The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1909-03-11
Could Not Furnish Proof.

Assistant District Attorney WiIkerson
admitted that the prosecution could not
furnish the proof deemed necessary and
suggested dismissal.
Attorney Miller then moved for an in
structed verdict of not guilty. This was
ordered
The decision of Judges Grosscup. Baker
and Seaman, of the United States circuit
together With the action of the United
States supreme court in refusing to re-
view the decision of the court of appeals
played an important part in disposing OF
the case.
Whether prosecution on seven other in
dictmcnts still pending against the COM
pany will be instituted, District Attorney
Sims would not express an opinion,
stating that the question rested entirely
with the attorney general.
The Question at Issue.
The question Of whether the celebrated
case should be continued hinged on the
introduction as evidence of Tariff q in
its application to the Illinois classified
IS cents on oil from Whiting, Ind, 70
East St. Louis. and which attorneys for
tEe defense commended had been super
go by a later classification.
Judge Anderson explained his position
to the jury and announced that if the
case was to go to the jury and YER
dict was returned he could do nothing but
set aside the verdict.
''There is absolutely nothing on which
q continuation in this case could stand
before any court in this country" the
court said in concluding his charge TO the
Jurors. 1.-THE government has failed to
prove its contention that the 1S-cent rate
was the lawful rate between Whiting and
Fast St. Louis and that the defendant had
wilfully accepted a lower rate, and there
IS nothing to do but for the jury TO find
q verdict of not guilty
Charge of the Court.
Judge Anderson's charge to the jury
was:
Gentlemen of the jury: 7 have made
up my mind to end this case. You, as
jurors, have a perIunctory oitlce to per
form. and the evidence you have heard.
as presented by the government. may
have given you some opinion Of your own
as to how this case should be decided
You have no arbitrary power. Neither
have I, as a federal judge, any such
power. I am bound by the law as you
are
peaIs lays down the law We are bound
by our oaths to obey this law.
tine Standard OIL company has been
indicted and the government AYERS in Its
Indictment that a rate of IS cents per 100
pounds on shipments OF OIL was a tlXed
standard and that, regardless of this, the
Chicago x Alton railroad gave the de-
PENDANT concessions, allowing the oil COM
pany TO ship oil over its road at rate
of cents. The government tailed 10
prove this charge.
Must Be No Doubt.
The Standard Oil company is charged
with a criminal offense and therefore a
iurv. before il can find the defendant
guilty. must be satisfied beyond all rea-
sonable doubt tnat there was deIlmtely
fixed rate of rs cents
'sThe proof Offered by the evidence does
not support the charges relative to the
rhsppeIie. Ind. shipments. Consequently
tbe defendant cannot be found guilty on
charges that embrace shipments from
that point to St. Louis.
Proof of publication has not oeen mace mac.
with reference to the alleged illegal ship
rnents of oil from Whiting. Ind, and con-
seouentlv the defendant cannot be heid
an charges of accepting rebates on snip
ments from that place.
'.Alfogetf,er. 1 feel that the government
Continued on Page 6.