Omaha daily bee., 1907-03-06
STRUGGLE FOR EXISTENCE
This ia What ". ]. oOunsll Eays sO-Csllsd
Coal Trust Il,
Jury SECURED AND TRIAL PROCEEDS
Several Hours Consumed In Argument
of Motion Against Testimony
on Ground No Crime
IL Alleged.


q. w. I Mibbier. isii South Fifteenth Ccol-
cha Is townsend. Florence. teamster.
p. l.. Van Dorm, 500 South Twenty-second,
w. II. Murray, 1901 South Twenty-ninth
avenue, Junior assistant general passenger
agent Union Pacific.
Ernest Gibson, 616 South Twenty-ninth.
Charles A. Peterson, AH Chicago, fore
w. 3. wycofT, 1870 Dodge, motorman.
Charles w. Hem, 14l5 South sixth. =.
Frank Dwarak, 2S5 North Twenty-first,
South Omaha, grocer.
g. NJ. Billings, 1891 Decatur, carpenter.
This Jury for the trial OF the second Goal
trust" case, that against James A. Sunder-
land, was secured and sworn In at 10 O'Clock
Tuesday morning. Most of the remainder
OF the morning was taken up In the pre-
liminary statement to the jury by County
Attorney English for the state and by w.
J. Connell for the coal men. The latter
took more than an hour TO his statement
It partook so much OF the nature of an
argument that the county attorney inter-
rupted him a number of times and pro-
tested to the court At one time the county
attorney said:
II think counsel ought to be reprimanded
by the court"
Judge Troup then warned Mr. Connen to
confine himself only to what was legitimate
in a preliminary statement and Mr.. Council
said he would leave out argument until
the end of the trial.
In his preliminary statement Of what the
state intended to prove the county at
torney reviewed the manner Of organization
| Of the Omaha Coal exchange, showed that
the dealers were divided Unto five classes,
that initiation fees were so for the first
class and 50 for other classes, that the
organization dated from April 3, 1903, that
quarterly dues were payable OF SIS, $50. SIS,
SIS and 50 for the fve respective classes,
and that the charges embodied in the nine
counts OF the Indictment found by the
grand jury against the ifty-four Omaha
coal dealers are fixing the prices of coal
and preventing soliciting.
| STRUGGLING for Existence.
Mr.. ConneIl started In with his state
ment by declaring that the dealers instead
! of being "coal barons' were struggling
for existence with profits scarcely sufficient
to make the books balance at the end OF
the year" He declared they had never
| fixed or attempted the price OF coal. He
was going on into history Of the cause OF
high prices on coal-for he and his clients
admit that 1880 is too much a ton for
hard coal--when he was interrupted by Mr.
English and the court sustained the OBJ
lection and told Mr.. Connell TO confine him.
self TO offense committed or alleged to
have been committed within this county.
Mr.. English had said the indictment wa
''voluminous." Mr.. Connell characterized
II rather as "blunderbus." He said II
was drawn up to make a noise rather thar
10 produce any good end and he followed
the illustration by saying itwould do more
damage by the kick at itsfbutt than by the
execution done from the muzzle.
He declared the evidence would show
that the Omaha Coal exchange, far from
being trust or, an unlawful organization
was organized for the benefit OF the patrons
of the coal dealers as well as Tor the. deal.
ers themselves.
when ne had proved the harmless and
even beneficial nature Of the organization
Mr.. Cornell said the evidence would show
further that ]. A. Sunderland was not 6
member Of the exchange. II was the flrn
to which he belongs which maintained q
membership. He said the evidence would
show that James A. Sunderland resigned
from the exchange in 1905
Competition by Prizes.
Far from restraining trade, he said. each
member Of the exchange had continued tc
give away pins, needles. thermometers and
every conceivable kind OF premium as in
ducements to patrons to buy his partic,
ular brand Of coal.
After Mr.. Connell had finished Wallet
Wills was placed on the stand. but before
the taking of evidence could begin Attor.
ney H. H. Baldrige, for Mr.. ConneIl. mad,
a motion Directing to the INTRODUCTION OF
any evidence on the ground that the in
dictment does not charge crime. Thi
Is practically the same as the motion Il
quash argued at length before Judge Sut
ton In the Howell case and finally over
ruled by him.
The argument on the motion to quasi
continued throughout the afternoon and
was not completed when court adjourned
for the day.
The twelve Jurors will be kept together
and under constant guard until the Close
Of the trial. Judge Troup expressed re
greet that he found 1t necessary to ordei
this confinement and offered each Juror I
chance to communicate with HIS family and
friends to notify them that he cannot bC
home until the trial is completed.