The Mena weekly star., 1906-10-11


 suming Jurisdiction and the Method of Instituting the Suit Is Upheld 1t Win
 Greatly Simplify Future Proceedings
 Against Trusts.
 Findlay, O., Oct. 10.--Charged with conspiracy against trade" in viola tion of the antitrust laws of the state, the Standard Oil company of Ohio and its alleged constituent com panies. the Buckeye Pipe line and the Manhattan oil company, was placed on trial here Tuesday before Judge Gideon c. Banker and a jury in the probate court of Hancock county. In the original information filed last June by County Prosecutor William l.. David, John D. Rockefeller was made party to the suit, but through the granting of a request for sepa- rate trial MT. Rockefeller will not be called as defendant until the case against the company has been dis posed of. Mir Rockefeller, it is said, will not be summoned as witness and will not attend the trial. If the manner of instituting thesuit by information instead of by grand jury indictment-and the jurisdiction assumed by the probate court, are up- held in the higher courts. the case will assume added importance, as in dicating an easier and more direct method for action against alleged trade conspiracies.
 Both the manner of bringing the suit and the jurisdiction of the pro- bate court have been questioned by the attorneys for the defense, but Judge Banker has decided against them on all points. and no appeal can be taken on these preliminary ques- tions until after the case has been tried.
 Judge Banker ruled that a viola ton of the Valentine law constitutes a misdemeanor. and that the last ses- sion of the legislature gave probate courts concurrent jurisdiction with common pleas courts over all misde- meanors.
 To this ruling, as well as that on other technical points, the defense took exception.
 The Valentine law under which the action is brought was passed July 1. 1898 It defines trust elaborately as a combination of capital, skill or acts by two or more persons. firms, etc, to create or carry out rcstric- tions in trade The violations of the act are defined as conspiracy against trade" and punishable by fine of from $50 to $5,000 or Imprisonment for from six to 12 months. As to the evidence required to convict, the statute says:
 Tt shall be sufficient to prove that trust or combination as defined herein exists. and that the defendant belonged to it, or acted for or in con nection with it, without proving all the members belonging to 1t, or pro ducing any article of agreement or any written instrument on which it may have been based; or that 1t was evidenced by any whitten instrument at all. The character of the trust or combination alleged may be estab- lished by proof of it's general reputa- ton as such.
 Not a hundred persons were pres- ent when the court convened at nine o'clock Tuesday morning. Wade H. Ellis, attorney general of Ohio. and C. E. Harrison, of his office, were present to aid the prosecution.
 The work of selecting the jury be- gan without delay Prosecutor David accepted the first 12 men drawn. At torney Kline, for the Standard, how ever, had the court excuse three of the 12 on their statement that they had formed an opinion in the case. A jury was secured in the first hour and 50 minutes of the trial. Twenty one talesmen were examined. A re- cess was then taken until l:30 o'clock Judge Banker cautioned the jury to talk to no one regarding the case and 10 report to the court any attempt