Evening journal., 1908-09-22
BEGIN HEARINGS
In POWDER SUITS
Conference Of Lawyers This
Morning to Expedite TAX
ing Of Testimony
Mr.. MAHAFFY TO
ARRANGE SESSIONS

The first hearing in the case sf the
United States against e. l. dupont de-
Nemours and Company, and others. set
for II o'clock this morning. was adiournsd
until o'clock this afternoon. When the
counsel FOR the government and the vari-
Gus powder companies assembled at IL
o'clock in tho grand jury room at the
Federal Building. a conferences was held
concerning tho methods OF procedure Of
taking evidence in the case, and alss on
other questions.
It was FIRST time all the attorneys had
gotten together and in order to give them
more time in which 10 discuss the question
before them, and reach a conclusion.
Special Master William G. Mahafy. be-
fore whom tho evidence win be given.
adjourned the session until 2 o'clock this
afternoon.
Before taking a recess all the defend
ants with the exception Of three. entered
an appearance and were represented by
ctounsel The three companies that did not
enter an appearance are the Austin Pow
der Company. the Metropolitan Powder
Company and the Peyton Chemical Com
pany.
The attorneys and the companies they
represent that appeared to-day. follow:
Frederick ullman. OF Chicago, Ill.,. The
American Powder Company, Mama Pow
der Company and the Aetna Powder COM
pany; Frederick Seymour. OF New York
Tho Equitable Powder Manufacturing
Company; Frank A. Bell, Of Ishplming.
Mich, Tho Anthony Powder Company.
Limited; David \. Marvel. Of Wilmington.
and David 4. Watson, OF pittsburg. Pa:
Colonel Henry A. dupont. Burton r. Tut
tie. OF Cincinnati o.. Tho King Powder
Company. All the other defendants named
I'm the bill are represented by William s.
tIilles. Townsend. Avery and Button. OF
New York. and Ex-senator John c. Spoons
or, OF Madison. Wis
James Scarlet. OF Danvnie. Pa. spocia.
assistant to the United States Attorney
General; District Attorney John r. Niolds
OF this city. and j. Harwood Graves and
Victor y. Roadstrum. represent the De-
partment OF Justice
Tho object OF tho noon recess was 10
reach an agreement as to the method OF
taking evidence with a view 20 systemic
ing the routine. TO be established. BY ar
ranging how and when the various de-
fendants' cases are to be called. much
time and expense both to the defendants
and the government viii be saved.
Hearings Dffertn Places.
Mr.. Scarley said he saw no need Of all
the counsel attending the hearings on
every occasion and with this point in view
he submitted to the counsel for the de-
PENDANTS, such questions as would cover
the matter and being unable TO agree, it
was decided to adjourn until o'clock this
afternoon.
II IS expected that an agreement will
have been reached by that time as to how
the evidence viii be taken and the hear
ing then adjourned until such time as Mr.
Scarlet can subpoena witnesses to begin
the taking Of the evidence.
II was brought out this morning trat
all the hearings would not take place in
. Wilmington but that the convenience Of
the attorneys would be considered and tho
evidence taken IN whatever places are
convenient TO both them and the master
; Charges Made by Government
The governments complaint Is that
an ASSOCIATION composed or practically
all the manufacturers of gunpowdek
and other high explosives in the United
, States was formed in 1872, the object
. being the elimination of an compe-
. tition between the members OF the as
sociation. The only companies which
did not enter the the agreement We're
the California Powder Works. the Sy-
camore Manufacturing Company. and
the Lake Superior Powder Company;
but. according to the governments
complaint these three companies after
ward became parties to what is term
ed "the combination and conspiracy in
restraint OF trade and commerce"
The association became known as
the Gunpowder Trade Association OF
the United States. The government ~
, leges that the association entered into
{ fundamental agreement that all
p competition should be suppressed.
: There was a late agreement. 1t Is
! charged. known as the Presidents
, agreement" in furtherance OF the
! ombination and conspiracy for the
express purpose OF eliminating COM
, petition between the various parties
to the agreement.