Omaha daily bee., 1906-12-06
After Price Listl Are Composed Dealers in
Combine Are Notified.
o EFFORT MADE TO TELL NON-REHBtRs
Judge Sutton Sharply Rsbukss Attorney
OOnnell for His Conduct,
Hts BETWEEN COURT AND COUNSEL
First Evidence In the Coal Trust
Trial il Brought 60 Surface ana
Session Goes Into the
Night.

members Of the Omaha Coal exchange
that the secretary OF the exchange kept
sharp lookout for dealers who were cut
ting prices; that dealers were promptly
notified of changes IN the price list by the
secretary; that these price lists were made
up after a discussion Of prices at meet
ings Of the exchange were some of the inn
portant bits Of evidence developed at the
trial of s. e. Howell, charged with viola
ton Of the antitrust law yesterday. Three
sessions OF court. all OF them full Of incl
dent. were held. a night meeting being
inaugurated in order to hasten the case.
Heated passages, in which Judge sutton
once threatened TO fine W. ]. Connell for
! contempt, marked the hearing and con-
stant objections to the Introduction OF ovi-
dence made the actual progress OF the case
slow.
All OF the important evidence was given
by Walter Wills. former secretary OF the
exchange. In the afternoon he told how
price lists were made up by taking the
prices on various kinds OF coal. which we're
handed to him by the members. At the ses-
sion last night It developed these prices
were handed in after a discussion OF the
prices by the members OF the exchange.
The list was then made up by taking the
lowest price offered for each brand and
lists were printed or members notified OF
changes in price so they could correct their
old lists
ITO the best OF your knowledge was any
body employed by you as secretary Of the
exchange to go about among members and
see II they were cutting prices?" asked
County Attorney Slabaugh.
watching for Price Cutters.
On objections from Mr. Connel, Judge
Sutton limited the scope Of the question
to the eighteen months preceding the
bringing of the indictment. Mr.. Wills said
ne did not know OF anybody being 20
hired.
( Ibid you go around after April %, 1906
= to see If any members were cutting prices?"
/ Il went around to see IL they were cut
I ting prices, yes
'1f they were cutting prices what would
/ you dor
Il don't think found anyone cutting
"You kept your eyes open for dealers
cutting prices?''
Yes"
'Did you look around to see II dealers
were maintaining sub-agencies?'
u think not after April o, as the season
was practically over"
Under the ruling OF the court overt acts
committed prior to April @, 1876, could not
be shown, they would he barred from
prosecution by the statute OF limitations.
This limitation prevented the county at
torney from introducing as evidence items
from the cash book showing fines had been
collected from dealers for violations Of the
rules Of the exchange. Two OF these fines
or assessments" as they appear on the
books, were entered on June 10 1905, but
the witnesses testified both OF them had
been levied prior 10 April q and the court
ruled out evidence regarding them. One
OF s. against c. B. Havers was for using
a chute longer than the rules prescribed
and the other was against the South
Omaha Coal and Ice company for $50, but
it did not appear what II was for. The
witness said he did not think there were
any fines assessed after April 2S as the
season was practically over then.
Dealers Are Classified.
Considerable time was spent by County
Attorney slabaugh trying to establish the
identity OF cards showing the classes in
which members Of the exchange were
divided. John Douglas OF the Douglas
Printing company, which printed the cards.
was called to aid in the Identification He
also attempted to show these cards were
sent to wholesale dealers in Chicago and
that only members Of certain classes could
buy coal OF the Chicago dealers. When
asked about this Mr.. Wills said he could
not remember whether the cards were sent
to Chicago or not.
County Attorney slabaugh read the con-
stitution and bylaws Of the exchange and
some OF the minutes to the jury and estab-
lished that s. f, Howell, the defendant.
was among those present at these meetings
In order stiil further to hasten the case
Judge Sutton announced the trial would
begin at instead Of $3.50 in the morning
and only an hour and a half would be taken
for the noon recess instead Of two hours.
Records of New Bylaws.
At the beginning Of the afternoon session
Judge Sutton overruled the objections Of
the defense TO the Introduction OF the
minutes OF the meetings OF the exchange
held in 1903. County Attorney slabauEh
offered in evidence the minutes OF the meet
ing at which the constitution and bylaws
were adopted and the minutes OF the meet
ing at which the former minutes were
approved. The defendant. s. e Howell.
was IN the chair at the latter meeting
Mr.. Wills said he was unable positively to
. identity the signatures attached 70 the con-
stitution, though he admitted he had Sc
cured all Of the signatures himself.
Another fight was preclpitated when
County Attorney Slabaugh offered IN ev'-
dence minutes OF a meeting held IN 1907
showing the members present had hled
their lists Of prices. After a long argument
Judge Sutton ruled II was proper for him
70 show the formation OF the coal eN-
z change. bot that he could not show overt
1 acts committed more than eighteen months
prior 20 the returning Of the indictm snt
, The evidence was ruled out Judge sla-
bauEb then confined himself 20 introducing
a iust enough Of the minutes 10 show a meet
Z Ing was held. This was admitted without
4 protest By the defense. After the date Of
, April q. 1916. the entire minutes were or
/ fered. as they related 70 acts within the
eighteen months limit
e WnIs Cannot Remember.
e M wills said he did not remember
Z wbether he issued any price lists after
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