Omaha daily bee., 1907-03-14
ia, SUNDERLAND NOT GUILTY
Verdict Of Jury in Trial Of Csal Man
CHARGED with Trustism,
FOUR HOURS AFTER GETTING CASE
second Trial OF Coal Exchange Men
Under Indictments Returned
Last Fau by County
Grand Jury.

mot guilty"
That was the verdict Of the jury in the
case OF James A. Sunderland Of Sunder-
land Bros. company, tried before Judge
Troup OF the district court on the charge
OF conspiring in restraint of trade as a
member OF the Omaha Coal exchange, al
legged TO be a trust. The jury went out at
43O D. m. and returned about $3.50 after
taking time to eat dinner This is the
second case under the indictments returned
last fall the first being that of S. e.
Howell president of the exchange. who
was found guilty.
After eight days of trial and argument
the coal mems case, in which the state is
prosecuting James A. Sunderland on the
charge of being a member Of the Omaha
Coal exchange, alleged to be a combination
n restraint of the coal trade in Omaha,
vent to the jury at $3.50 o'clock yesterday
fterncon.
The argument consumed more than a day.
County Attorney English closed it at 3
o'clock yesterday and the reading OF the
instructions consumed an hours and half
The county attorney pointed out that An
drew Jensen had been refused membership
in the coal exchange and pertinently asked
what Jensen wanted in the exchange II he
could buy coal just as cheap without be-
longing to the exchange and paying quar-
terly dues He remarked sarcastically that
he did not ask to join in order to aid in the
alleged benevolent objects Of the organiza-
ton.
Evidence had been introduced by the
coal men to show that soliciting had been
done in spite OF the provision in the con-
stitution prohibiting personal solicitation.
The county attorney pointed out that this
soliciting had been done only by the big
dealers OF class A.
After getting the little fellows bound
hand and foot the big fellows went in to-
gether and did what they pleased de-
clared Mr.. English. THE little fellows
were fined when they tried to solicit"
COurt Defines Trust.
In giving the instructions, the court gave
the jury the definition Of trust, comb
nation Of capital skill or acts to fix prices
on any article with the intent to prevent
others from carrying 'on the same bust
ness"
The contention of the defense that James
A. Sunderland was not a member of the
exchange except through the firm of Sun
| derland Bros. of which he is president,
was thrown out by the court, the instruc-
! lions being that If it was found he did or
/ participated In any unlawful acts as an Of
, icer of his company he was equally guilty
as though he did them as an individual.
The constitution and bylaws of the ex-
change, il carried out, were in violation OF
| the law, said the court The requirement
upon members to list their prices with the
secretary Of the exchange on the second
and fourth Fridays of each month, the pro-
hibition Of personal solicitation for trade
the refusal to sell coal to dealers not mem
bers of the exchange, were all in violation
| OF the law.
Three of the instructions asked by the de.
| Tense were given by the court and on the
whole attorneys for the defense were salts.
| fed with the instructions.