New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-09-14
FRANK J. GOULD FINED
MILO Contendere Plea Accepted
in Wire Pool Case.
MOI TO THE COURTS LIKING
,udge Hough Justifies Action by
Saving He Followed Pred
ecessor's Course.

s-srk J. Gould, who vas indicted on
,,c - as president OF the old Dominion
-, and Nail Works, of Richmond. Va.
=, eichty-two other defendants for par
.,,o.,ion IN pools 10 control the steel wire
dc entered a plea Of nolo contendere in
rr,ted states Circuit Court yesterday,
"a Judge Hough fined him SlcOo
,,3re Hough said. in accepting the plea
polo contsndcrc. that he was simply
,'nowinc the action taken by Judge Arch
"a In the case of seventy-three of the de-
s.,ssnts. who appeared before that judge
- we're fined after entering this plea,
So has never before been permitted in
: ms jurisdiction.
/ .,prrins my time there have been quite
,yr1ber OF applications made for the
- NJ non wilt in this district said
t.sqs Hough so far as I know. after in
.,,rv OF the comparatively few persons
.,o have been acquainted with these
,,,ris longer than 1 have, il is not within
~ memory Of a living man that the plea
= non yuIt has been accepted in New York.
The reason for this, ] think, is quite
l,,ioys on examination of two or three of
,.,- state statutes. II is now many years
,s,ce pleadnC on the criminal side has been
-.-plsteI bv statute IA New York. and
,,ereforc the common law plea or non vult
s,s moi been accepted in the state courts.
III IS Of such common occurrence that
q, tbc substantive matter contained in any
attachment. charge might be brought
A. the federal court or in the state courts
49,, II would be- most unjust to have a
t.nd al plea acceptable in the federal court
ubieb was unlawful in the state court es-
-,.,iailv when that particular style Of plea
!. and has always been from time imme-
-,-s-l Within the discretion Of the tudl
curt
Therefore I wish IL to be understood, so
,sr .e ann concerned. that the acceptance
n the plea Of non vult in this case is based
upon Us acceptance by the judge who nrst
hard t. for there is no reason here that
lean see 20 change what has been done in
,ss particular case. but this action IS not
n be regarded as precedent IN my dullln-
i.,r,t.on of the criminal law
After entering the plea Thomas :. r uiler'
,,.n..l for Mr. Gould. explained 10 the
,o,-. hi, clients connection with the pool.
70 aid that Mr. Gould had been large
,.o,tbolder several years in the street rail-
Wv comnanies Of Richmond. Va, Whlch
io- time were not successful financially.
4. thew needed more power Mr.. Gould
bourrt the water power at Belle Isle. a, oy
r,~l,aying the old Dominion Iron and Nail
comnany. which owned the power. This
compapy Mr.. Fuller said was at the time
or m, purchase member OF the horse
Shoe Manufacturers Association. the pool
Tor membership in which Mr.. Gould was
indicted.
The old Dominion Iron and Nail Com
many. Mr.. Fuller continued, resigned It's
membership in the association in 1sOo' out
,rfeavors were made 10 secure its return Dy
crerire better terms. Before consentng that
lie company should return 70 the associa-
iirr AIR Gould secured the advice OF ms
ro,usel. who assured him that in his opin-
ION the rlan did not infringe the law.
Mr. Gould then gave his consent that the
.npany should rejoin. the association, MI
I-rller said but ne expressly prohipited M
company from agreeing To- any plan Wmch
had for its object the fixing OF prices. IN
pa the company withdrew voluntarily
ana has not been party to any arrange
ment Of this kind since.
During the periods when 1t was mem
,,sr II the association Mr.. Gould never al
tended a meeting Of the association or mad
soyfbing To- do with the rules Of the asso-
citation or its management in any way-his
sole connection bcinS that or nominal
president