The Yale expositor. (Yale, St. Clair County, Mich.) 1894-current, 1911-04-27
Of THE
bath TUB" CASE.
CIVIL SUIT BEGAN IN BALTIMORE
LAST JULY; CRIMINAL SUIT
IN DECEMBER.
TESTIMONY HAS BEEN TAKEN IN
NEW YORK, CHICAGO, PITTS
BURG AND BALTIMORE.
Legal Diminishing in Criminal Case
over and Trial viii Be
Squarely on Facts.


conspiring to restrain trade in their
products, bathtubs, wash bowls, etc,
will begin in Detroit in the United
States court, in a few weeks. The
"bathtub trust" case, as it is gener-
ally known, has attracted so much
attention, and will command the spot
light for weeks while the trial pro-
crosses, that review of its progress
thus far is of more than timely in
terest.
The case was first instituted in
Baltimore on July %, 1910, when Ed
win p. Grosvenor, special assistant
to the encouragement of the Uni
ted States, filed a suit in equity to
dissolve the so-called trust on the
ground that it operated in restraint
Of trade, thus breaking the Sherman
law. The court gave the defendants
until September 3 to appear in the
case and set October as the date
by which the defense was to have
its answer to the governments charge
filed in court.
The following 16 firms were made
defendants in the case: Standard
Sanitary Manufacturing Co., Of Pitts
burg; A. Weiskittel & Son Co., of Bal
timore Barnes Manufacturing Co., of
Mansfield, O.; Cahill Iron Works, of
Chattanooga, Tenn; Colwell Lead Co,
of New York; Hayward Co., of War
rem, o.; Humphreys Manufacturing
Co.. Of Mansfield, o.; Kerner Manu-
featuring Co., of Pittsburg; J. l.. Mott
Iron Works, of New York; McVay &
Walker of Braddock, Pa; McCrum-
Howell Co., of New York; National
Sanitary Manufacturing Co., OF Salem,
O.; Union Sanitary Manufacturing Co.,
Of Noblesville, Ind; United States
Sanitary Manufacturing Co., Of Pitts
burg; l.. Wolff Manufacturing Co.,
Of Chicago, and the Wheeling Dam"
eled Iron Co., of Wheeling, w. Va.
From one to four officers Of each
corporation were made individual de-
PENDANTS, together with Edwin l..
Wayman, of Pittsburg. who had made
the license arrangements for the 16
firms to use a patent enameling de
vice, the firms licensed being mem
bers of the alleged trust thus Gre
ated.
The defendants filed their answer
In court In Baltimore, but the diff
Guilty Of getting 1t sworn to in time
caused a continuation until early in
November, when the fully sworn an
swer was filed, and the taking of tes-
timony began in Baltimore. Later ii
was adjourned from time to time to
Pittsburg, Chicago and New York for
convenience in getting testimony. The
civil suit, which aims to dissolve the
alleged trust, is still pending, but it
is thought that practically all the
testimony is in.
The criminal case first attracted
public attention early in December
last, when the United States grand
jury in Detroit handed down indict-
ments against the individual defend
ants in the bathtub civil case. Juris-
diction in the eastern district of
Michigan was asserted on the ground
that some of the defendants had held
a meeting in Mt. Clemens when the
formation Of the alleged trust was
discussed and the government charged
that the conspiracy to restrain trade
was entered into there. Many of the
defendants, who had not been in
Michigan at all protested against be-
ing brought to trial in Detroit, but
the indictments had been returned In
Detroit and the demurrer Of the de-
PENDANTS was declined by the court
The defense asserted that the evil
dence in the civil case could not
be used by the government In GRIM
inal action, but the court declined to
Quash the case. With this legal
skirmishing out of the way, both sides
are now preparing for the big bat
tie that will be fought when the
jury is selected that will hear the
evidence. The case Is clear cut and
the issue sharply defined, and the
whole nation will watch the progress
of the trial with great interest
Originally there were Sd individual
defendants. but the government drop
ped its case against Jordan L. Mott,
of New York, and Ludwig Wolff, Of
Chicago, both being aged men. The
other defendants are Theodore
Ahrens, Francis J. Torrance, e. L.
Dawes and W. A. Myler, of Pitts
burg; Anton Weiskittel and John d.
Heise, of Baltimore; G. H. Voegele
and II. II. Barnes, OF Mansfield, o.;
F. II. Caldwell and j. ]. Mahoney, Of
Chattanooga: Jesse T. Duryea and
Bert o. Tilden, OF New York. w. c.
Winfield and A. G. Ward, of Warren,
o.. s. n. Ford and Reid Carpenter,
of Mansfield, o.; j. A. Frauenheim,
Of Pittsbarg; Max Goebsl, of New
York; Thomas Walker and Alex. G.
Walker, of Braddock, Pa. Lloyd G.
McCrum and Howard G.. Gates, of
New York; Frank G.. Borden and d.
w. Davis, Of Salem, o.; l.. G. 'Hues-
man and e. V. Bingham, of Mobiles
Vile, Ind; Charles Arrott and A. II.
Kline, Jr, of Pittsburg; Herman Hoel-
scher, of Chicago; J. z. Wright and
George w. Franzheim, of Wheeling,
w. Va, and Edwin L. Wayman, Of
Pittsburg.