Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1909-03-18
STANDARD OIL IS
FOUND NOT GUILTY.
PROSECUTION IN RETRIAL OF s2s,,
100000 REBATE CASE ENDED
BY RULINGS.
PROSECUTION ABAND0Ns CASE
All Counts of Indictment Based on
Shipments From chappeIie, Ill.,,
to St. Louis Stricken Out
by Judge.

OHiCd6o. Ill dCcOruduC6 Win red
eral Judge Anderson's instructions,
the jury retrying the famous
s29,O00,0 900 fine case against the
Standard Oil Co. brought in a verdict
Of acquittal at 1920 Wednesday. This
action followed repeated rulings by
the court adverse to the government,
causing the government at moor to
rest its case.
This decision followed the statement
of District Attorney Wilkerson for the
government that it was no use to go
further and the government therefore
rested its case. Attorneys for the oil
company at one asked a verdict Of
acquittal, which was ordered.
This marks the end of the famous
case in which Judge Lands, 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 to it's shipments
from Chapelle, Ill, 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 said he dismissed the
Chappelle counts because there was a
fatal variance between the indictment
and the evidence. The Elkins law
provides, he said, that offenses can be
made in only two ways.
One way is by violating the law Oh
shipments carried by a common car
rier over it's own line and the other
on shipments carried over its 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 if it was true that on the evil
dence thus far presented it was impos-
sible to convict the defendant. The
court replied in the affirmative and
then Wilkerson said:
Then there is no use in going on.
The government rests it's 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 addi-
tions to the bill of particulars, COW
ering the defects pointed out by the
court, and began arguments in the
hope Of inducing Judge Anderson to
reverse his decisions.
The first line of argument was
against the courts indicated decision
that the 1S-cent freight rate, under
L
which the indictment was drawn,
could not be established by means
of the Illinois classification. Accord
ing tosthe 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 tariff "a in it's application to the
Illinois classification issued in 1899.
In 1900 a new Illinois classification
was issued and the Interpretation Of
the courts. opinion is that this in
validated the old tariffs.
II there was nc legal published rate,
as the defense claims, the oil company
can not be prosecuted for making ship
ments at the Scent rate.