The Wilson times. [volume] (Wilson, N.C.) 1896-19??, 1911-06-30
TOBACCO SUIT
DRAGS ON
WARE STILL ON THE STAND..IS
CROSS EXAMINED ABOUT
REBATES
end NOT YET in SIGHT

Raleigh, N. c., June 29.-Acknowl-
edging that he wrote letter in
which he said that Graft is what
they want and business is what we
want" F. D. Ware, president of the
Ware-Kramer Tobacco Company,
which is suing the American Tobac-
co Company for damages for alleged
crushing it out of business, was put
through a very searching cross-exami-
nation yesterday by Junius Parker,
of counsel for the defendant Much
Of the morning was taken up with
explanation of the why's and where
fores of certain secret rebates that
the witness admitted he gave to job
bers in various parts of the country.
Mr. Ware made a pretty smooth wit
ness, and at various times the court
had to call him down for attempt
ing to testify to matters which the
court had on numerous occasions
ruled out as incompetent The pr1n-
oiples of law, SO long established,
which excludes hearsay testimony.
has been the means of keeping out
Of the record many of the sensational
things which were alleged in the bill
Of complaint. When Mr.. Parker would
read excepts from letters, the witness
would ask leave to read the whole
letter to the jury in explanation OF
this. Finally the court interposed to
cut short the long explanations, rul-
ing that the witness might himself
read the whole letter before making
a comment in explanation and that
his explanation to the jury would be
confined to oral testimony.
Did Give Rebates.
Pursuing the question Of granting
inc rebates New
York jobbers, it was established that
the Ware-Kramer Company did give
to the Retail Cigar and Tobacco
Dealers Association Of New York a
special allowance of per cent to
the salesman and a like amount to
push their goods. In this letter which
told of this deal, Mr.. Ware COM
mented that if they had to graft the
draymen they would quit business.
In explanation of this the witness
said New York is peculiarly in love
with something on the side"
In a letter which the witness ad-
1nitted writing to Samuel Kramer,
members of the firm, who was in
Jacksonville in October, 1906, com
planning that business was sinking
wherever Kramer went, occurred the
expression, 'sI find there is greater
intelligence in the north.
Judge Connor interrogated, What
does that expression mean?"
"The northern trade" the witness
explained, twas not anxious to make
everything at once. They exercised
greater degree of intelligence.
Wants Way to Hedge.
"Do you mean that the people OF
asked Mr.. Parker.
"W011 t mean the nQODl0 of the
north outside of New York" replied
the witness. After one or two more
such tits passed between counsel
and witness, Mr.. Ware expostulated:
Well I don't want to lay down
line so l can't hedge either way"
This brought laughter in the court
room.
Special inside deals given in New
York. Philadelphia, Jacksonville, Sa-
Vannah and other places were dwelt
upon at length during the morning
At one time Mr.. Ware explained that
his mother taught him that when
something had happened it was for
something. that had been done,
Well" asked Judge Connor, "did
Your mother teach you to make ci-
garettes?'' and to this the witness en-
tered disclaimer.
Then Mr.. Parker took dive into
the alleged watered stock deal. The
witness explained that dividend OF
$4,000 wa~ declared in stock after
tne Baltimore parties bought out the
wilson stockholders. The profits on
the books were $4,646.70, the increas-
cd value of tobacco was charged at
Sz,44O.59, and the machinery account
was increased $7,995.95. From this
total small amount of bad debts
was deducted and the dividend OF
$4,000 was declared. 1t developed
tnat the dividend amounted to $500
additional stock to each $1,000 IN
STOCK. This was declared about Feb
ruary 19, 1906
When some of the witness express
SONS were recalled to him by reading
OF letters he would reply, "that is
merely hypothetical or sit's a figure
VI speech" The cross examination
oI the witness was often featured by
ASKING the witness was that merely
a ngure of speech, or is it hypothe-
tlcaI At one time the witness wrote
~ ous Pickard, a salesman, advising
~ niin not to give deals and he denied
saat sa White Rolls had been sold foI
So;oO, and declared that ne had never
ipiIled goods out for less than $3.50
iess lO and 2 per cent. The witness
INSISTED that this statement was
ScIually true. Then Mr.. Parker
J Seived into the letter files and pro
ouced instances where rebates were
sven in Jacksonville and Savannah