Omaha daily bee., 1906-12-07

presenting to the court. The apology Is
perfectly satisfactory TO the court and the
only thing that 1 object to and that
chiefly object to are the statements that
have been made to the jury and these
statements must not be repeated because
they will prejudice the jury, and a state
ment that the court is constantly coming
to the relief of the other side is one that
could have no other effect than that Of
prejudicinG the jury n anything gets
into the record that will prejudice the jury
It is the duty OF the court to strike It out.
After the incident the court lectured the
lawyers and directed the attorneys for both
sides should keep their seats during the
examination OF witnesses. Judge Sutton
ruled the first part Of the book offered by
Mr.. Connell should go out and also the
parts objected to by Mr.. Conner the day
previous. The Jury was brought back into
the court room and Mr.. Cornell announced
he had no further examination to make.
Small Dealer Is barred.
Andrew Jensen. a coal dealer on a small
scale, was called by the county attorney.
He said he had tried to get into the ex-
change last year. but failed. and was told
It was because he didn't have any track
age. At that time he was getting coal by
the carload lot. but after being turned
down he was able to get It only by the
wagonload at increased prices. He was
notified they could not sell him at carload
| lots, any more. Finally he got trackage
from the Belt line, but after that he did
not renew his application for membership.
] After he got the trackaEe he was also able
to buy in carload lots from the mine and
| from c. b. Ravens. He was asked II his
| df1culty IN getting tracbage was due to the
! 20 aN NJ - ~
! change. but an objection by Mr.. Cornell
was sustained. When the Coal exchange
price would change he would change his
prices. too.
James 7. Kemp. upon whom the state
depended to show a hard and fast price
list was made up and members complaint IS
against II they cut prices, did not tell what
was expected Of him when he went on the
| stand. He is a member Of the exchange
belonging in class Z, which does not have
the right TO vote. He testified at a meet
ing OF the exchange in July the members
held a discussion as to the price of hard
coal. but, some, Of the members got dis.
gusted and left the room He said some
sold at one price and some at another after
that. ,.-... Mess.
Change in Prices. nH .-e
After the-meeting WIS there change
N pricesT' he was asked.
"some went out disgusted and sold a.
one price and some at another"
The witness was somewhat reluctant =
lis answers. He said Secretary Wills came
o him and the question OF cutting prices
may have been discussed.
what do you mean by cutting prioesT'
asked Judge slabaugh,
why. n I was selling hard coal at SO 81
and some one else would sell It at SO and
get my customers away from me. d
course, we like to take care OF customers
even II we lose money"
County Attorney Slabaugh tried to ge
the witness TO admit he had made com
plant TO the secretary that other dealer,
were cutting prices but he declared h,
had not done so. as far as he could re
member, since April q, 1905. He said h
could remember discussing other things
but not cutting-prioes.
!. ',-, Carlyle COntradIcta Kemp.
James l. Kemp, who is alleged TO hav,
, repudiated on the witness stand at tn
morning session OF court a statement h
had made to the county attorney the da,
before, admitted at the afternoon session
he had had a conversation with M. 1
/ Carlyle, another coal. dealer regarding a
alleged cutting of price OF hard coal fror
so to $9B by NJ Rosenblatt, According I
: the county attorney Mr., Kemp said In hi
5 previous statement he had told M. 1
r Carlyle he was going TO take the matte
OF the cutting OF the price up before IN
) Coal exchange. On the witness stand Mi
Kemp denied that conversation, but sal
I he intended to catch Rosenblatt throug
{ the city weigher. as he thought he wa
= Swing false weights. ,.
. According TO Deputy County Attorne