Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-03-10
STATE ENDS IN COAL TRIAL
Finishes It's Case ID .sm5,r Bzoha-ee
en- Nitnass Stand.
DEFENSE CONTRADICT, SOME TESTIMONY
Puts on witnesses who Decay state
ments that Exchange Members
Refuse to Sell TO Nom
Members.

L. w. Bunnell a member OF the Omaha
Coal exchange. went on the stand for the
state in the Sunderland case yesterday
afternoon, but his evidence did not develop
anything startling. He was the last wit
ness put on the stand by County Attorney
English and the defense started out with
several witnesses in denial OF the tesu-
mony Of Fred NJ. Clute given in the fore
noon to the effect members of the exchange
had refused to sell him coal because he
was not a member Of the exchange.
Strenuous objections were made by At
torney Cornell when Bunnell went on the
stand. Bunnell is a defendant in the case
and Connell is his attorney, and this led
the latter TO demand the right to claim ex-
emption from testifying because the testi-
mony might tend to incriminate the wit
ness. The court held the attorney could
not claim this exemption, but the witness
might and after being asked by Conneli
whether he wanted to claim his exemption
or waive IT the witness said he would
claim It.
ION what ground" asked Deputy County
Attorney Elick.
"It would tend to incriminate me-" was
the answer
s,, Law Against the Point.
statute under which the case is being
prosecuted and found a provision to the
effect that a witness could not be excused
from testifying because the testimony
might incrfminate him, but that he could
not be prosecuted fer anything he might
disclose. This led Judge Troup to reverse
his ruling ard Bunnel had to testify.
Bunnell told how price lists were mad
mp He said after he had handed his list
Of prices to the secretary of the exchange
he did not change them without giving
notice He said he sold at the prices
named on the card issued by the secretary
and would usually telephone the secretary
10 find out If changes had been made at
meetings he did not attend.
The state finished its case about 3 O'Clock
and c. s. johnson went on the stand and
denied the statement of Il. NJ. Clute at the
morning session that ne, Johnson, had re-
fused to sell Clute coal because he was not
a member Of the exchange, He said he had
never refused to sell Clute coal and pulled
out a memorandum which he said contained
entries showing sales to Clute during the
period in question. NJ. Rosenblatt. l.. W.
Harmon and J. c. Weeth also went on the
stand and denied they had ever refused to
sell coal to Clute or anyone else who had
the money to pay for 1t. At o'clock court
adjourned until Monday morning.
CIute Tells His Side,
Fred NJ Clute. formerly basket dealer,
who claims to have been driven out OF
business by the Omaha Coal exchange. was
the only witness examined in the Sunder-
land trial before Judge Troup Saturday
morning. He testified he had been refused
admission TO the Coal exchange and that
the members of the organization refused to
sell him coal for the alleged reason the
exchange objected to selling to nonmem-
bera
The examipation of the witness proceeded
slowly because of the numerous objections
by the defendants attorneys.
Clute said he had been IN the coal bust
ness In Omaha at two different times at ,
1904 Cass street and the second time during
the winter and spring Of 1905 and 1906 at
Sixteenth and California doing principally
a basket business. During the first period.
he said he had made application for MEM
bership in the exchange several times. but
was refused.
Dealers who Refused Him.
The dealers who refused him. according
TO his testimony, were c. B. Havens COM
pany, L. A. Harmon, c. s. Johnson and ".
Rosenberg He said he was told by an
employe OF the Ravens company that the
refusal was based on the fact that the
Omaha Coal exchange objected TO its men,
bers selling to nonmembers but the an
swer and questions were ruled out on the
grounds IL was not shown the employee
was authorized to make the state
ment by any member OF the exchange.
Later the same testimony was admitted as