The Birmingham age-herald., 1909-03-11
PROOF RELIED UPON IN FIRST TRIAL DECLARED
 ID BE INCOMPETENT
United States Attorneys Fall To se- cure Any Proof of Guilt Beyond That Given In the Pre-
 vious Trial.

Chicago. March 10-The famous suit of the federal government against the Standard oil company of Indiana, where in the defendant company at one time faced fine of s2s, ,24oOOo at the hands of Judge K. M. Landis, on a charge of having accepted rebates in freight from the Chicago and Alton railroad, came to an abrupt end today
 Judge A. B. Anderson, before whom the case was brought after reversal by the United States court of appeals, instructed the jury to find verdict of mot guilty.''
 Judge Anderson's decision was not al- together unlocked for when the case was called today, he having previously an- nounced to the prosecutors that the proof relied upon in the first trial was incom- petent and it was with something of an air of hopelessness that District Attor- ney Edwin w. Sims and his associates attempted to show the admssibility of the Illinois classification to prove the ex- istence of legal rate of Is cents, which was a vital point in the government s contention.
 It was after Assistant District Attor- ney James H. Wilkerson had argued for two hours and in the end admitted that the prosecution could not furnish the proof deemed necessary by the court to secure verdict of guilty or even con tinuation of the ease that Judge Ander- son announced his ,zcision
 Move for Verdict.
 MT. Wilkerson said the government could proceed TO further and suggested the dismissal of the case. At this point Attorney John S. Miller of counsel for the oil company, who, up to that time. had taken little part in the proceedings, arose and moved that there be an in- structed verdict of not guilty. The court so ordered and the jury, which had been excluded during the arguments by the attorneys, was called in and charged.
 The decision of Judges Grosscup, Baker and Seaman, of the United States circuit court of appeals, reversing Judge Landis, together with the action of the United States supreme court of appeals, played an important part in disposition of the case today.
 Judge Anderson in announcing his find ings quoted from the opinion of the ap- pellate court judges. The strongest ex- pression in favor of his view, he said, was the statement in that decision: .'rhe most we can say is that the question is one upon which judges, after full discussion. might very reasonably disagree"
 Whether prosecution on seven other in- dictments still pending against the oil company will be instituted District At torney Sims would not state, declaring that the question rested entirely with the United States Attorney General.
 Charge To Jury.
 Judge Anderson's charge to the jury fol- lows:
 Gentlemen of the Jury:
 T have made up my mind to end this case. You, as jurors, have a perfunctory office to perform, and the evidence you have heard, as presented by the govern ment, may have given you some opinion of your own as to how this case should be decided You have no arbitrary power. Neither have l, as federal judge, any such power. l am bound by the law as you are.
 "When the United States court of ap- peals lays down the law we are bound by our oaths to obey this law
 ''The Standard Oil company has been in- dicted and the government ayers in it's in- dictment that a rate of IS cents per hun dred pounds on shipments of oil was fixed standard, and that regardless of this the Chicago and Alton railroad gave the defendant concessions allowing the oil company to ship oil over it's road at a rate of cents. The government failed to prove this charge.
 Criminal Charge.
 'sThe Standard oil company is charged with criminal offense. and therefore be- fore a jury can find the defendant guilty it must be satisfied beyond all reasonable doubt that there was definitely fixed rate or IS cents. The court cannot say that these two instruments prove the e1- istence of n standard, in this case mean ing IS cents.
 .'The proof offered by the evidence does not support the charges relative tc the Chappell, Ind, shipments Consequently, the defendant cannot be found guilty on charges that embrace shipments from that point to St. Louis.
 Proof of publication has not been made with reference to the alleged illegal ship ments of oil from Whiting, Ind. and con seouently the defendant cannot be held on charges of accepting rebates on ship ments from that place.
 sAltogcther I feel that the government has failed to sustain the allegations in the indictment against the Standard Oil company Should this jury find tho de- fendant guilty, I would set aside such verdict instantly, as I know the United States court of appeals would"
 The foreman of the jury then signed this verdict:
 we, the jury, find the defendant not guilty"
 Sims Disappointed.
 United States District Attorney Sims admitted that he was greatly disanpoint.. ed at the outcome Of the case.
 "As to further prosecution of the Stand ard oil company he said, 'I will be unable to make statement until have conferred with the Attorney General at ss-oaria',on We made the best fight we could and hung on until the last but the court ruled against us"
 Moritz Rosenthal. counsel for the