Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1907-03-12
COAL MEN PILE ONTO CLUTE
ssvoral Indicted Dealers and Their En-
plOyes Contradict Bis Testimony
DENY REFUSING TO SELL TO HIN
Members OF Exchange Exhibit Pre-
miums In Court 60 Prove They
DID Solicit in Competi-
tion for Trade.

Several Of the indicted coal dealers and
a number OF their employees testified in the
Sunderland trial before Judge Troup Mon
day morning and they all with one accord
aid make denial Of the charges set up
against them by the state.
H. g. Rhoades, IN the employ Of F. Z.
Howell, said he never refused 10 sell coal
to r. M. Clute, a coal dealer in basket lots
Mr., Clutes testimony TO the contrary not
withdrawing. He admitted on cross-ex-
animation that Attorney Baldrige had read
to him parts from the testimony In the
other coal trial. 30 as to refresh MS
memory previous to going on the stand.
c. A. Grimes, yardmaster for G. w Hull
company, denied the statement made by
Andrew Jensen that Jensen had been re-
fused coal there because he was not a
member of the exchange. P. A. Haskell
Of Sunderland Bros. company denied he
ever had a conversation with Jensen about
coal. George F. West, general agent Of the
passenger department Of the Northwestern
railroad, was placed on the stand to prove
that the Ak Sar-Ben excursion to st. Paul
took place in October 1904 Jensen had
stated he met G. P. Brown, solicitor for
the Sunderland Bros company, when he
was going TO take the train for this eN-
cursion. and Brown told him he couldn't
get coal from the company because he was
not member Of the exchange This con-
verBation having taken place In October,
1904. was proved by the defense immaterial,
being barred by the statute OF limitations
Mr. Brown was placed on the stand and
testified he did not ask Jensen anything
about coal on the occasion OF that con-
versation.
Proof of Soliciting.
To prove the members of the Coal ex-
change were soliciting business in spite
Of the constitutional provision prohibiting
personal solicitation, the defense exhibited
a collection of articles given as premiums.
Match holders. Thermometers papers Of
pins and needles and other things were
shown. L. e. Howell on the stand said
he had gone forth as usual in the fall Of
1906 and Of 1906 with pocket full Of match
holders and solicited business.
"And what are these little half cups
for?" asked Mr.. Connell, holding up a
match holder.
ITO hold matches" replied Mr.. Howell
Il wanted to make sure" said Mr.. Con-
nell, they were not meant to hold a
'bushel' Of Clutes basket coal" The de-
Tense had alleged benevolent object In
barring the basket dealers from member
ship because they gave small measure.
Mr.. Howell was asked about certain en-
tries in the minute book of the exchange,
recording the fact that the dealers fled
their prices on coal" He said this printed
, list OF coal prices never governed him in
his business. He just hung II up in his
once and didn't pay any more attention
to It.
what was the object OF this filing OF
prices by the dealers with the secretary
and the printing Of the list?" asked the
county attorney.
"oh. that was just matter Of courtesy"
said Mr.. Howell
Strenuous Fight for Trade.
The fact was pretty well established by
the defense in the Sunderland case yes
terday that the members Of the coal ex-
change solicited for business in spite oil
the provision in the constitution and by
laws prohibiting personal solicitation. The
defense continued to introduce witnesses
during the afternoon for the purpose OF
proving this. II seemed there was an in.
exhaustibls supply Of coal dealers and Their
employees in the. hall, and one by one they
were called In and swore to the fact thai
they solicited strenuously for trade.
Each witness named a number Of people
whose orders he had secured by personal
solicitation. e %. Howell even declared he
had solicited County Attorney English and
Judge Troup.
Where aid You solicit Judge Troupr
asked the county attorney
WELL not on the bench" replied Mr.
Howell. But he did not remember where h
had called upon the judge for his coal order