The Morris County chronicle. [volume] (Morristown, N.J.) 1877-1915, 1909-12-14
ICE TRUST found
GUILTY AND FINED
Juuge Wheeler Regrets $4,000
is Tbs Limit.
SMALL DEALERS DRIVEN OUT
After Nine Weeks the jury Reached q
Verdict in One Hour and Forty
Minutes-First Conviction Under
Ten Years Old Law.

Verdict in One Hour and Forty
Minutes-First Conviction Under
Ten Years Old Law.
New York City.--The American Ice
Company-the ice Trust-was found
guilty in the Criminal Branch of the
Supreme Court of violating the anti
monopoly law Of this State. 1t was
the first conviction, under the provis-
ions of the Donnelly act, which was
passed in 1898 and took effect in
1899--ten years ago. And it was, by
coincidence. the third-the lucky
third-attempt to punish the Ameri-
caa Ice Company under that act.
T1iee before the charges were laid
perwre the Grand Jury, once under
Jerome. but no indictments We're
found and an appeal was taken.
The American Ice Company's con-
viction was on two of the three counts
of the Indictment:
First-"For doing an act pursuant
to and in and toward and for the con-
summation of an arrangement where
by competition" in the product and
sale of ice was or might have been
restrained or prevented.
Third-"An attempt to create a
monopoly, and Of doing acts for the
contamination thereof.
The second count in the Indictment,
which was thrown out by Justice
Wheeler in his charge to the jury,
charged the ice company with making
or attempting to make the alleged IL
legal arrangement at the time OF
its Incorporation That was in the
period outlawed by the statute OF linz
itations, which shielded everything
done by the trust prior to two years
of the time of its indictment.
1t took the jury an hour and forty
minutes to return the verdict.
The court imposed the maximum
penalty-a $4,000 fine. There could
be no sentence of imprisonment, be-
cause the company was indicted as
corporation.
In addressing the jury, Prosecuting
Attorney Osborne said
"They drove out every solitary
dealer they could with the exception
of a blind man. One of their man
ayers, Winsch, said he would put out
of business the lame and the halt
and that he would be blamed If he
would put out blind man. They de-
stroyed these small dealers, every
one that they could, not only by
force, but by teaching as we'll.
This prosecution is the first, the
pioneer prosecution brought under
this anti-monopoly law, though 1t has
been on the statute book since 1899.
Every day since then has been some
one else's day except the peoples. l
a hi In o.
on from year to year and have longed
for the day that it could be put be-
fore jury Your verdict in this case
is going to make history. 1t will be
another declaration of independence,
and will teach the lesson of hope to
men who would be independent in
business if they could"
Justice Wheeler said after the YER
dict that it would be impossible to
predict accurately the result that
would follow the imposition Of the
fine
II regret that I could not make
the penalty more, he said, shut other
things may be looked for. I believe
that the conviction will have health
full effect and serve as warning to
similar Offenders. | understand that
there is a civil suit now pending be-
fore the Appellate Division, in which
is involved the license of the Amer
lean to do business in this State, and
this verdict may justify the Execu-
tive in revoking that license without
more ado. Mr.. Stanchfield himself
told the jury that conviction would
mean the death of the company and
an irreparable injury to it's many
stockholders.