Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-03-08
COURT AND LAWYERS MEET
Judge Troup Calls Coal Exchange Witness
Walter Wills, Hostile.
ATTORNEY CUNNELL TAKES EXCEPTION
Frequent Objections by Counsel Tend
90 Retnrd Progress of the
Trial of James A.
Sunderland.

Progress in the coal trial was extremely
slow Thursday morning. Walter Wills
secretary of the Omaha Coal exchange
was ON the stand. County Attorney Eng
fish asked preliminary questions showing
the existence of the organization July l,
1905. and that many, at least of the men
indicted were members. Mr.. Cornell and
the other attorneys for the defense were
on their feet frequently making objections
to nearly every question asked. Mr.. Con-
nell's objections covered wide range. lie
objected to some questions on the ground
that they confused the witness and the
jury and took up time and encountered the
record. He was overruled by the court in
| nearly every instance
Upon one proposition the defense took
determined stand and upon this question
argument continued past noon. At the aft
ernoon session the defense was overruled
and the county attorney allowed 30 intro
duce the evidence. 1t resulted from
the move of the county attorney
! to show that the Omaha Coal ex-
change was so organized as to shut out the
small dealer. The county attorney was
proceeding to show the status of the five
classes II dealers into which members of
the exchange were divided, and to demon,
strate how hard it was for the small
dealer without a yard or trackage4 of his
| own TO get into the Organization. 1t re-
quired unanimous vote of the members
Of the exchange to allow such dealer to
have membership. and without membership
he was compelled to buy his coal from one
OF the big dealers.
'. ,~"Not Mentioned in Bill. s@
| The defense objected to the admission Of
evidence upon this point on the ground
that It is not mentioned in the Indictment
The state held it to be one Of the specific
acts by which the exchange had restrained
! trade and fixed prices of coal as alleged
in the Indictment. Mr.. Stout began to argue
thi9 point to the court soon after IL O'Clock
and at noon Mr.. Cornell was still talking
| on the question. The argument was con-
cluded soon after the noon recess.
The resignation OF. Sunderland Bros. from
| the Coal exchange was introduced in. evil
dence and also the resignation of James A.
Sunderland from the board of directors
The letter commended the organization on
having placed the coal business in Omaha
Goa legitimate basis" and promised to CO.
operate in the future in maintaining like
| conditions"
The letter was dated July 25 1905 The
minutes showed the resignation was not ac-
cepted. but a constitutional amendment
was adopted which would allow the Sun
derland Bros. company to retain member
ship and George p. Cronk was appointed a
| committee of one to wait upon the COM
pany in regard to this
| Though the court showed much distaste
! for the frequent long objections on the part
! Of the defense, there was only one instance
when this approached the serious. 1t was
! on Judge Troup's characterization of Mr..
] Wills as a witness.
1T is evident to the court that the wit
ness is a hostile witness" said the judge.
Now. we object to the statement and
remark Of the court as prejudicial and not
in accordance with the fact" exclaimed
Mr.. Connen. There is no reason why he
should be characterized hostile He
doesn't know, that's all. And the same
will be true of other witnesses"
The court replied that such, at any rate,
| was his conclusion. Mr.. Cornell insisted
the witness was not hostile, but only eau
tious 8.r..
Wills CrOss-Examined.
! The cross-examination OF Walter Wills
formerly secretary Of the Omaha Coal ex-
change, failed to disclose anything of a
startling nature yesterday afternoon. Wills
said he received schedules of prices from
each coal dealer in the exchange at GER
tain times and that he made out an Official
price list taxing lHe LOWEST price quoleu
by any dealer on a given grade OF coal
and making that The officIal price of the
exchange. These printed lists he dis
tributed to all who wanted them. He
said any member could change his price
at any time, but this change had to be
acted upon by the members of the ex-
change before II could become official. He
said II was also his duty TO see that no
dealers gave short weight or dealt in in
ferior coal
question by Mr.. English asking
whether II was not his duty to see that
no soliciting was done and no prices cut
was strongly objected TO and the court
sustained the objection.
Henry r. Ostrom. formerly secretary OF
the exchange. followed Mr.. Wills In testi-
flying He was unabIs TO identify any Of
the signatures attached to the constitution
and bylaws of the exchange. The county
attorney threatened 10 subpoena all the
| nan tndIctpd IN Identify their signatures