Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1909-03-11
Standard Oil Co. Did Not
Take Rebates from c. "a.
Judge Anderson Rules Out Evi.
dence and Case Falls Flat.
Jury Returns Verdict According to
The Courts Instructions.

Chicago, March 10.-The STANDARD
Nh co. of Indiana today was found not
euilty of accepting rebates from the
chicago e. Alton Railroad on ship
,nents of oil from Whiting. Ind, to
East st. Louis, Ills. The verdict was
returned by jury in the federal court
IN Instructions by Judge A. G. Ander-
son who returned at the former trial
If the same case on which verdict
Judge Kenesaw Mountain Lands as
sessed a fine of $29,240,000.
Jndge Anderson's decision was not
| rneypected, for yesterday he told the
government prosecutors that the proof
relied on in the first trial was incom-
netent and that it must be complement
cd or fail 1t was with something of
an air of hopelessness that District Al =
,ornev Edwin W. Sims and his assist
ants attempted to show the admissible
~ of the Illinois classification to prove
the existence of legal rate OF Is cents
which was vital point in the govern
ment contention.
II was after Assistant District At
torney James II. Wilkerson had argued
for two hours and in the end admitted
that the prosecution could not furnish
the further proof deemed necessary by
the court for a continuation of the
ease that Judge Anderson announced
his decision Mr.. WilkersOn said the
government could proceed no further
and suggested dismissal of the case.
Attorney John S Miller, chief coun-
sci in the case for the oil company,
Immediately moved that there be an in
structed verdict of not guilty. The
court so ordered ana the jury, which
had been excluded during the argu-
ments 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 coupled with
the action of the United States SUI
prcme court in refusing to review the
decision OF the court of appeals, WAS
given as the authority for today'S de-
cision.
Judge Anderson quoted from The
opinion Of the appellate court judges.
The strongest expression in favor of
! his view. he said, was the statement
in that decision that The most we can
say is that the question is one upon
! which Judges after fun decisions might
] reasonably disagree"
/ Judge Anderson said further:
THE defendant is charged here by
Indictment; that is a criminal offence.
Then defendant is presumed to be n
noc"nt until proved To be guilty beyond
all reasonable doubt and before this
JURY would be justified in returning a
verdict upon Il single one of the sew
er'l counts. it would have to he salts
ned beyond all reasonable doubt 10
Such degree of certainty as to over
come this presumption of innocence
which surrounds this defendant. 1T
would have TO he satisfied beyond all
reasonable doubt that there was i
Fhhltely fixed lS-ccnt rate. The court
n appeals has said upon this same evil
dehce after having considered it in all
ns relations to the evidence which was
t's"eh, That they cannot say that these
TWO papers iThc railroad tariff sheet
NO -, and tn" illinois classification)
really Tx any lS-ceut rate"
Judge Anderson then ordered The
Continued on Page Two.