Mexico Missouri message., 1909-03-18
STANDARD OIL IS
FOUND NOT GUILTY
PROSECUTION IN RETRlAL or s2s,
100000 REBATE CASE ENDED
BY RULINGS.
PROSECUTION ABAND0NS CASE
All Counts Of Indictment Based on
Shipments From chsppelIe, Ill.,,
to 81. Louis Stricken Out
by Judge.

Chicago.--In accordance with Fed.
eral Judge Anderson's instructions,
the jury retrying the famous
t2g. 100000 fine case against the
Standard oil Co. brought in a verdict
Of acquittsl at 1920 Wednesday. This
action followed reepated rulings by
the court adverse 10 the government,
causing the government at noon TO
rest it's case.
This decision followed the statement
OF District Attorney Wilkerson for the
government that II was no use to 20
further and the government therefore
rested it's case. Attorneys for the oil
company at once asked verdict of
acquittal. which was ordered.
This marks the end or the famous
Case in which Judge Landis after TAX
Ing the testimony OF John d. Rookie
Teller. fined the Standard OIL Co. $780,
100000. Judge Groscup Of the United
States court Of appeals oyerruled
Judge lands.
Judge Anderson in his rulings In the
present trial closely followed the rules
laid down by Judge Grosscup.
Just before the government gave up
It's fight Judge Anderson dismissed all
of the counts in the Indictment against
the company referring 20 It's shipments
from Chapelle. H., to st. Louis. Mo.
These constitute more than half the
total OF the number OF the counts. The
court said at that time that he would
reserve decision on the counts refer.
ring to shipments from Whiting, Ind.
until he had heard further argument.
The court ssid he dismissed the
Chappelle counts because there was a
fatal variance between the Indictment
aud the evidence. The Elkins law
provides. he said, that offenses can be
made in only two ways.
One way is by violating the law on
shipments carried by a common car
rier over Its own line and the other
ON shipments carried over It's own line
and other lines.
The indictment charged that the
Chappelle shipments, he said, were
carried by the Alton road over its
own line. whereas the evidence showed
they had been carried over its own
and other lines.
Attorney Wilkerson then asked the
court II Il was true that on the evil
dence thus far presented II was impos.
sible to convict the defendant The
court replied in the affirmative and
then Wllkerson said:
Then there is no use In going on.
The government rests its case here"
Counsel for defendant moved that
a verdict OF acquittal be Immediately
returned and the court called the jury
into the room TO pass on this.
In the face Of repeated rulings by
Judge Anderson. tending TO make more
difficult the proving OF their case,
the government attorneys over night
decided to abandon the idea Of add
lions to the bill of particulars, GOV.
ering the defects pointed out by the
court, and began arguments In the
hope OF inducing Judge Anderson TO
reverse his decisions.
lut nIbh itut VI aibhhNh Neo
against the courts Indicated decision
that the lS.cent freight rate, under
which the indictment was drawn,
could not be established by means
OF the Illinois classification. Accord
ing to the governments point OF view
the published rate on oil from Whit
ing. Ind. TO East st. Louis was Is
cents. This was established by means
OF tariti "a in its application to the
Illinois classification issued in 1899
In 1900 new Illinois classification
was issued and the Interpretation OF
the courts opinion is that this in
validated the old tariffs.
II there was no legal published rate
as the defense claims, the oil company
can not be prosecuted for making ship
ments at the 6.cent rate.
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