Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1908-07-23
WILL BE BASED ON ERRORS.
Bonaparte Says Prosecutor Did
Everything to Protect Gov
ernment'S Interests.
Attorney General VIII Advise Him
Fully When He Shall Have
Received the Opinion.

Chicago, July 23--United States Dist.
Atty. Sims today announced positively
that a petition for re-hearing in tho
case of the government against tho
standard Oil company of Indiana de-
cided adversely to the government By
Judge Grosscup yesterday would be
fled Mr. Sims today received tho
following telegram from Mr.. Bona
parte:
81 feel that you and your assistants
have done everything possible 10 pro-
tect the inJerets Of the government
and promote Justice. | will write full
~ as soon as the opinion comes to
hand"
That the petition for re-hearing viii
be based on Two alleged errors in tbs
quoted portions of the opinion of Inc
court is the generally accepted opinion
Of attorneys interested in the case.
THE DEADLY PARALLEL.
Local newspapers today print par
alel statements taken from yester-
days decision ana from the record OF
the original trial
This from Judge Grosscup's opin-
ion, .......And carried out in the
ruling excluding certain proffered tes-
timony, including that OF one Edward
charge Of traffic affairs of plaintiff
in error. offered TO testify that.
he did not know anything about the
rs cent rate over the Alton road, that
his attention had not been called 10
any such rate by any person, or by the
examination of any document; and
that ii was his understanding and be-
lief. based on what he was told by
ono Hollands. tariff clerk for the Al
ton, that the rate over The Alton road
was 6 cents, and that such rate had
been filed with the interstate COM
merce commission"
BoGARDUs' TESTIMONY.
Following is the testimony OF Boz
gardus before Judge Lands as taken
from page 42S of the printed record
'1rhe witness. in response to ques-
tions by counsel for the Defendant
was permitted by the court. oyer the
obiection OF counsel for the United
States that the evidence was income
pefent and immaterial and merely the
conclusions of witness and not the
facts. to testify as follows;
During the years l have mentioned.
1901 -05 / did not see anything about
an is-cent per hundred rate on oil over
the Chicago & Alton railroad between
Whiting and East St Louis In any
tariff whatever. My attention had new
er in any way been called TO such a
rate by any human being, or by the
examination Of any document of any
kind or character. uT otherwise Dur
ing the period of time mentioned ~
was my understanding and belief that
This Scent rate regarding which | have
testified was fled With the interstate
commerce commission that UNDER
standing and belief was based on what
was told in the Chicago d Alton OF
flee by Mr.. Hollands.
a u-aTiOd of time IN
connection with their shipment of oil
over the Chicago d Alton railway by
the Standard oil company of Indiana
as its representative In that particular
work. / had no intention to violate any
lawfully established rate OF the chicago
& Alton Railway company. During al.
that time ! believed absolutely that
was shipping the oil under lawfully
esta blished and filed rate issued by the
Chicago & Alton Railroad company
WHAT lands MEANT.
The papers also print an excerpt
from the record that shows that where
Judge Grosscup states that Judge
Iandis referred to the Standard OH
company Of New Jersey as no virgin
offender. Judge Lands really referred
TO the defendant namely. tho stand
ard oil company OF INDIANA
The two points given II Is peiieVeu'
,rii form the groundwork OF the peti-
ton for a re-hearing-
ISSUE INVOLVED.
New York. July 23.-It was learned
TODAY through sources identified with
the Standard OIL company that tho
seq. $40 600 case is not likely TO go to
the supreme court OF the United States.
Nor is II believed the case will be re-
tried before Judge lands, as the
standard OIL company would protest
against Il and ask that. some other
Judge sit In the case The issues in
yolVe no constitutional questions such
as are necessary to take the action TO
the supreme court