Omaha daily bee., 1906-12-07

shotwsr, Mr.. Kemp said, after leaving the
stand he was afraid TO testify to what he
had previously said for fear Of vengeance
from the coal men. NJ. L Carlyle went on
the stand and said Kemp had told him
he was going to take tho Rosenblatt case
before the exchange.
Fred M. Clute, a former coal dealer, went
on the stand and charged he had been
driven out of business by the Coal exc
change because he was not a member. The
defense tried to develop the reason the
exchange members would not sell him
coal was because he gave false weights
and sold to poor people at exorbitant
prices. This, however, Clute denied.
Kemp Says He is Afraid.
Kemp was recalled after the noon recess
and qnizzed closely regarding charges he
is alleged to have made against M. Rosen-
blatt for selling hard coal at 1915 when
the exchange price was SO. He was asked
IL he did not state to NJ. L. Carlyle, another
coal dealer, that he was going to report
Mr.. Rosenblatt to the Coal exchange for
cutting prices. The witness denied making
such a statement and said he intended to
get" Rosenblatt through the city weigher,
as he believed he was giving short weights.
He denied he had TO sell at prices fixed by
the exchange.
After the session Deputy County Attorney
shotwen, who had talked to Kemp before
he went on the stand, made the statement
Kemp had said after leaving the stand
he was afraid to tell all ne knew for fear
the coal dealers would ruin his business.
M. l. Carlyle was called and testified
to the conversation he had had with Mr..
Kemp. He said Kemp did tell him he was
going to report Rosenblatt to the Coal ex-
change for cutting prices. e. Myers was
given as the name OF the customer who
had said Rosenblatt was offering him coal
at less than the list price.
Fred M. Clute, his North Twenty-fourth
street, who formerly ran a coal business
at Sixteenth and California streets, de-
clared on the witness stand he had been
run out OF business by the members Of the
Coal exchange. He said he had made sew
eral applications to get into the exchange
but had been refused admittance. He said
he bought his coal IN carload lots but he
had trouble getting It from members OF
| the exchange.
"In what way did you have trouble7'
asked County Attorney slabaugh,
Forced out of Business.
not a member of the exchange"
! When asked who had refused to sell hin
coal he named c. b. Eavens Co, c. S
johnson, the Walnut Block Coal company
| M RoEenblatt and c. w. Hull Co.
Did you apply to each Of these fol
coal7' III .r
| yes"
what did they say to your -''
"They said they could not sell me becaus,
1 was not a member of the exchange"
The witness said owing to the fact tina
he could not get coal in carload lots il
his first location he went into the eurbston
business and bought at wholesale by tn
ton, retailing the coal by the basket. H
went out of this business with the coming
of warm weather.
In the cross-examination by Mr.. Connel
the defense sought to bring out the Goa
dealers refused to sell him because he al,
not have a permit from the city, uset
false weights and sold at exorbitant price
in small quantities. These the witness EN-
phatically denied.
An hour before the afternoon adjourn
merit, Henry e. Ostrom, the present secre
tary Of the Coal exchange, went en- tn
witness stand and remained there until tn
close of the evening session His examina
ton was to a great extent made up of tn
Identification OF records and documents be
longing to the exchange. Minutes OF meet
ings were introduced showing coal price
were discussed at certain meetings an
price lists were scheduled to Ego into eli
fect"' at certain times. AT one meeting
was stated the members present filed list
on hard coal for August delivery. The vii
ness said he made up the price lists fror
the lowest prices named on Goals OF vari
Gus kinds either by members or nOn-men
bers of the exchange. These he delivere
both to members and non-members.
Fines Against Members.
County Attorney sabaugh then passed I
an examination of fines recorded in tn
cash book. One fine Of IS was for using
chute longer than provided for in the agre,
nlent OF the dealers with the teamster
union Another was assessed against tn
Partridge helley-ThomsoR company for 81
lioitinE. The Nebraska Coal and Lime con
pany was also fined 20 for using two chute
Another fine Of s. was assessed against n
Omaha Coal, Hay and Building Supply CON
pany for maintaining a subagency or a
agent for the purpose Of soliciting bushes
for them. Other fines for the same offeni
were also shown. County Attorney Sis
baugh showed these Items, maintainir
, they are In restraint Of trade
The cross-exarninatIon OF Mr.. Ostrom b
, gan shortly after the opening OF the ever
ing session. Mr.. Ostrom said the price Ii
raising the price Of coal from $40, q to $40.
was made up from lists turned in. by men
bers and that price represented the lowe
, one handed to him. 1t was developed TIL
Mr.. Howell, the defendant. was not presei
at this meeting. The witness said the pric
I named in the price list were not agre'
. upon, but It was simply a schedule OF Il
lowest prices named by the. dealers at Il
4 meeting previous to its issue.
, 80 far as you know did the Coal e
! change OF any OF its members ever ayr
to fix prices at any timer asked Mr.. Co
p nell.
80 far as I know they never did"
The lists, he said were made up wltho
concerted action, but represented mere
4. .