New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1906-10-10
STANDARD OIL ON RACK.
OHIO TRIAL BEGUN.
VrgI Il. Kline Denies That Com
pany Is a Trust.

Ffndlay, Ohio. Oct. 9-The suit of the State
OF Ohio against the Standard Oil Company. OF
Ohio. in which the company is charged with
conspiracy against trade. began here to-day and
advanced at rapid pace.
A jury was obtained in less than two hours;
the County Prosecutor w L. David presented
his case; Virgil H Kline attorney for the de-
fence, made answer; G. H Phelps. of the prose-
cuton. then read documentary evidence until
the court adjourned. He will continue the read
ing during the greater part Of to-morrow's ses-
sion.
In brief Mr. David asserted that the Standard
Oil Company became a trust in 1882. and, al
though it had several times since changed the
form of its organization. had not ceased to COM
nit the offences Of trust.
Replying. Mr.. Kline characterized as nero
matters of ancient history the relation of the
original formation of the trust The Standard
Oil Company. he said was a corporation con-
trolled entirely by its stockholders: it was In no
trust IT could not be said that any Of the
statements Of Mr.. David relative to the early
history Of the organization were true but If they
were, they were not within the limits Of Han
cock County. and consequently without the
Jurisdiction of the court. The company, he said
sold some oil az retail in the county might own
some real estate here. but the statement that It
was in any combination in restraint of trade was
entirely unsupported by the facts.
The documentary evidence which the prosecu-
ton began submitting and which il is said con-
stitutes the bulk of it's case is contained in
a document authenticated by the Supreme Court
of the state the history of the Standard Oil
litigation before that body 1t was all objected
TO by the defence as irrelevant but allowed 10
go in by Judge Baker, presiding. The docu-
ments read 70 the jury to-day which occupied
the whole of the afternoon session following the
statement Of case by both sides included the
original trust agreement Of 1882, the pIeadinCs
in the case before the Supreme Court in 1892
which resulted in the order TO dissolve the trust;
the pleadinss before the same court in 1897 re-
sulting In q journal entry by the court that th+.
pounded TO John D. Rockefeller during that liti-
cation, which the prosecution desired to read
had just been reached when adjournment was
taken until o'clock tomorrow Mr. Kline
indicated that there would be much 10 be said
before these were allowed in the record "as we
entitled to our witnesses face TO face" he
remarked
The Jury before which the case is being tried
is composed as follows: William Sharp farmer;
c. o. Myers. farmer; Joel " Shuck retired
farmer: John P Oman farmer; A L Bales
farmer: Judd Bushong, farmer: c. A Damon
real estate dealer; Ellsworth L. Huston. farmer:
Grant Gibson, farmer; r. r. Bennett. farmer:
Preston B. Gathers. oil man, and H j. Rutledge,
implement dealer
The witnesses summoned by the state in the
case include J. NJ Robertson. OF Cleveland: j.
Mccarthy, T. A Mclaughlin and F. T. Barges.
f @. Adams D. ]. Sloan. J. B. Wilson. Mack
Thompson, Charles Sprankle, of North Balti-
more Ohio; J. c. Donneu, F. Q. Palmer r. @.
Mclaughlin F H. Hillman. officials of the Ohio
Oh Company: w A Barstow r T Cuthbert
and z p Curtin, OF Lima. Ohio; Martin Snider,
NJ G. Villas and H. P Mcintosh. Of Cleveland.