The Washington herald., 1909-03-11
.$29, 100000 FINE
NEED NOT Be PAID
Oil Trust Acquitted on Re-
bate Charge in Chicago.
COSTS FALL ON GOVERNMENT
Judge Anderson Riddles Attempt of
United States Attorneys and They
Ask Dismissal of Case-Judge Lam
dis Ruling Reversed by Court Of
AppeaIs-RetriaI Approves Action.

/ Chicago, March 19.-The Standard OIL
Company Of Indiana was acquitted or the
charge Of law-breaking in the Federal
Court to-day. On Judge A. B. Anderson's s
instructions. the jury in the second trial
Of the case brought ,n a verdict OF not
guilty TO the charges OF accepting re-
bates from the Chicago and Alton Rail-
way.
Thus in a twinkling the great SO 240, 600
fine imposed by Judge Lands and re-
versed by the United States Court Of Ap-
peals was changed to an absolute acquit-
tai. with the expenses Of trial thrown on
the government.
Judge Anderson utterly riddled the at
tempt of Assistant United States Attor-
ney James II. Wilkerson 10 show the ad-
instability of the Illinois classification 70
prove the existence Of a legal rate of Is
cents, on which the indictments were re-
turned. telling the government attorneys
plainly, and then the jury. that the court
OF appeals had established the law il the
case. and that the prosecution had been
trying to prove one thing by introducing
evidence OF another.
case seen TO Be HODeleHE.
II was evident early in the morning
that the cause OF the government was
hopeless. and District Attorney Sims and
his assistants apparently recognized the
inevitable when Judge Anderson an
nounced that the proof relied on in the
previous case was incompetent.
Immediately following the courts state
ment, Mr.. Will1erson arose and said that
the government could proceed no further.
| and suggested the dismissal OF the case.
Attorney John II. Miller. for the of
company. quickly moved that there be
an instructed verdict OF not guilty. The
court so ordered. and the last scene in
the great trial drama, which has extend
ed over two years. was ended IN the
/ time that II took Jury Foreman Hugh L
| McGovern 10 sign the verdict.
The judge first gave his reasons for
/ directing the jury 10 acquit at length 10
counsel on both sides Of the case. and
later summed up his position in instruc-
/ ton which he gave 10 the jury
The decisions OF Judges Grosscup.
| Baker, and Seaman. of the Circuit Court
OF Appeals, reversing Judge Lands, with
the force OF the action OF the United
| states supreme Court In refusing 70 re-
view the decision OF the Court Of Ap-
peals. played a most important part in
| the disposition OF the case to-day 50
far as the law governing the case was
| concerned.
Failed to Produce Proof.
In his first announcement that the
government had failed 70 produce the
proof necessary 20 secure verdict Of
guilty. or even continuation Of the
trial. Judge AndersoL took occasion 10
point ont that the government could pro-
ceed against the railroads for failing 10
comply with the law in filing with the
Interstate Commerce Commission a fixed
established rate, the failure 20 comply
with which had made the escape Of the
Standard Oil Company from punishment
| for wrong-doing possible.
What nowT' Mr. Sims was asked
when the court adjourned. It's ali over.
isn't it2' he said.
But the other indlctments7"
I can't say now. what viii be done
about them"
Court has spoken for US" said Attor-
ney WilkersOn.
The verdict speaks for itself" COM
/ mented John II. Miller. with q smile that
went all the way around and the attorney
rushed forward to congratulate him,
| 1T is a moral as well as a legal VIC
| tory" said Mr. ROsenthal