The Calumet news. [volume] (Calumet, Mich.) 1907-1938, 1912-02-03
TAKE UP BATHTUB
CASE ON TUESDAY
One Of Most Important Anti
Trust Cases. Prosecuted
by Government
WILL MAKE STRONG DEFENSE
Attorneys for Indicted Men Con-
fident Of Victory
Government Attorneys Depending
Largely on Testimony Of Ed
win /. Wayman.

Detroit, Mich Feb. 3.-The govern
ments criminal case against the six
teen firms and thirty-two individuals
In the so-ca!led Bathtub Trust who
are alleged TO have obtained control
Of S5 per cent. of the annual output
Of enamel ironware bathtubs, sinks,
lavatorien, etc, in the United States,
win be called for trial in the federal
court here tuesday. The case, which
has been pending in the courts for
nearly two years. is regarded as one
of the most important i'm the anti
trust campaign Of Attorney General
Wickersham.
The criminal proceedings grew out
Of a civil suit To dissolve the alleged
combination, begun by the government
in the federal court at Baltimore in
1910. The evidence adduced i'm the
hearings of the civil suit was presented
to the grand jury here by Edwin T.
Grosvenor. special assistant TO the At
torney General and indictments were
handed down on December 6, 1910.
II is charged by the federal officials
that as a result of a ten days meet
ing at Mount Clemens, Mich, I'm April,
1910, fund of $1,000 was sufficient to
set i'm motion a plan that resulted in
giving TO the defendants control Of
sixteen manufacturers and nearly 400
jobbers, representing an output of app
proXimately $1O,O0O,OO0 a year.
The Governments Case.
The indictments charge that the de-
PENDANTS compelled the jobbers to en-
ter into uniform contracts, and that
an the defendants refused TO sell 20
any iobber unless he would sign such
contract. The government officials
take the ground that theSevdence in
the civil suit showed that the defend
ants attempted to disguise their COM
bination by the subterfuge Of purchas-
ing the patents on certain tools and
licensing certain firms To use these
tools.
The government places great weight
on the testimony of Edwin l.. Wayman
Of Pittsburg who is described as the
licenser of the alleged combination,
and whose testimony i'm the civil suit
has rendered him immune from being
made a defendant i'm the criminal pro-
ceedings. Tho government charges
that Wayman obtained $1,000 from the
Peoples State Bank of Detroit by Civ
ing 100 shares of the Standard Sanitary
Manufacturing company as security
and that, i'm using this fund To pur
chase several patents, $1,000 went back
to the Standard Manufacturing COM
pany for patents that it is alleged TO
Plans For Defense.
The government charges that Way
man collected SO per furnace per day
from each of the sixteen defendant
firms. some of which had as many AS
eighty furnaces. and that after two
months those firms that did not violate
the agreement were to receive a rebate
Of SO per cent of this contribution.
Wayman's collections it is alleged,
ran as high as 72O per day.
lFuH plans for the defense of the
firms and individuals under indictment
have been made at a conference here
of attorneys interested i'm the ease.
The attorneys appear satisfied that
they will be able to put up strong
defense of the indicted mem They
contend that the case hinges on the
exact classification Of the Arrott pa
tent, for the use of which licenses were
issued to the sixteen indicted firms
thus creating the alleged trust. The
points involved being SO finely tcchni-
cal. the attorneys say the defense still
Is surprised that the government at
torneys talk of asking Jail sentences
for the indicted magnates II they sue
coed in convicting them of conspiring
to restrain trade.
Many Manufacturers involved.
The individual defendants who will
be placed on trial are as follows;
Theodore Ahrens, Francis J. Tor
rance, r. H. Dawes, and w. A. Hyler,
officers of the Standard Sanitary Man
ufacturing company, Of PittSburg: G..
NJ. Vocgelc and T. r. Barnes. presi-
utlil anu StAitidIN VI tH1 ifNAh''
Manufacturing company OF Mansfield,
o.: Frank H. Caldwell and J. j. Ma
hony. president and vice president Of
the Cashill Iron Works, Of Chattanoo
ga: Jesse r. Duryea and B. O. Tilden,
president aud secretary Of the Colwell
Lead company New York city; w. G.
Winfield and a. G. Ward. OF the Day
Ward company. Warren, O.. $ Nj.
Ford ami Reid Carpenter, president and
vice president secretary OF the Hum
phreys Manufacturing company. Mans
field, o.: J. A. Frauenhel of the Ker-
ner Manufacturing company Pittsburg,
Jordan l. Mott and Max Goebel. OF the
Mott Iron Works New York city.
Thomas Walker and A. c. Walker. OF
Mcvay and Walker. Braddock. Pa; l..
&C.. McCrum and III. r. Gates. OF the