The Birmingham age-herald., 1910-11-11
Attorneys for Defense Ob-
 jeCt to the Exhibits
THE ARGUMENT IS LENGTHY
Witnesses for the oil Company show Such Ignorance of Certain Facts That Judge Mccall Takes
 Hand in Proceedings

Jackson, Tenn, November 10.-The United States government began the presentation of evidence this afternoon by which 1t hopes to prove that the Standard Oil company of Indiana vio- lated that porttsn of the Elkins inter state commerce law which forbids the acceptance of concessions. Four wit nesses were heard but their evidence was largely of a preliminary charac- ter and the days proceedings were of secondary Nterest to wordy skir- mish between counsel as to the rel evancy of a trunkful of exhibits of fered by the government as evidence. At the end of the days session the fate of several hundred counts of the in- dictment was still In doubt, the court holding its rulings in abeyance until tomorrow to permit attorneys for the prosecution to investigate the tech nical objection of the defense before making final answer.
 First, the defense sought 10 have all exhibits refused because the shipping orders of the defendant company and the railroad waybill which made up the documentary evidence, while routed through Evansville, showed through bills from Whiting. Ind. Mainly 1t is the contention of the prosecution that an improper rate was charged on goods transported from Evansville. This was overruled.
 Next came an objection to the form in which certain exhibits were present. ed including 10 bulky books of tissue paper containing copies Of waybills, the originals of which were not avail able. After a long argument more succinct method of indexing the diff ferent bills was struck up, on which this problem was solved.
 Next that part of the exhibits which referred to shipments, including trans portatiou from Grand Junction. Tenn. the point of reshipment, to Memphis, was objected to on the grounds that 1t would be delving into interstate commerce. This was dtsallowed.
 The specific Counts
 Then came the fight as to the spe- cifc counts. In all seven reasons were advanced in asking that about 400 or the counts ne ignored. They were:
 l. That dates mentioned In the indict- ment and in the exhibits were at vari- anoe.
 2. That in certain instances the des- tination was not given alike in both.
 g. That the particular kind of oil or product shipped was described diff ferently.
 4. That certain of the waybills were not accompanied by a shipping order.
 5. That there was difference as to weights mentioned in the documentary evidence and that in the formal charge.
 G. That in certain of the counts weights of the shipments were omitted.
 7 That car numbers mentioned in the indictment and the exhibit were at variance.
 Lengthy Argument
 This brought on lengthy argument be- tween counsel, the court finally inter posing tho suggestion that the matter be passed for the time and the govern ment given until tomorrow to explain the alleged inaccuracies.
 By this time the better part of the aft ernoon had passed and the evidence pre- sented was necessarily brief.
 John T. Grady. shipping manager of the oil companys Whiting refinery; Herbert Hall former treasurer and assistant treasurer-secretary of the Chicago Ter minal company, but now an employe of the Baltimore and Ohio railroad; J. A. Regal, a former employe of the Chicago and Eastern Illinois, and George M. Crosslin in charge of the file department of the interstate commerce commission at Washington, were the four witnesses called The three first named explained trade and rate phrases and abbreviations noted In the waybills and shipping ders.
 Grady and Hall were especially ques- toned as to the route and termini of the terminal company but their testimony failed to throw any light on the subject. i.t .,uk, v1t to f1n nt torney general, who acted as questioner, was persistent, but neither of the wit nesses would admite directly that he knew of Dalton Junction through which the government alleges the shipments in question was a part of the terminal com pany's system.
 Mccall Takes a Hand
 Halls ignorance of the route. finally brought Judge Mccall, who Is presiding judge of the trial, into the argument with a tart suggestion that the president of the road might be called, presuming that he might be well enough posted to give the desired information.
 Hall, however, held firm to his first declaration and the questioning rocked along until counsel for the defense clear ed the situation with an admission that Dalton Junction was reached by the switching or the coHipaHy uhuei "ieSue- sion.
 . Grady explained that hts orders came from Edgar Bogardis. traffic manager of the oil company at Chicago, and that he was not advised as to the final destinations made to Grand Junction for "beyond."
 Crossln, the last witness of the day. testified as to the filing of a 13-cent traffic on shipments of petroleum and products from Whiting to Grand Junc- ton. for points beyond by the Chicago and Eastern Illinois railroad. Crosslin was interrupted at this juncture by att torneys as to whether or not the post ing of traffics should be proved at this time. and he was excused.
 Adjournment until tomorrow followed. No morning session was held today, the early hours being given over to the de- fense to permit of their checking over the exhibits rendered by the govern