Daily press. [volume] (Newport News, Va.) 1896-current, 1909-03-11
JUDGE ORDERS JURY TO
AcQu|7 OIL TRUST
Case Was Relria| Of Famous Twenty
Nine |iIIi0n Dollar Fine
BY Lands.
DECISION WAS NOT UNEXPECTED
Verdict Of "innocence" Returned
Court Required Certain Character
Was Unable to Procure-Accep-
lance Of Rebates by Standard Basis
(By Associated Press.)

CHICAGO ILL., March 10.-The
STANDARD Oil Company. of Indiana t.
day was found not guilty CT accept
ing rebates from .:lc Chic ago & Alton
Railroad on shipments Of oil from
Whiting. Ind. 'uo East ST. Louis,
Ill.
The verdict was returned by jury
in the Federal court on instructions
of Judge A. G.. Anderson. who. aver
red tina, he followed tn" Circuit Cou-l
OF Appeals decision as to the verdicI
returned a. the f,,mer trial and en-
which verdict Judge keresaw Noun
tain Lands fined the company $29.-
600. 900
Judge Andersop's decision was not
unexpected as he had yesterday ted
the government prosecutors that the
proof relied OH in the first trial was
incompetent and that it must be com
plemented or fail.
District Attorney Hopeless.
1t was with something Of an air
Of hopelessness that District Attorney
Edwin w. Sims and his assistants
attempted to show the admissibility
OF the Illinois classification to prove
the existence Of a legal rate OF 10
cents, which was a vital point in the
government s contention.
It was after Assistant District At
torney Wilkinson had argued for two
hours and in the end admitted that
the prosecution could not furnish the
further proof deemed necessary by
the. court fer a continuation of the
case that Judge Anderson announced
his decision.
Mr.. Wilkerscn said that he govern
mens could proceed no further, and
suggested dismissal of the case.
Attorney john S. Miller chief cOun-
sci in the case for the oil company,
Immediately moved that there be an
instructed verdict Of not guilty.
The court so cEdered and the jury.
which had been excluded during the
arguments by the attorneys, was
called in and charged.
JUDGE Cites Authorities.
The decision Of Judges Grosscup,
Baker and Seaman. of abe United
States Circuia Court Of Appeals. re-
v.irsing Judge Lands together with
the action of the United States Su-
preme Court in refusing to review the
decision Ct che Court Of Appeals.
was assigned as authority for today's
decision.
Judge Anderson quoted from the
cpsrion Of the Appellate Curt judges
The strongest expression in favor
of his view. he said. was the stale
ment in that decision that '.;he mos.
VIC can say Is that the questfcn ~
ore upon which judges. after full dis
cussion might very reasonably disa-
gree"
A Criminal oaense.
The defendant is charged here bv
indictment: that Is criminal or
fence. The defendant Is presumed
10 he innocent until proved to d.
guilty beyord all reasonable dosibi:
and before this jury would BE- jusii'
fed in returning verdict Hpon
single ono of thcsn cz,urrs. j: w-u''
have 10 bc satisfied beyond all
reasonable doubt TO Sucn 0cSre~
yf certainty IS 10 overcome this pre-
sumrsion of innocence which sur
Rounds this HsfeGriant II would
hive 20 be SATISFIED beyond ali
reasonable doubt that tacre was
definite fixed IS cent rate.
Tho Cour; Of Appeals has said NO
this same cyidc1S-,. after having cot
ssdcrcd IL in all its relations. s"fcF
the evidence which was given. that
,I,cy cauro say that these two papers
ubc railroad ;uiff sheet Number -
and the Illinois classification rca'-
" AZ any, ~ cent rate.
AeauittsI Verdict Ordered.
Judge Anderson then ordered fhc
iu-v under authority II The decision
- the higher court. To which he said
bc al,o was obedicnt. TO rourn yer.
die. " arqui'tal.
Tho verdict c! rcduiual was
formally signrd by she foI~msn ~
,bc mrv entered In tho court rccords.
and che famrs case was hn'Hy
ended.
Uhc,her prosccuticn on seven other