The midland journal. (Rising Sun, Md.) 1885-1947, 1907-01-18
THE LIC0R|CE TRUST
IS FOUND GUILTY
Individual Defendants, However, Are.
Acquitted.
GOVERNMENT WINS GREAT VICTORY.
Jury Finds That the J. S. Young Com
pIny, of Baltimore, and the Mac
Andrews & Forbes Co. Formed an
Illegal Combination and Monopoly,
but Not a Conspiracy.

New York (SpeciaD The jury
returned with a verdict of acquittal
as against the individual defendants,
Karl Jungbluth and Howard e.
Young, and a verdict of guilty as;
against the corporate interests
namely, the MacAndrews & Forbes
Company and the j. S. Young Com
pany.
Two corporations were found gull
ty on two counts, one of forming an
illegal combination and the other of
being a monopoly. The corporations,
were acquitted on the count charg-
ing conspiracy.
Counsel for the defense at once
made motions for an arrest of judg-
ment, and asked for a stay.
1t was charged that although the
government was nominally the prose-
cutor, the trial had it's real incep-
ton in the minds of the Independent
tobacco men of the country, who
hoped, under the ramifications of
the Sherman Antitrust Law, to learn
the secrets of the Continental To-
bacco Company. 1t was declared
that there had been no proof of
illegal combination on conspiracy or
attempt to restrain or monopolize
the licorice paste business. The evil
dence showed that the defendant
had willingly furnished the indie
pendents with all the paste they
needed to carry on their business.
Attorney Nicoll also asked the jury
to remember that the Continental
Tobacco Company itself used IS per
cent. of all the paste manufactured
in this country.
The only combination shown, Mr..
Nicoll concluded, had been the att
tempt of the defendants to effect a
situation that would give them the
control of the raw root market in
the Orient. and to enable them to
get a years supply of raw root to-
protect them from being deprived of
licorice paste, SO necessary in the
conduct of their business. All men,
he argued, had a right, under The
law, to protect their business inter
ests, and more than that the defend
ants had not done.
Special Attorney General Taft, in
the concluding argument for the
government, said he regarded this
as the most important case tried in
this Jurisdiction in many years. Mr..
Taft denied that the independent
manufacturers has instigated the
prosecution. Not alone had an at
tempt to monopolize the licorice
paste business been proved, he de-
clared but it had also been shown
that an attempt had been made to
monopolize the sale of smoking and
chewing tobacco by getting control
of the raw product necessary to the
production of those commodities.
He read letter introduced in evi
dence to show the defendants knew
their methods were in restraint off,
trade The letter was written by Mr.
Rau, one of the agents of the de-
PENDANTS.
Judge Hough. in charging the
jury, declared that n general verdict
of not guilty would mean that all
of the defendants were not guilty CT
all the acts alleged in the indict-
ment, and conversely, that general
verdict of guilty would mean that all
of the defendants were guilty of all
the acts charged. The court review
ed the evidence, dwelling particular
ly upon the secretary with which the
alleged combination was formed, and
instructed the jury that If they found
that a single overt act alleged had
been committed within this district
it gave the court legal jurisdiction.
The defense presented a number
of points which it wished charged
to the jury. principally concerning
the question of intent, the major
portion of which the court refused
to charge.
The jury retired at 5 p, M. and
an hour later came to the courtroom
and asked the court if it would be
permissible to return verdict Of
guilty against the two corporations
and one of acquittal against the in
1ividual defendants. Judge Hough
replied that if the evidence so war
ranted their finding. they were act
ing clearly within their power by
bringing in such verdict. There
Upon the jury again retired.
Farmer Boy Wcds Girl OF Wealth