The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1909-05-07
POINT SCORED
BY PROSECUTION,
MOTION DENIED
JUDGE SHEPPARD RULES THAT
NAVAL STORES CASE MUST
GO TO The JURY.
The Defense Waated Verdict of Ac-
quitssl Fcom the Bench. sut the
Case Goes on With TIE introduction
Ct Testimony for the Accused.

Savannah, Ga. May 6Iu the Uni
led States court today Judge Shep-
pard ovcrluled the motion of the de-
,ense in the trial Of the Dayal stores
trust case, that verdict Of acquittal
be directed. The defense then be-
san the Introduction of testimony. The
decision OF Judge Sheppard was an
other victory for the government
This question came up yesterday an
terneCn, when attorneys for the de-
fca1e sousht a verdict Of not guilty
for all the defendants
The defense urged that the prose
cution had not proved the charge
against any one of the defendants,
discussing each case separately. The
governments counsel contended that
sufficient evidence to convict had been
introduced against each defendant,
with the exception of Mr.. DeLoach,
whose case has already been elimina-
ted on the prosecutions own motion.
The Contention Made.
Judge Adams made the opening and
the motion to direct verdict. Mr..
Toomer spoke first for the prosecu-
ton, being followed by Mr.. Akerman.
General Meldrim took no part in this
controversy. AS this was an argu-
ment addressed to the court counsel
dealt very largely with the legal
phases of the questions, with occa-
sional references to the facts. The
facts were pretty freely dealt with by
counsel on both sides to convince the
court that all of the defendants had
been proven guilty of the charges
against them or TO show the court
that there really hadn't been a scin-
tiila of evidence against any of them.
Mr.. Toomer made rather striking
assertion. While I don't want any OF
my friends at home to discredit me, it
does seem to me that if two things
are established at all they are these,
that these gentlemen manipulated, and
that Jacksonville is the burying ground
for competitors who attempt to do
business he said
Judge Adams said that as he under
stood the practice in the United States
court when the defense contended
that no case had been made out it
was the practice for the defense to
make a motion for the court to direct
verdict "We do contend most earn
! estly that there is no evidence in
this case that iustfes the court III
letting it 90 to the jury" he said He
said it was the imperative duty of the
judge to see that all Of the elements
Of the crime charged had been proven
or that the facts shown were suffi-
cient to warrant the case going to
the jury.
IF all that the government has
claimed in the Indictment were rue
there would be no violation of the
Sherman antitrust law by these de
PENDANTS, not even or a state law" ar
gued Judge Adams.
Claim of Prosecution.
Mr.. Toomer stated that the govern
ment would contend that nine out of
the twelve specifications in the indict-
ment had been proven. He said it was
true that no evidence is in the case in
support of the other three specifica-
tions. Then in reply to Judge Adams
argument that none of The charges had
been made out, Mr. Tooner said:
With all of the capacity and learn
, ing of distinguished counsel for the
defense they have remained in bliss
full ignorance Of the facts in this case
as applied to the conduct of their eli
ents. ! have enyied them their mental
attitude. The enthusiasm of their
partisanship has Sometimes assumed
the aspects of a very delightful illu-
sian as to the governments case. It
IS apparent from the arguments this
morning that counsel does not appre-
ciatc the direct, controlling, damaging.
and convicting effect of the practice
Of certain means alleged By the gov
ernment and shown to nave been
done
Referring to the prosecutions fail
ure 10 prove certain Of the charges.
Judge Adams declared that the coun-
try has been raked as With a fine
toothed comb for evidence. Counsel
/ declared that the governments evil
dence had literally petered out
/ They got every dissatisfied customer
/ 10 testify against us and they had
a perfect army of them when they
were made to go out of the court
room. The presumption is in our
favor when they fail to offer any eyi-
dence Of complaint about the com
any's operations in the BroobFn
J ard