New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-07-26
Thlrty-seven of SO Indicted Must
PAY from ST. 900 to 700.
PROTEST BY PROSECUTOR
Objects to New Plea of Nolo Con-
tendere, but Judge Declares
This Fulflls the Law.

Thirty-seven OF inc elShty-lhToe hieh III
dicted under the Sherman law for having
entered into a conspiracy TO restrain trade
by forming nine pools. with the alleged
purpose OF controlling the wire and horse
shoe industries OF the country entered
pleas Of nolo contendere yesterday in the
United States Circuit Court and were SEN
fenced by Judge Archibald TO pay fines
ranging from 1900 TO S1.7oo each.
Henry A. Wise. United States Attorney
opposed the acceptance by the court OF the
plea Of nolo contendere, which, he said
had never before been accepted in the fed
raj courts OF this district, and was re-
garded as indicating the existence OF
compromise between the defendants and
the prosecuting attorney. Under this plea,
he said. the accused men, without pleading
guilty. would make no defence and subject
themselves TO q fine. The imposition OF
the fine would make them IN the eyes OF
the law convicted Of the offences for which
they were indicted, though no civil action
could be brought against them.
When the thirty-seven defendants ap-
peared IN court Mr.. Wise informed Judge
Archibald of their intention TO change their
plea Of not guilty, and entered his vigor-
GUS protest against the acceptance or the
plea OF nolo contendere.
There has been and will be no compro-
mise between myself and these defend
ants" said Mr.. Wise. 81 wish TO state this
fact in the strongest terms. This plea Is
a mild form Of admitting guilt, and by
making II they avoid the necessity OF open
~ admitting that they are guilty.
The facts In this case are pretty ma
grant This set Of men, representing prac-
tically an entire industry, in open and per
fectly clear violation OF q United States
statute combined 10 restrain and control
trade The case against them is so clear
end open that the most eminent counsel
have advised them that It would be fruit
less to enter defence"
Francis Rawl and George Gordon Battle,
as counsel for the defendants, were per
ritted by Judge Archibald 10 enter the
plea of nolo contendere.
This plea is q legitimate one said the
Judge. ut results in a sentence and
therefore fulhls the law. BY making this
plea these men virtually confess their
c7Iilt
This is what you might call q trade Of
fence II is an offence which by the act
Of Congress is against the interests OF the
business world. Congress has declared that
combinations In restraint of trade shall not
exist. IL seems TO me am not going out
of the way when l say that just what was
meant by this law has remained IN con-
siderable uncertainty up to this time. We
now know exactly or very nearly what II
means and from this time on there will
ne no excuse: but I feel justified in look
ing upon what Ia occurred in the past
IN this light and therefore ] certainly
regard this as calling for nothing except a
proper vndication Of the law by fine"
Ivdf Archibald then imposed a fine Of
=. .lS1 ior each defendant. and where de-
'erdant appeared to be indicted in more
than ono case 800 for each additional Of
fence charged
The me- sentenced 10 pay fines we're
ferdinand w Roebline. sl700: Frank ].
Nowherry. Joseph w Marsh, William a.
Conner and Philip IT. w. Smith $500
each: Frank y. Phillips. Charles r. Rem
iaeton. ir. and Charles J. Marsh, 81, 100
each: Theodore F Ryman. Henry H. Ash
irr and John c. Bridgman, $500 each; Al
fred A. Cowles, Russell A. Cowles, Thomas
Wallace. Louis Anschutz, Edward L. FRS
bic. jr.. A. NJ. Dickinson c. Edward Muir
ray. Karl Roebling. Alfred F. Moore, An
tome Rournonviue ". Fred Fields. Charles
A. 1o-ss. Thomas 2. Kent and James II
Mason. 81 100 each; Joseph g. Belden, Now
ell b. Parsons. James \. Doughty, George
B. North. Robert W. sieberlins, Robert 2
Lucas. r Eccleston Gallaher. William II
Hall. jr., Ralph Wetrous. George /. Bow
en-, Everett Morss and Frank NJ Potter
jr., 1900 each.
The cost OF the action. which Will amour
20 about $1,000. viii be apportioned amonl
the defendants by Judge Archbalds ruling
Among the men who pleaded yesterday
there appeared none connected with The
American Steel and Wire Company or The
Trenton Iron Company. the two subsidiar
les Of the United States Steel Corporation
that Mr.. Wise was about 10 forward the
necessary documents 10 Illinois and New
Jersey 70 procure the arrest of the various
officials Of the two companies and their re
noval to this Jurisdiction when the so
ncitor for the Steel Corporation requested
him to defer such action for a few days
Several other indicted men have in.
formed Mr.. Wise that they will appear ir
court to-day and change their plea Of not
guilty. There still remained much doubt
whether all the indicted men would follow
the example Of those who were fined yes
terday or whether some OF them would
stand on their plea Of not guilty to brins