The Fulton County news. [volume] (McConnellsburg, Pa.) 1899-current, 1907-01-17
THE LICORICE TRUST
IS FOUND GUILTY
individual Defendants, However, Are
Acquitted.
GOVERNMENT WINS GREAT VICTORY.
Jury Finds That the J. S. Young Com
plny, of Baltimore, and the Mac
Andrews & Forbes Co. Formed an
Illegal Combination and Monopoly,
but Not a Conspiracy.


but Not a Conspiracy.
New York Especially The jury
returned with verdict of acquittal
as against the individual defendants,
Karl Jungbluth and Howard Il.
Young, and a verdict of guilty as
against the corporate interests
namely, the MacAndrews & Forbes
Company and the j. S. Young Com
pany.
Two corporations we're found gull
ty on two counts, one of forming an
Illegal combination and the other OF
being a monopoly. The corporations
were acquitted on the count charg-
ing conspiracy.
Counsel. for the defense at once
made motions for an arrest OF judg-
ment, and asked for a stay.
1t was charged that although the
government was nominally the prose
cutor, the trial had its real inuep-
tion in the minds of the independent
tobacco men of the country. who
hoped under the ramifications OF
the Sherman Antitrust Law, to learn
the secrets of the Continental To
bacco Company. 1t was declared
that there had been no proof OF
Illegal combination on conspiracy or
attempt to restrain or monopolizc
the licorice paste business. The evil
dence showed that the defendant
had willingly furnished the inde-
pendents with all the paste they
needed to carry on their business.
Attorney Nicoll also asked the jury
to remember that the Continental
Tobacco Company itself used S5 per
cent. of all the paste manufactured
in this country.
The only combination shown, Mr.
Nicoll concluded, had been the at
tempt of the defendants to effect a
situation that would give them the
control of the raw root market in
the Orient, and to enable them To
get a years supply of raw root to
protect them from being deprived OF
licorice paste, so necessary in the
conduct of their business. All men
he argued. had a right, under the
law, to protect their business inter
ests, and more than that the defend.
ants had not done.
GDtNidl GtItldl alt IL
the concluding argument for the
government, said he regarded this
as the most important case tried in
this jurisdiction in many years. Mr.
Taft denied that the independent
manufacturers has instigated the
prosecution. Not alone had an at.
tempt to monopolize the licorice
paste business been proved, he de-
clared but it had also been shown
that an attempt had been made tC
monopolize the sale of smoking and
chewing tobacco by getting contro
of the raw product necessary to the
production of those commodities
He read a letter introduced in evi
dence to show the defendants knew
their methods were in restraint OF
trade. The letter was written by Mr.
Rau, one of the agents of the de-
PENDANTS.
Judge Hough, in charging the
jury, declared that a general verdict
of not guilty would mean that al
of the defendants were not guilty oi
all the acts alleged in the iudict
ment, and conversely, that genera
verdict of guilty would mean that al
of the defendants were guilty of al
the acts charged. The court review
ed the evidence, dwelling particular.
ly upon the secretary with which the
alleged combination was formed, anC
instructed the jury that If they found
that single overt act alleged ha6
been committed within this district
it gave the court legal jurisdiction.
The defense presented a number
of points which it wished charged
to the jury, principally concerning
the question of intent, the major
portion of which the court refused
to charge.
The jury retired at p. NJ, ant
an hour later came to the courtroom
and asked the court If it would bt
permissible to return a verdict oi
guilty against the two corporations
and one of acquittal against the in
jividual defendants Judge Hougl
replied that if the evidence so war
ranted their finding, they were act
ing clearly within their power by
bringing in such verdict. There
upon the jury again retired