The Birmingham age-herald., 1913-07-12

troduced The court told the defending
attorneys that so far as he was con-
cerned all the defendants could go home
and not return again except when or
dered to do so or when wanted as wit
nesses for the defense.
Will Adjourn for Week
After making that ruling the attor-
neys agreed that J. H. McLaurin would
on the stand today and an adj
journment would be taken after he
finished to July q. or one week from
because Judge Grubb is to hold court
next week in Jasper. The attorneys
agreed that the cross-ex-
animation of Mr.. McLaurin which was
begun yesterday afternoon would be
this morning whereupon the
defense could place on the stand IL de-
sirable some of the co-defendants now
in the city which will result In the de-
PENDANTS being excused from returning
to Birmingham for court during the
week of July 21.
That was agreed to by the district
attorney and by the court. The court
in disallowing the request for a dis
charge of all defendants except the one
against whom the most evidence seems
to have been produced, said that it was
entirely illogical for such action to be
taken and he must decline to release
any of the remaining men until the
district attorney completed his evil
dence.
On Stand All Day
The entire day was taken yesterday
with the examination of Mr. McLaurin,
president of the association against
whom the government thinks the most
direct testimony has been offered. He
was examined at length by Borden Burr
for the defense He remained under the
examination of Mr.. Burr from the con-
vening of court until about O'clock
yesterday afternoon, when the district
attorney began. Mr.. McLaurin was
questioned by District Attorney oliver
D. Street as to each and every violation
alleged by the government in its bill
alleging contempt and its subsequent
amended petition.
The witness, as on the previous after
greatest light on the whole situation.
He was technical in getting his an
swers to all questions clearly before the
court and frequently when it occurred
to him that he had made slight mis-
statement he called attention to 1t and
corrected the record without delay. on
several occasions, to the merest detail.
he made such corrections in order he
said to be absolutely sure about his an
swers.
During the afternoon crosse examination
Mr.. McLaurin was asked about the all
of James A. VanHoose, who
was sued by Hinton G. Clabaugh when
the former was president of the associa-
tion. He said:
Il considered his administration inn
proper and / repudlated its policies when
I WAS made president to Mr.. VanHoose
and to others
Under New Constitution
Mr. McLausin said that in years gone
by the Jacksonville association was carry
ing things on In a high handed way. as
was the Southern association. He de
clared that he had operated under only
one constitution, and that was drafted by
counsel for the association at the request
of Sam Phillips Of Memphis, former pres
ident of the association. The president
declared that ne nad never seen the al
legged constitution or rules of practice in
troduced by the district attorney except in
ia cksonvile some time ago, when a suit
was pending there against grocers brought
by one Hammond.
Mr. McLaurin denied as strongly as he
could that the association had continued
the practices of the VanHoose admins
tration or any acts that counsel believed
were somewhat doubtful as coming within
the Sherman act He said that every es-
fort had been made to promote the in
lines and that nothing had been done
under his sanction that he believed was
improper.
Defines the Free Deal"
The examination of the association n
president by Mr.. Burr brought out a
definition of the free DEAL as understood
by the grocers. Mr. McLaurin said that
such practice was giving a man some
thing for nothing and frequently caused
small grocers to stock up too heavily with
certain commodities. He gave 1t as Iii,
opinion that frequent failures among
small merchants was traceable to the
overstocking under such conditions
The president said that the circular
complained about was issued by him. He
sa id, however, in explanation that when
he referred to the continuation of the
rules of practices he did not mean any for
mer rules of practice. but simply the
carrying out of tile work as counsel had
advised was legal. He said that he dill
not intend and had no idea Of rejecting
upon the department of justice by asserI-
ing that the rules of practice had not
been interfsrred with. On the contrary,
he said that every effort was made to as
sure the members that the decree meant
something and that 1t was the duty of
everyone connected with the affair to do
as the decree directed.
Mr.. McLaurin will be continued on the
stand today.
Examined by Burr
His examination YESTERDAY morning vas
conducted by Mr.. Burr. with Gen. Luke
Wright and M-. Percy frequently sug-
gesting questions to Mr.. Burr The wit
ness said that he was In no wise operat-
ing a so-called honor roll complained of
and that at no time under his adminis-
tration had silch practice been sane
toned or operated by him.
He testified that when the depart
ment of justice sent Mr.. clabaugh to
his office to examine his files he was
not sure that the government had the