Omaha daily bee., 1907-04-14
Defendant at Cncs Gives Notice Of Motion
for New Trial
NJ 'XMUM FINE NEARLY THIRTY MILLIONS
Minimum Penalty is Little Less Than
Million and halt.
PRINCIPAL BASIS OF THE DEFENSE
Company Contcnded that Il Did Not
Know Rate Paid was Less
Than the Published
TarIm.

CHICAGO. April 13-The Standard OH
trial for the last six weeks before Judge
E NJ. lands, in the United States district
court on the charge Of having received
rebates from the Chicago 4 Alton railroad
shipments OF oil from Whiting, Ind, to
Fast St Louis ILL.,, was found guilty to-
night on li63 counts out OF the original
l,SS In the indictment The remaining iiO
counts were dropped from the indictment
on account OF errors II the verdict Is
sustained the oil company is liable to a ine
OF S29 100000, as the Eltins law, which the
! indictment charged the company with hav-
ing violated provides a fine Of 1900 to
$4,000 for each ofTense. Pending a motion
for a new trial, which John S. Miller chief
counsel for the defense announced would
be made Immediately, no action will be
taken by the court towards collecting the
fine.
The indictment charged that in the ship
nent Of 1903 cars Of oil over the Chicago
terminal transfer and the Chicago & Alton
railways from Whiting, Ind. to East st.
Louis, by way OF Chappell. ILL.,, the oil
company accepted a rate Of cents for 1OO
pounds when the published rate was Is
cents Early I'm the trial attorneys for tho
defense endeavored to have all the counts
In the indictment thrown out on techni-
calities, but the court ordered that each
count be considered separately which was
done. After great deal of arguing, the
counts In which errors were found were
dropped. The defense then devoted it's
efforts toward proving that the company
was unaware that the special rate" had
not been filed with the Interstate Commerce
commission, as provided by the Elkins law
Evidence was offered by the government
showing that 1t WAS the duty of the COM
panys officials to see that rates accepted
by them were in the hands of the Interstate
Commerce commission. Touching on this
part OF the evidence, Judge Lands in hls
charge to the jury, said:
The indictment alleges that the de-
fendant accepted a concession knowingly
To sustain this averment the proofs need
not establish that the defendant had
was the duty OF the defendant diligently
TO endeavor in good faith to get from the
Chicago a. Alton Railway company the
lawful rate by applying to one OF the
company's Offices. In making this en-
deavor the defendatn is presumed TO have
known that the railway company would
be guilty of a misdemeanor II II ls.ve the
defendant rate on Interstate traffic which
was not set down on paper and a CODY
Of the schedule filed with the Interstate
Commerce commission.
In regard 70 the assertion by the de-
fense that the Standard OH company did
not know OF the existence OF the tariff
on which the indictment was based, Judge
Lands said that the evidence submitted
by the government went to show that
there was a department In the Standard
Oil company which dealt with oil in lots
less than one car load and that It would
have been absolutely necessary for the
head Of this department TO be familiar
with the tariff in question.
The jury was out less than three hours
and reached the verdict on the first ballot,