Arizona republican., 1907-01-10
GOVERNMENT
 SCORES ONE
Conviction of $. J. TribOIet
 In Trust Case
The Other Defendants Managed to Drop out Earlier In the Game.

The government made it's first score yesterday in the trust cases by secur- ] ing the conviction of s. J. Tribolet of f taking part in the violation of the | sherman antitrust law. This ends the ] trial of the trust cases for the term. ! Mir. Tribolet was one of the defend ants in the case of the United States against P T. Hurley and others. There were personal indictments against each ! MT. Hurley and MT. Tribolet and one against the Phoenix Wholesale Meat and Produce company.
 l After the taking of more evidence yesterday morning the defense moved | for the dismissal of the case against
 the company. This motion was all | lowed and as MT Hurley had been called as witness by the government he too was "out from under" 1 The testimony of yesterday brought
 out nothing new concerning the doings
 of the defendants and the case was i concluded at noon. In delivering his i instructions the court informed the ! jury that neither the company nor MT | Hurley were to be considered. In the case of the company it had not been shown that il had been guilty of any acts alleged in the indictment but il | was for the jury to determine whether Mr. Tribolet had committed any act ! in criminal restraint of trade. The ! jury was reminded that many of the | contracts between men engaged in the same line of business for the further ance of their trade, though they tended to restrain trade. were not criminal. It had been charged that the purchase | by Messrs. Hurley and Tribolet of the
 business of A. Weller was accomplished for the purpose of destroying compe- tition. That was one of the things for the consideration of the jury. It had
 also been charged that for the same purpose the defendants had obtained control of the Comparative Meat com pany.
 The jury was instructed that that had not been proved but that on the contrary it had been shown that the Co-Operative company being corpo- ration the defendants had not sought control of it in the only way in which they could have obtained it. They had bought none of the stock of the com pany and had never put themselves in a way to influence the management
 of it.
 They had. however, secured the | closing of it by the legal process of attachment in a suit brought against it for the collection of a note. Regarding the testimony that after
 the organization of the Phoenix Whole sale Meat and Produce company prices
 of fresh meats had been raised the
 jury was instructed to take into con-
 sideration also the testimony that at { the same time of year prices usually
 advanced
 Beside. the court pointed out the
 raising of prices was not necessarily
 a movement for the destruction of competition; more frequently compe-
 tition was destroyed by a lowering Of
 prices
 structions were brief and the case was submitted late in the afternoon. The
 verdict was found before o'clock
 The next move will probably be in
 an arrest of Judgment and a motion to
 set aside the verdict of the jury on the
 ground that it is unsupported by the
 evidence.
 Though the matter of the Co.,
 Operative Meat company had been
 practically eliminated by the instruc-
 tions from consideration by the jury.
 1t is thought that that greatly deter
 mined the verdict for the forcing of
 that concern out of the field. though
 done in a legal manner was more cal
 culated to prejudice the average mind
 than any of the other facts com
 plained of.