New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1909-10-23
ICE MINUTES GONE
Memories Bad, Too, an anti
Trust Lao Trial.

Counsel for the American Ice Company,
which is on trial In the Criminal Branch of
the Supreme Court on an indictment charg-
ing a violation of the antitrust law, re-
sisted yesterday all efforts OF the prosecu-
tion 10 connect Charles w Morse with the
company OF TO find out what property the
company got for the s15.OOO.OOO which was
transferred TO the late Augustus c.
sprague John r. Bennett. secretary of
the company. who was on the stand prac-
tically all day. volunteered the statement
that he was anxious TO answer all ques-
tions and give all information in his power.
Morse was the real head of the COM
pany." asserted Roger P. Clark. Deputy At
torney General, after John B. Stanchfield,
of counsel for the defence. had made re-
peated objections TO questions tending to
bear out that statement. Mr.. Clark then
took up the subject of the missing minutes.
all hut the first volume having been pro-
duced in court on Thursday, and asked Mr.
Bennett If Morse were present at any of
the meetings held during the period COW
cred by the missing minutes The witness
couldn't say whether he was or not.
The witness could not recall any distribu-
ton OF stock to Mr.. Sprague when Mr.
Clark asked him II there hadn't been dis
tribution of 10000 shares of common stock
and 1850 shares of preferred stock to Mr..
Sprague. The records will show said
the witness. He was directed to produce
the stock books. although Mr.. Stanchfeld
objected on the ground that the defence
could not be expected TO produce any rec
olds except those covering the period of
the incumbency of Wesley NJ. Oler as
president.
Mr.. Bennett left the stand temporarily to
allow Newly S. Baritt, general manager Of
the Cornell Steamboat Company. which is
engaged In the towing business on the Hud-
on River. To be examined regarding the re-
lstions existing between that company and
the American Ice Company. President
Kirkendsll OF the company testified before
the grand jury that the steamboat company
returned TO the ice company a rebate of S
per cent on all business. No information
was ELECTED from the witness. Mr.. Stanch-
fields objections TO Mr.. ClarlEs questions
being sustained by Justice Wheeler.
At the afternoon session James ". Os-
borne, who. as a special Deputy Attorney
General. is conducting the prosecution, Of
fered in evidence a number of bills of sale
of independent dealers to the American Ice
Company. One of these provided for the
sale of the business and good will of the
dealer, with the additional covenant that ne
will not directly or indirectly engage in
the ice business in any manner in any por-
ton of the borough of Manhattan for a
period of five years. Mr.. Stanchfield urged
that there was nothing illegal in this con-
tract, and objected to its admission in evil
dence but was overruled.
Other bills of sale were introduced during
the afternoon, and Mr.. Osborne asked Mr..
Bennett If it were not a fact that the forms
were printed in lots of thousand, and If
he knew who had charge of that part of the
business, or if Charles w. Morse would
know. To these questions Mr. Bennett re-
piled that he did not know.
The trial will be continued on Monday.
The Appellate Division heard argument
and reserved decision last night on the APP
peal of the Attorney General from the de-
cision Of Justice Brady striking out at the
request OF the American Ice Company por-
lions Of the complaint made in the suit be-
gun by Attorney General William S. Jack
son IN IUlV. 1908