New-York tribune., 1908-01-12
Nrv.yoRk DAILY TRIBUNE SUNDAY JANUARY T. 1908.

The nublic had supposed I'D to the d y Mr..
whelan testified, that the United Cigar stores
Company under the direct control and man
agement of the American Tobacco Company but
the evidence brought out by Mr.. McReynolds
showed this to be untrue. and that the manage
ment of the big corporation. now doing an an
nuaI business OF S13,00O.OOO. under the
direction and control OF President Whelan per-
sonaIly In fact. Vice-Presidents Hill, Dula,
Cobb and others testified that Mr.. Whelan did
not take their advice when it was offered him.
Mr. Cobb going far as to say that a request
from him that the United Cigar Stores Company
should not open its stores in certain territories
invariably tantamount to prompt opening
of stores in those territories.
Mr. whelan's testimony further showed that.
while he recognized the fact that the American
Tobacco Company owned a considerable stock
interest in the United Cigar Stores Company he
always considered Vice-President CobDs re-
quest keep out of certain cities with his stores
as pretty good indication that some other Gus
toner of the American Tobacco Company was
doing a good retail business there. and accord
ingly that few stores in that section would
prove a good investment. This, Mr.. Whelan
said he had found to be true, and, further that
he had discovered in dealing with Messrs. Hill,
Cobb. Dula and other officials of the American
Tobacco Company that it was always the inter
ests of the latter corporation they were trying
hardest to serve.
Equally interesting was Mr. Whelans recital
of how he founded the United Cigar Stores Com
pany and how he had gone TO capitalist and
corporation, including the American, in vain
endeavor to interest them in his plans None
was found he said, who could see anything ike
profits in the ownership and control of big
chain of retail cigar stores excepting himself
Wearfed at last with his unsuccessful at
tempts to interest capital, Mr.. Whelan said he
had capitalized his company for S2,OOO,OOO, in
order that the impression might go abroad that
the wealthy American Tobacco corporation was
really behind the enterprise. Even the Dig cor
poration's goods were showed to the exclu-
sion of others he said, as to strengthen that
opinion.
How well it succeeded Mr.. Whean told with
reminiscent smile. and also how 1t finally hdd
induced the American company to invest some
money with him. And to this part of the tes-
timonv no one listened with keener interest than
Mr. Duke, Mr.. Hill, Mr.. Dula Mr. CooD ana
the other officials of the big company present
pr+ with the stock purchase the American COM
pany's connection began and ended, according
both 10 Mr. Wheian and to other witnesses, who
testified that Mr.. Whelan himself held the relnS
of the big chain of stores and likewise dld the
driving.
AS to what results Mr.. McReynolds has
achieved time and the final verdict of the court
of last resort alone will tell. Certain 1t seems
that if the governments chief counsel mas hol
made out a case it is useless for any one else
to try Not point has escaped him, ana not
q stone has he left unturned that might ADD 10
his contentious of either law or fact put
throughout his work has been devoid OF muck
raking" features.
At the first it expected that MI Duke
testimony would prove the feature Of the exam
| ,nation: but now that the principal vice-presl-
| dents of the company. especially Mr.. HILL nave
| testified so fully, it is doubtful IL Mr. Duke
evidence will be anything more than corroOo-
rat tory.
This week will probably be occupied oy' nlr
| McRevnolds in gathering up the loose ends OF
his case allowing, of course for Mr. DUKES
testimony and then his work of examination
will close with the trip to the South AFTER
| that the suit will be entirely in the hands OF
| the LAWYERS and its outcome depends TO great
degree upon which side makes the better presen-
tation of its case. Another thing Is CERTAIN
neither side will rest with a decision snort OF
the court of last resort. the Supreme Court OF
| the United States and 1t, and 1t alone VIII
have the last and final say