The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1912-03-05
DISMISS APPEAL
IN TOBACCO SUIT
Formal Motion Will Be Made by
American Company. Which
Lost i'll Lower Court.
WARE KRAMER GOT VERDICT
Understood That Famous Case
Has Been Settled to Satisfac-
ton OF All Concerned.

In the United States Circuit Court of
Appeals to-day counsel for the Amer
lean Tobacco Company will ask for
dismissal OF its appeal in the Ware
Kramer Tobacco Company case, thus
ending Il damage suit which has at
tracted widespread attention. The
Ware Kramer Company, which sued the
American Tobacco Company for dam
ages In the sum of sl.20o.Ooo in 1908.
finally got its evidence before II jury
in tho United States Court in Raleigh
three years later, and was given YER
diet of $4,000. The court, however,
ordered the treble penalty, as provided
in the sherman antitrust law. and fixed
the amount TO be paid at $4,000 An
appeal was taken to the United States
circuit Court of Appeals, and to-day
the plaintiff IN error will submit a for
NAL motion asking that 1t be dismiss ed
No information could be secured yes
terday as 10 the basis of settlement or
compromise, If ono was made. i; is
understood. however, that the matter
| has been amicahly adjusted, tho suit
having been instituted long before IN .
tobacco trust was ordered 10 dissolve.
The Ware Kramer suit was probabiy.
tho most notable over flied in North
Carolina That concern wanted dam
ages amounting TO almost Sl,2j0 900 for
injury 10 its business through the al
| legged trust methods of the American
Tobacco Company in driving out COM
petition. 1T was brought under the
Sherman act ana was bitterly fought
at every stage.
Damage Multiplied In Dill.
The actual damage alleged amount I'd
TO 100000, but under the sherman act
II was multiplied three times in the
bill of complaint. Tho costs were re
narkably heavy. United States Dis
trict .IudSa Conner ordered the Amer
lean Tobacco Company 10 pay $4,000
IN fees to counsel for the Ware Kramer
concern. In preparing for trial dep
ositions were taken ali over the coun-
try. the expenses for this alone amount.
ing to It consld arablc aum The dcpo-
sit'ons taken by the American Tobacco
Company were especially voiuminous
and Were bound in book form. there
being fully half dozen sets
Although suit was iilcd in 1905. IL did
not come to trial In Rulelgh until June
:. 1911. Tho taking OF testimony CON
tinued at daily sessions untn July 2.
when argument by counsel began. This
occupied ten days, tho jury retiring on
July Is. and on July IA returned n vcr-
dict for 10000. which, as stated. was
Increased TO $4,000 by order OF the
court. TIL proceedings attracted tin-
usual interest. Tho trust charges
against tho american Tobacco Company
were aired in detail by lawyers for
The compainants, the whole ground
being covered with all agattons galore
mat the trust had gone to every OK
trcmc 10 ruin Its competitors
Junius Parker and w. i. Perkins. of
New York. led tho fight as counsel for
the American Tobacco Company They
We're assisted by Aycock & Winston.
Of Raleigh. the senior mcmblr of tho
firm being .. former Governor Of North
Carolina and Frank l.. Fuller, oil Dur
ham The Ware Kramer Company was
represented by Charles c. Daniela. L.
l.. Swindoll and T. r. Woodward. of
Wilson: f. S. Spruill, Of Rocky Mount,
and \. Il, Cream. of Norfolk. Not all
of these lawyers. however. will be IN
Richmond this morning when the ap-
peal is formally dismissed.