Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-10-10
COURT ADMITS
JOHN DIS EVIDENCE
In Case Of Standard Oil Co.
Charged With Conspiracy
Against Trade.
TO SHOW JURY THE METHODS.


Fmdlay Ohio. Oct. l0.--After sharp
regal argument Of an hour and half
today, the testimony given by John ID.
Rockefeller IN 1898 before the supreme
court of the state. was admitted as
evidence in the trial here OF the Stand.
ard OIL company of Ohio, charged with
conspiracy against trade.
In admitting the evidence which H.
Eliminated the method of the standard
at that time, Judge Banker said IL was
simply to enlighten the jury as to con-
ditions prior to the period covered IN
the present suit and not to prove any
act during the past three years COW
cred by the suit.
Before this ruling was arrived at
Attys. Kline, Troup and Tolls for the
defense, had all made arguments
against admitting the testimony.
| Atty.-Gen, Ellis became active for the
| first time In the case by making the
| principal argument for the prosecu-
ton tavorng the admission OF evil
| dence.
The reading is expecting to consume
| the balance OF the day.
| 1t is the intention OF the prosecution
in the trial here of the Standard Oil
company of Ohio, for conspiracy
against trade to occupy the entire time
today In the submission OF documenta-
ny evidence. This evidence consists OF
the pleadings and testimony in the two
suits against the Standard OIL trust
before the supreme court OF the state
in 1892 and 1897, part of which was read
TO the jury yesterday.
The prosecution does not expect to
put any witnesses on the stand before
tomorrow.
Before the jury was brought into
court today. attorneys FOR the prosecu-
ton and defense held a preliminary ar
gument touching the competency OF
admitting the testimony of Mr., Rookie
Teller, given in the previous trial
"A corporation has no face except a
false face. IL Is n mantle that covers
the individuals in It, so that the head
of the company, when he speaks, speaks
for the corporation ITSELF" Mr.. Phelps
declared. Mr., Kline objected that the
president OF no corporation could by
his utterances, bind the corporation.
Judge Banker interrupted to remark
that the evidence was only offered to
show the manner Of doing business ut
that time. which, of course. would net
convict the defendant within the time
Of the present charge, but simply 90
show that such trust was formed
II, Is no excuse for evidence that IL
will do no HARM replied MI. Kline.
Would not the administration OF the
president OF the corporation be conclus-
i've as to the manner OF It's doing bus
iness?" queried Judge Banker.
Mp Klinp--NO eirs NOT af all ~
Judge Banker further stated that the
evidence was not offered 10 show
either the guilt or Innocence OF the de.
PENDANT.
Mr.. Tolls for the defense, replied 20
this that If II was not for that purpose
il was surely incompetent evidence. Mr..
Tolls maintained that the state by law
was absolutely barred from taking
deposition IN criminal case, hence II
was a travesty TO endeavor to admit as
"A corporation has no face except a
false face. II is a mantle that covers
the individuals in IL. so that the head
OF the company, when he speaks. speaks
for the corporation itself" Mr. Phelps
declared Mr.. Kline objected that the
president of no corporation could by his
utterances bind the corporation
Judge Banker interrupted to remark
that the evidence was only offered to
show the manner OF doing business at
that time, which, OF course, would not
convict the defendant within the time
Of the present charge, but simply Ia
show that such trust was formed.
TT Is no excuse for evidence that It
viii do no harm, replied Mr.. Kline.
Would not the administration of the
president Of the corporation be conclu-
sive as TO the manner OF its doing bus
iness?" aueried Judge Banker
Mr.. kline-"No sir, not at ALL
Judge Banker further stated that the
evidence was not offered to show either
The guilt or innocence OF the defend
ant.
Mr.. Tolls for the defense. replied to
this that II II was not for that purpose
1t was surely incompetent evidence. Mr.. |
Tolls maintained that the state bylaw
was absolutely barred from taking a |
deposition, in a criminal case, hence Il |
was travesty 10 endeavor to admit |
q deposition taken In another case.
Atty Gen. Ellis said he could not |
do this duty to the state II he did not |
give his Judgment IN the case
Clearly. In my opinion. this evil |
dence IN admissible he said He fur
Their maintained that In giving the tes-
timony In question Mr.. Rockefeller was
acting FOR the corporation ana that IN |
he could not and did not so act there
would be no way whatever OF proving
any acts of n corporation,
Judge Banker admitted the testi-
mony as competent His ruling came
at the conclusion Of an argument OF
an hour and half.
III the answers of Mr.. Rockefeller"
he said, tended TO prove any act with
In the three years covered by this suit,
the objections might be valid, but It is
simply desired to show the acts of the
corporation prior to that time
An application Of Mr.. Kline to take
a smoke resulted IN a brief recess OF
court at 1890.