The San Francisco call., 1910-05-26
Defense to Be Based on Cart
wright Law Clause Which
Permits Combinations
Wholesale Dealers Expected In
dictments and Had Made Ar
rangements for Bail

MACK, AraSlmO Enea, george Mag
gio, Frank E. Booth, Achille Paladini,
Francisco Bellanti, Pietro Alioto, Giu-
seppe Alioto, Giacomo Machi. Rosario
Villa, Domenico Cereghino, Giovanni
B. Inguglia. John E. Kessing. Henry
Rittore, Emilio Borzoie, Giuseppe
Partinico and Salvatore Dentici.
Members of the grand jury report
ing to Judge Van Nostrand were
Foreman Isaac Goldman, ]. Frank
Jewell, E. s. Lowry, William Lane,
Charles Mccarthy, Edward McDevitt,
Fernando Nelson, Max Somne, F. L.
Turpin, 7. s. Williams, Andrew J.
Gallagher, Louis Glassner, John Gro
min and William Cronan.
Lawyer Prepared
why were you ready with the
bail?" was asked of Attorney Madden
when court adjourned.
We'll, I read The Call" he an
swered
In the final list District Attorney
Fickert omitted FIVE names against
which the grand jury had voted tenta-
tive indictments last Thursday night.
The original list, which appeared ex-
clusively in The Call, affected Alesan-
dro and Attilio Paladini as members
OF their fathers market, the A. Pala-
dini fish company. Later investiga-
ton showed them to be only clerks.
The omission of the firm of A. Bia-
gini & Co. is for reason that will
later become apparent This firm is
composed Of Armando Biagini, man
ager, and Matteo Marinelli and S.
Ceochini, partners.
Biagini is not indicted, but his case
IS under observation. At the present
time its promises to be Of peculiar in
terest during the trial.
In the copartnership entered into
January 10, 1909, Biagini became a
member Of the independent fish trawl-
ing. company. He held a one-eighth
interest in it, his fellow partners be-
ing Giovanni B. Inguglia, Francisco
Bellanti and George (Giuseppe) Ali
oto, now indicted, and Joseph Catania,
the only one Of the firm to remain in
dependent
DENIED TRUST EXISTED
After the independent company was
broken up last July Biagini was in
duced to join the trust. But he let
his fear of il get the better of his
memory when called before the SEN
ate investigating committee last
March, which was then examining
into the high cost OF fish. He was led
by Senator Wolfe through sharp ex-
animation. and throughout Biagini de-
MED up and down any knowledge of
the trust The following are excerpts
from the committees record:
o--who is it that fixes the price at
which hsh is sold to the retail dealer?
Al TX it myself
Q.-And nobody else helps to fix it?
A--Nobody else.
o.-Is there any such thing as a
combination between any of the whole
sale dealers that you know Of?
Al don't know anything about
that
o.-Did you ever say to a member
OF the Portola hsh company that you
were glad that company had brought
q suit to break up the combination of
wholesalers. as you were tired of one
or two men hogging all the profits of
the fish business?
Al did not
Biagini went on to state that he
knew nothing about the blacklist
maintained against the Portola COM
pany, and in general denied all that
had been testified to by other witnesses
in regard to the boycott and other un-
fair tactics OF the trust AS he made
these denials under oath, he was left
in q weak position.
When the Portola brought suit
against the trust for $4,000 damages
for injury TO its business. Biagini was
named as q defendant For some weeks
Attorney James Devote has been con-
ferring with Biaeini in regard 10 this
damage suit, as counsel for Gigi, Puc-
cini and Faenzi, partners in the Por-
tola.
7 hope" said Devote yesterday, that