The Wilson times. [volume] (Wilson, N.C.) 1896-19??, 1911-07-14

Raleigh, N. c., July 13.-With the
failure of the jury to reach verdict
after its conference from $50 to 10
o'clock last night, the belief gained
ground rapidly that a mistrial is i'm
pending in the million two hundred
thousand dollar damage suit of the
Ware-Kramer Tobacco Company VS..
the American Tobacco Company,
which has been in process of trial
and argument for the past four and
a half weeks in the Federal court
before Judge Henry G. Connor. Those
who were in the vicinity OF the court
room and the jury room during the
evening were impressed with the fact
that muueh time was spent by the
jurors in joke-telling and laughter.
indicating that when their prelimin-
ary votes were taken there was such
a variance IN views that the hope of
an early verdict was abandoned, their
intercourse taking the turn of gen.
eral conversation rather than discus
hasten agreement. Ali evening there
was close by them the steady clatter
Of typewriters as the stenographers
Of the American Tobacco Company
wrote out their shorthand records of
the argum ents of counsel before the
jury. They worked in the grand jury
room which adjoins the room in
which the jury was comforting as to
a verdict. The jurors were escorted
at 1890 to Giersch Hotel, where they
were given rooms for the night. Judge
Connor had directed that if a verdict
were reached last night they could
file it sealed, with the clerk of the
court and go to their homes.
Tn6Ua GOnnnr'c Ghar0n Wac care
full and able summing up of the con-
tentions of both parties to the suit
and discussion of the law as applied
to the case. He charged that if the
jury believed the evidence they would
find that the American Tobacco Com
pany was, during the period involved
in the suit, a combination in restraint
of trade. They must decide whether
the acts complained of and proven
in evidence were done by the defend
ant in legitimate prosecution of
business without reference to the in
jury to the plaintiffs business or
done for the purpose of driving the
plaintiff from the field as a competi-
tor as alleged. Also they must con-
slider the question of whether the fail
ure of Ware-Kramer Company was
due to acts of the American Tobacco
Company committed to destroy the
company or came about through bad
business management He went fully
into the matter of means of arriving
at damages in the event the jury
finds that damages should be allowed.
They would consider the capital stock
lost through illegal acts of the de-
fendant, the volume Of profits attain
ed and degree of depreciation through
illegal inroads of the defendant and
the damage to the brand of cigarettes
The grounds and splendid $4,000
club house of the Raleigh Country
Club were opened to the members
and their friends last evening from
five to seven o'clock with an informal
reception that was delightful and, IN
spite of the rain, afforded splendid
opportunity for the inspection of the
admirable appointments and equip
ment of the fine colonial building and
the viewing of the beautiful rolling
landscape that stretches out in
every direction across and beyond the
180 acres of club grounds that are
receiving splendid treatment in ex-
pert landscape gardening.
The members of the Corporation
Commission are buckling right down
now to their quadrenniaH task Of as
sessing the tax value of railroad prop
erty, the property of other public ser
vice corporations and the fixing of the
corporate excess taxation. At the
same time the returns from the tax
assessors in all the counties of the
State giving the work of the tax as
SCISSOR in reassessing and listing all
real and personal property for taxa
ton, are beginning to come in, and
all these must be reviewed and ap-
proved by the Commission in its capa-
city Of State Tax Commission. The