The Washington herald., 1908-07-23
BONAPARTE HOPES
FOR A NEW TRIAL
Continued fromsPage One.

Judges. after full discussion. might rea-
sonably disagree
In view Of the courts ruling. that the
shipment Of each car does not constitute
a separate cffense. there could not have
/ been more than thirty-six onenses COM
uitted IN the case tried. IN which the
minimum fne is S550-0 and the maximum
fire $72e,CC0."
Sims Discusses Case.
United States District Attorney Sims.
who prosecuted the Standard Oil case be
fore Judge Lands. In speaking of the de-
cision, said.
4 have absolutely no comment to make
upon the courts attitude in the matter
The opinion was concurred in by all three
judges and must be accepted without
question"
The decision, however, does not wipe
out the oTeuses that were charged. It
merely places the case back at exactly
the same point where il was when pend
ing before the district court. except that
the number OF offenses is not as great as
we contended-
1t was our contention that the re-
bates on each car shipped constituted an
OfTeuse. but the court has held that the
separate rate offenses are constituted in
the lots OF shipments instead OF individual
cars
This viii reduce the number Of counts
from I4G2 upon which the maximum
GHe was assessed by Judge Lands. TO
about 80 counts
VIII You take Up the case and prose-
cute It as>ain2'' SIr Sims was asked.
I cannot answer that question def
~lr# t.
have already wired the Attorney Gen
eral. and whether or not we Will again
take up these cases VIII depend upon the
decision Of the department"
Can Be Ready soon.
In the event il Is decided 20 again
prosecute the case. we can be ready TO
so ahead with il IN weeks time, OF
say two weeks at the most Il may be.
however that We viii not take up the
matter before fall"
3Ir. Sims said that. including the counts
upon which Lands -'assessment'' was
made, there are now existing in this dis
trict alone against the Standard Oil Com
paEy about 6.tOe counts.
He said he felt quite confident in the as
suranre that the prosecutions would not
be deferred IN the slightest on account Of
this decision
While the district attorney said the gov
eminent had -lirty DAYS iu which 10 ap-
peal for a reEearing by the United States
Court OF Appeals. DE did not give any as
surauce that he would take that step.
Judge Lands Mum.
Chicago. july Judge Lands was IN
COnCerueL-y sJrUIlinE down q corridor 20
bis chambers to-day when a crowd Of
newspaper ueu on their way 20 the Court
Of Appeals greeted him
7 am glad YOU boys. and not myself
have 90 DO with that case to-day he
remarked. with smile he thereupon
disappeared in HIS ofEce. and after the
higher courts decision had been an
aouaced be declared he had no comment
70 make.
United States District Attorney Edwin
sims said
What has happened was not expected
However, We shall make the best Of H.
Undoubtedly there VIII be an early re-
trial OF the case
John s Miller. Alfred D. Eddy. Morltz
Roseuthal. and ChaUncey Martyr. who
did the active work iu defense OF the oil
corporation. gathered IN happy group
in the courtroom
We are free 20 confess that the de-
Ctsl0n IS gratifying 10 u.s. said AIr. Nil
Ter. although 1t is nothing more than
we expected"