New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1908-11-22
DENY IMMUNITY BATH
No ROCKEFELLER SHIELD.
Government Counsel Confdent-No
Scheme, Say Oil Lascyers.

|oIn D. Rockefeller VIII again be taken outside
or the limits imposed by the direct examination by
MS counsel John @. AlIIburn when the cross-ex-
animation is continued tomorrow Frank B. Kel-
i0ss' the government counsel processes not TO be
worrying about the immunity question. This is
involved every time incursion into other fields
is made.
Mr. Kellogg said yesterday he knew nothing
ABOUT possible criminal prosecution OF the trust
heads But OF the government counsel said
that Mr.. Rockefeller was innunized by the
course taken by the cross-e1srniner. He gave out
this definition Of the matter:
When a man goes the stand voluntarily-and
MI Rockefeller did-and submits himself to exam
nation, he is open TO cross-exanination on the
entire subject without getting the benefits Of i'm
munity from prosecution
The Standard Oil counsel have given the matter
much attention They deny that there was pre-
meditation in calling the trust heads to testify SO
that possible prosecution individuals. might be
obvated- There sinister design about it.
To a reporter one OF the counsel finally made this
statement:
Since 1890 and up 20 1907 immunity laws have
been enacted in connection with the Interstate
S s me- act Ihey provide generally and uH.
sworn and !estifes he is entitled to immunity;
by co-defendant and testifes is entitled to i'm
raUnity has never been decided and when called
by co-defendant and he gives testimony to Ger
tain facts on direct examination and is cross-ex-
ahmed by the government beyond the scope z OF
me direct examination, has also not been de-
cided. What the courts may ultimately say Is
The trust period between 1852 and 1899 will be
covered tomorrow in the hearing at the Custom
House before Franklin Ferris. the federal referee
The government counsel were busy yesterday and
are occupied to-day in narshalling the questions
which Mr.. Kellogg will PROFOUND to Mr.. Rookie
feIler.
They were elated over the progress made on
Friday. The admission by the witness of the
Daniel orDay contract with the Pennsylvania
Railroad in 1873 regarded distinctly a great
gain 1t was said that the government had never
been able TO prove the existence Of this contract
before The testimony of the existence of the
terminal contracts was said TO be another point;
also the purchase Of Independent oil companies al
legged imitation Of the Standards capital and OF
enormous profits resulting from alleged Illegal
methods
The Standard Oil attorneys are not one whit less
satisfied than are the government counsel. They
intend TO bring ont redirect exa1inat ton OF Mr..
Rockefeller that prior TO the establishment of the
Interstate Commerce Commission il was a general
practice TO receive and give rebates; In fact to
gain all trade advantages because Of great volume
Of business That condition prevailed right up
1881 The latest proof OF receiving rebates. IT
said was OF thirty years ago The counsel repeated
what Mr.. Rockefeller said the stand about the
terminal charges, that they were the that
the independent refners would have had to pay to
the railroadsjust reasonable EaTehousing charges.
One OF the Standards counsel said yesterday that
the purchase Of independent companies happened
before the passage Of the Sherman antitrust act.
The result economy and increase in ef- I
hciency. He said further:
Never in its history has the Standard Oil Com
'any had a dollar Of watered stock The prosperity
II the company has enhanced the prosperity Of the
United States, And as for the profits, they have
never exceeded legitimacy, and are not enor-
nous those of some other corporations
Mr.. Rockefeller's counsel said that the govern
neut counsel based their satisfaction differences
" admission by the witness. He had identified
contracts that had disputed, and had
epeated what had been told direct examination,
nd that all. Efforts 10 distort facts into dam
ging circumstances. this lawyer said. had proved
ruthless. Nj Rockefeller admitted freely what
vas fact and as q matter Of course could not
ecollect alleged occurrences matters OF such
Lncient date and uninportance in the suit TO
lave escaped his mind.
The Standard Oil president may leave the stand
tuesday night unless Mr.. kellogg Is met with
vers to hts questions. way the other, and
oes not intend, II possible, 10 rest content with
nswers like the oft-repested ones of Friday. Then
sr Kellogg vas stirred 10 the core again and
gain by the sUave MANNER Of the witness when
nable TO remember
There a time when the Standard oil
PRESIDENT was ruined. When questions too
asst for him he would calmly ask 10 have them
,eated This seemed to get the government
ounseIs nerves toward the end Of the day He has
zen almost SIS profoundly courteous the witness
. far. The time when he was rather sharp was
when Mr. Rockefeller persisted in saying that he
ould not recollec1 matters connected with the /
pennsylvania suit for rebating. Mr.. Kellogg said
-zterday that the suit Of the most sensa-
ioual known and that the oil companies were in f.
ne thick OF il.
Il is expected that Mortz Rosenthal will conducr
ne direct examination of John .. Archbold who I
viii follow Mr.. Rockefeller Mr. Milburn, who has +
-zuined Mr.. Rockefeller, is the Stand /.
- oil president. and is much Older than Mr.. Ro-
enthsl
Mr. Rosenthai is typical business lawyer, and /
o-7es from Chicago He is more OF Mt. Archboids +
me The latter has the sharp incisive manner Of +
man OF action It is expected that the cross-ex-
-,ina+ton by Mr. kellogg will have element % .
,sppiuesr about II lacking far because OF the /
mailing urbanitv OF Mr.. Rockefeller
The latter rested yesterday and will also rest to-
sv When one Of his counsel was asked whether :
T. Rockefeller in consultation with him
ardinR the hearing morrow he said that Mr. I
Rockefeller was not. and that he did not require /
oaching.