Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-02-09

the same sense, so, it is true, will an
injury inflicted on a of manu-
featured articles, but 1t is not this I'M
designed and incidental damage which
is embraced within the statutory de-
nunciation." The chief Justice was
speaking of a strike by workmen. but
the language is applicable generally.
Il have given an illustration of a
case where food was accumulated in a
time of plenty to meet the needs of a
time of famine. Perhaps l ought also
to give you an Illustration of a con-
trary case. 1t was reported some
months ago that the owners of coffee
in Brazil or perhaps the Brazilian gov
eminent meant to destroy large guam
titles Of coffe In order to raise the
price. Such an act as that could have
but one object. n that merely to
enhance prices artificially. SO, too, in
a case which probably frequently hap
pens, where men combine to raise the
apparent market price of an article OF
merchandise or of shares of stock by
means of washed sales, as they are
called, in order to create a fictitious
price at which they may unload on the
rublic. These illustrations are extreme.
In lfl6 IWO ldttti CdStS L iioulu
no hesitation in telling you to indict:
in the former case l mentioned before
/ should have no hesitation in telling
you rot to indict. Most cases are more
difficult, and like this must be left to
the grand jury.
Must Have Evidence.
I'm order that an indictment may be
justified the evidence should render
it probable "a that there is a combina-
ton, for it Is not enough that a single
individual or a single corporation,
however large, should have acted alone
and on its w initiative; (2) that the
combination have for its object merely
to enhance the price of foodstuffs and
have no lawful aim: (3) that the acts
done in furtherance of the combination
directly, and not merely incidentally,
enhance the price.
1.-The question remains whether an
indictment can be found in the county
of Hudson. That can only be the case
If the crime, If crime there be, was
committed in this county. The gist OF
the crime of conspiracy is the combina-
ton; it is the illegal agreement that
constitutes the crime. but it has been
decided that an indictment may be had
in this State. ven when the conspiracy
is formed in another State. II it can
be proved that an overt act was done
here by some of the c~onspirators in
furtherance of their common design. |
think any overt act in this State il
enough. If. then. you think the case a
proper one for an indictment, o may
find one, il the proof shows either a on
spiracy formed in this county an overt
act committed in this county in further
ance of a common design formed else
where. Such an act would be the stor-
age of foodstuffs or the Withholding OF
them from sale for the purpose of en-
HANGING the price
II need hardly add that the com
plants made i'm this case are such al
to cause considerable public interest
1t is, therefore. more than usually
necessary that we should all assume q
careful, calm judicial attitude in order
that exact and ever justice may BIZ
done. OF course you will guard your.
selves carefully from outside solicita.
ton and act anly upon the evidence be.
fore you"