The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1909-03-13

1he eeandard OH Wins Out In Rebate
cass And tho s2s,2A0,o0o Fine Is
Merciy IN Unplcasant Memory of
Te<1dy's Fcvered Hcign.

N t|4t
Chicago. March 1o.--The Standard
on Company Of Indiana was today
found not guilty OF accepting rebates
fren the Chicago q Alton railroad ON
ehipnsents OF oil from Whiting. Ind,
e nps< -. Louis. Ill The verdict was
!. returned ~ jury IN the federal
court On Instructions Of Judge A. @.
Andsrson. who svsrred that he fol-
lowed the circuit court Of appeals de-
eision - 10 the verdict returned at
the former trial Of the same case and
On which verdict Judge, Kenssaw
1euntsin lands ssssasd nns Of
eSs.s<e.eea.
Judss Andsreor's decision was not
ene1psctsd. - ~ yesterday told the
osvsrnpsnt prosscuters that the
pseef relied on at the nrst trial vas
tne0npoeent.
y vas win soaaStAins Of On cir OF
@soDelelneas that DISCREET Attorney
f1nne aisd NJ sssistanss attempted 70
>eo|o> ~ eann1su11e,okp g. ~ I,ls4cla)
q1ossl1oasion 10 prove the sxistss,os or
= leenl ssGs Of 10 ssnts. which v,ss u
vitaa poant n ths sovsramsnt's son-
denton.
II was after Asistant District At
tornsy ]. H. wilksrson had argued
tor two hours and in the end admitted
that the prosecution could not furnish
the further proof deemed necessary
By the court for . continuation cf the
csss that Judge Anderson announced
F, his dscisicn.
Mr.. Wilkerson said t.aat the govern
zoent could proceed l,o further and
suggested dismissal OF the case. At
tornsy John 8. Miller. chief counsel In
The case for the oil company. imme-
: iiateiy moved that there be an in
ltructed verdict OF not guilty. The
court 90 ordered and the jury. which
had been excluded during the argu-
rnents by the attorneys. was called in
and charged.
The decision OF Judges 0roscup.
Baker and Seaman Of the United
states circuit court OF appeals. re-
vsrslrs Judge Lands. together with
the action OF the United States SUI
prerie court In refusing to review the
dscision of the court OF appeals. was
assigned as authority for today's deci-
! sion.
{. Judge Anderson quoted from the
opinion Of the appellate court judges.
The strongest expression In favor of
Ais view. he said. was the statement
IN that decisio' hat "the most we
can say NJ that the question Ia one
upon which judges. after full discus
sion. might very reasonably disagree"
Continuing Judge Anderson said:
The defendant In charged here By
Indictment; II II criminal offense.
The defendant Is presumed to be In
nocent until proved to be guilty be-
yond All reasonable doubt. and before
this jury would be justified In return
Ing a verdict upon a single one OF
these counts. II would have to be sat-
isned beyond all reasonable doubt to
such degree of certainty as to over
come this presumption of innocence
which surrounds this defendant. II
would have to be satisfied beyond all
reasonable doubt that there was
definitely nxed 1s-cent rate. The
court OF appeals has said upon this
same evidence. after having consider
ed II in all It's relations. after the evil
dence which was given. that they can
not say that these two papers (thc
railroad tariff sheet No. "a and the IL
Iinols ciassincation) really fixed any
is-cent rste."
Judge Anderson then ordered the
Jury. under authority OF the decision
OF the higher court. to which he said
ne also was obedient. TO return a ver-
diet OF acqulttaL The verdict OF in
nocence was formally signed by the
foreman of the jury. entered In the
court records. and the famous case
was finally ended.
whether prosecution on seven 9TH
or indictments still pending against
the oil company wnl be instituted.