court. The jury was ordered not
! 10 regard the matter.
ATTORNEYS IN HEATED CLASH.
A lively tilt between Mr.. Kline and At
torney General Ellis created the first SEN
sation in the trial.
Mr.. Kline had resumed his arguments
! and made reference 10 the telegram re-
ceived by the attorney general stating
that the Manhattan hold sold out 70 the
| Standard for s2,0oo,ooo He said II was an
Infamous and dirty little trick" done 10
| f,a ha h.v IL.
surdity. he said, was apparent from the
| fact that the Manhattan was only capital
| tied for $1500 600.
Attorney General Ellis interrupted with
| some warmth. IF the court please" he
began 81 have sat silent under the most
| rema arkable TRADE OF abuse I have ever
heard in my life. MIR Kline attempts
apparently to make IL appear that the at
torneys for the state have attempted in
some way by telegram To influence this
! jury. We have not presented any tele-
gram 10 this jury or said anything about
any telegram. I want TO say TO the court
that there is no truth in the statement
and / don't believe that counsel who
! makes II believes st."
Mr.. Kline here interrupted and said that
before the recess had been taken the
prosecuting attorney had called him TO
the desk and asked II the jury could not
be placed in charge Of the bailif. that n
telegram had been received by the states s
attorney and would undoubtedly he pub
lished and might get into the hands Of
the jury.
Prosecutor David broke in with the
statement that the prosecution. as was
| apparent, had tried 10 keep the matter
| away from the jury and that II was Mr..
| Kline who was making the telegram pub
| lie.
Judge Banker remarked that he did not
| think IL proper TO discuss the telegram
| and said he had instructed the Jury not
| 10 regard IT,
at is an insulting and infamous TRADE -
broke In the attorney general, "and there
is no truth in it,"
NO EVIDENCE OFFERED.
In concluding, Mr.. Kline said: Are we
10 be convicted on guesswork and infer
ence or because some one thinks he has
| a grievance?
Tell me from what source are we to
| be convicted? There is no evidence that n
single stockholder of the Standard oil
company OF Ohio has sold his stock to
the Standard OF New Jersey since 1895.
1T may have been shown that an In
| dividual is a director in the Standard OIL
| company OF New Jersey. and also OF one
OF the subsidiary companies, but &c does
not prove that conspiracy exists or has
| existed"
Continuing. Mr. Kline said there was no
evidence that the Standard Of Ohio was
| connected in any way with the Standard
| OF New Jersey.
'In three-fourths OF the failures OF the
world the individuals are TO blame them
selves The Standard on company has
| been one OF the factors In the creation Of
| the wealth of the state. ~ Is not n nj
rate. as II has been pictured by many"
| After complimenting tho court for It's
| fairness, the counsel for the prosecution
for the courtesy and the jury for its pa
uence. he concluded his argument.
FOR THE STATE.
| Attorney General Ellis began HIS clos
| Ing argument AZ O'Clock. and I'm deliver
i Ing IL consumed two hours. at which time
the court took recess until O'Clock
lie said:
! diet unless II be proven beyond a reason
! able doubt that the Standard OIL com
/ pany OF Ohio has offended the laws OF
the state. BE not deferred by any threat,
veiled or unveiled. that the Standard OIL
company Is going TO move out OF the
| county
Mr.. Ellis. commenting that the defence
| had adduced az their only evidence In the
case the Journal entry OF the supreme
| court IN the contempt proceedings, said
| They seriously contend TO you that tho
state OF Ohio has brought an action for
| the purpose Of determining the Identical
| question that was determined I'm 1897 III
| that were true. all they would have To
| DO I'm this case would have been TO put I'm
/ "A plea OF abatement that they had al
ready been tried for this offense, and
/ could not be put twice in jeopardy.
Now ! have just dozen separate and
distinct items OF testimony. going directly
I 10 the acts and conduct of tho Standard
| oil company OF Ohio and proving. not be
| yond reasonable doubt. but beyond the
! possibility OF question. that the com
| pany is and has been all the time. as
| everybody knows. a member of the trust.
A COMPLETE MONOPOLY.
First. the Standard OF company OF
Ohio was IN the original trust: second. II