The Montgomery advertiser., 1907-03-06
STANDARD OH. CASE.
Assistant District Attorney Opens Bes
 fore Judge Landis

fore Judge LNn0tS. l Chicago, March 5.--In the trial of the liStandard oil Company of Indiana be- fore Judge Landis today Assistant Dis triet Attorney James II. wilkerson opened the case for the government. i He reviewed the charges set forth in l the indictment, claiming that the stan dard Oil Company had accepted rebates from railroads on shipments of oil from Whiting. Ind, to East St. Lous, Ill.,, | in direct violation of the law. At the conclusion of MT, Wilkersons' address, Attorney Miller, for the de- Tense said that the opening address for the defense would be reserved until af- ter the government had introduced its evidence.
 District Attorney Sims introduced a certified copy of the articles of incor- poration Of the Standard oil Company of Indiana and read 1t to the jury. The district attorney then read sev- eral freight schedules, showing that one of them filed with the interstate commerce commission January ,, i900 made tine rate on oil between Chicago ands certain other common points to East St. Louis 1s-cents per hundred pounds. It is this rate which the gov ernment claims that the oil company and the railroads disregarded by giving and accepting of rebates,
 The first witness was Horace Tucker, chairman of the Chicago and St. Louis Traffic Association in is9es. MT. Tuck CTS residence now is in New Rochelle. N, Y. He was asked how many rail- roads were in the association and re- piled:
 There were four when it was pay ing expenses, but there were about ten others at one time"
 Asked as to whether the Chicago and Alton was member he answered in the affirmative and he was asked who was representative of the road.
 Fred A. Wann, the freight agent" he replied.
 He then declared that Mir. wann or some other representative of the. Al- ton road had eognizance of the making of the rate on oil and of it's incorpora- ton in the schedule.
 Mir. Tucker was on the stand during portion of ttfe afternoon and was questioned regarding the sending of printed tariffs to the various rail- roads.
 On cross examination. he said that at the conferences of the railroad rep- formulated, coal. oil, coke and grain, were not discussed.
 The witpess said that 1t was gener- ally understood that these comnnodI~ ties were exempt from the tariffs and were left for the roads to issue indI- vidual tariffs s
 During the cross Examination Mr Tucker was asked the names Of the four railroads, members of the asso- eiatton which he had referred in direct testimony and answered that they were the Chicago and Alton; Chicago Burlington and Quincy; the Illinois Central and the Wabash Railways.
 F. H. HoIlans. tariff clerk of the Chicago and Alton Railway was the sec- ond witness. He identified distribu- ton sheets and the sending of tariffs to agents of the railway and books of receipts from the interstate commerce commission for tarins filed with 1t. At- torney Miller for the defense, by aues- tions forced the witness fo say he had no knowledge that the tariffs reached the persons or corporations whose names were on the list. the witness saying that he gave the boy in charge of the mails instructions to send them out. Some of the tarirfs were shown to the witness but after great deal of questioning he declared that he could not identify them.