Omaha daily bee., 1906-12-08
COAL TRUST CASE LENCTHENS
Trial Will Be Prolonged More Than Was
First imposed.
MANY ADDITIONAL WITNESSES TO COME
Defense Has It's First Inning, LayinE
Foundation for Big superstructure
-COnneH Goes After Evening
Paper,

-Conneil Goes After Evening
Paper.
One entire day devoted to the defense in
the trial OF the trust case against S. z.
Howell president of the Coal exchange,
developed some Of the main points which
will be depended upon to refute the allega-
tlons In the indictment. II also developed
the case will not end as speedily as was
supposed. New points which came out in
the hearing Friday will require the ex-
animation Of large number Of witnesses
and all hope of giving the case to the jury
Saturday have been abandoned. It is now
certain it will require a day or two next
week to complete the trial.
Yesterdays session was broken into when
Attorney Connell for the defense asked the
court to direct the county attorney to file
charge Of contempt against an evening
paper and the reporter who has been cover
ing the case for the publication Of a state
ment alleged to have been made by Witness
Kemp after leaving the stand, in which
he is quoted as saying he was afraid to
tell the truth. Judge Sutton refused to act
until after the close of the case and
large part of the remainder Of the trial was
devoted to motions to dismiss counts of the
indictment.
Defense on Prices.
The most OF the evidence for the defense
was presented at the afternoon session.
The defense sought to show the relation
between Omaha prices and Chicago whole
sale prices. but this evidence was ruled
out by the court as having no bearing on
the charge. The rest of the afternoon was
devoted to evidence tending to show Omaha
70 ollie
rule Of the exchange not to solicit patron
age. The constitution adopted in 1868 pro-
hibits soliciting by drivers, clerks or agents
by card or otherwise, except printed postal
cards with the address on one side or by
circular letter.
This question became of vital Importance
Friday afternoon when Judge Sutton in
ruling on an objection to the introduction
of evidence said it was the opinion Of the
court and he would instruct the jury the
section of the constitution regarding So
Letting was in violation Of law, and II it
were shown to be in full force and effect
/ with the defendant assisting in enforcing
/ it, the jury should convict. The state has
already introduced evidence to show fines
had been imposed by the board of directors,
of which Mr. Howell is chairman, for vio-
latlng the rules regarding soliciting. The
view of the court as announced in the rul-
| ing made it incumbent on the defense to
bring in witnesses to show the members OF
( the exchange solicited business and en-
/ ployed solicitors and various devices to
get business. The greater part OF the aft
ernoon was spent with this evidence.
Charles X. COutnnt ON stand.
Charles X. Coutant of Coutant & Squires
was the first witness and his testimony
I was devoted entirely TO the attempt of the
defense to show the cost of coal to Omaha
dealers. Judge Sutton. however, ruled out
all Of his evidence, declaring It made no diff
ference If the dealers lost money on their
COAL they were violating the law If they
fixed the price Many price lists were Of
fered in evidence but all Of them were
ruled out.
Randall X Brown was the first witness
to testify for the defense on the subject
of soliciting. A ripple of laughter fioated
/ over the room when Mr.. Connen, directing
the window shades to be raised. asked Mr..
Brown to read the big coal signs on the
buildings in sight of the court room. County
Attorney Slabaugh objected, declaring there
would be no way to get the buildings be-
fore the supreme court If the case should
be carried up there, and that it was not
material to the case. A heated argument
of the definition of the word soliciting
followed, MIR. Connell contending any kind
of advertising directing attention to the
wares Of the advertiser was soliciting. The
court ruled against him and excluded all
/ evidence about the signs. 1t was during
this controversy Judge Sutton made his
ruling regarding the section of the consu-
tuition relating to soliciting.
! Circular Ads Thrown Out.
Judge Sutton admitted as evidence cir
cular advertisement which had been dis
tributed about the city, but after the re-
cess which followed Mr.. Browns testimony
withdrew them and excluded his evidence
regarding them.
The most direct evidence regarding So
Letting was given by ]. A. Sunderland
Tell the jury what you have done in the
way Of making personal applications 10
consumers to buy coal Of your said Mr..
Connell.
I'VE have several men who solicit and
certain ones whose exclusive business It is
to solicit from retailers and consumers"
He said it was their duty to go out on
the street and to business places and try Il
sell coal
How about other dealers?"
Il think II Is quite customary"
named his neighbor, c. w. Morgan, as one
he had asked to buy coal from him. He
also named a number of coal firms who
employ solicitors. In his own firm he sa d
lit was the business of retail clerks and
yard superintendents 10 solicit, and in ad
dtion they had two solicitors employed.
County Attorney Slabaugh objected tC
these question on the ground it did not ex
cuse the dealers II they violated the agree
ment they had made. The court admitted
the evidence as bearing on the question
whether or not the section Of the constitu
tion relating to soliciting was In force.
At 5 o'clock it appeared that number
of new witnesses would have to be called
so court adjourned until $3.50 this morning
no night session being held
One OF the Jurors who has been accus
toned to taking his mornings morning reg
ularly is so affected by his forced ride upor
the water wagon he had to appeal to tn,
court last night for relief. Judge SuttoT
directed him to see a physician and II h,
prescribed a sumulant Il might be takeI
under the physicians direction. The turo