The chronicle=news., 1913-05-17

the defendants We're guilty OF nils
billing they were not guilty To the
extent charged in the indictment. He
asked the leniency OF the court on the
ground that til. firm had been forced
TO underbiii shipments in order to
compel. with the so-eall.i bath tub
trust. II. declared that i.nIency
should be shown for the reason that
the Louis Lipp company was of great
assistance TO the government In the
prosecution of the bath tub trust.
In reply To Attorney Peck's state
mcnt iha, the Lipp company had
been forced 10 underbili because of a
trade war between II and the
,rust. Judge Holiis'.r declared that
such WAS no, II good defence. He
said II was no, legal for an individ-
ral firm to usc Illegal means Ia rom-
bat II trade war even where nm OPP
poncnt WAS guilty of Illegal acts. ""
pointed OF. that this sort OF de-
fence had been attempted in the
iurcy Society cas.. and that for n
time II appeared AS II such defence
would be- Ne, up during the trial Of
the National Cash Register officials,
Distfic, Attorney McPhcfsan Of
fcred letter from an official of the
Department OF Justice who had as
sisted In the prosecution of tho GOV
ernmchi's suit against the so-cnll.d
bath tub trust. This official asked
that clcmcncy be- shown the officials
OF the company. II possible. In return
for their efficient assistance rem
dercd the government.
Attorney Shnffcr then offered
few remarks concerning the family
OF Well. lie referred to the iaticr's
father as having been the founder OF
the Western German Bank and
prominent citizen Of Cincinnati. He
also called the Courts attention to
III" position occupied by the dcfcnd-
ant aud his brother. Edward =.
Well. who is vice president Of the
Western German bank. lie called
upon the court to extend icni.ncy In
| cOh silci alton OF the family and the
hish position occupied by II In the
| community.
Attorney Peck submitted for the
private perusal OF the court n state
men, OF the business OF the Louis
i.ipp company for the past two years
and Its financial condition Mt the
present time. A glance At the state
mcnt brought forth nm expression OF
surprise from the court that the con-
GERMS business was not greater than
indicated by the statement.
''ix the property free OF debit"
asked the judge OF president i.ipp.
Lipp started to reply whcn he WAS
interrupted by We'll. who declared
tina, II was no, and 'ha, It had been
pledged to Its full value to the West
crn German Bank up until ~ few
months ago when som. of III. In.
debtedncsx was paid Oft
Inquiry on the part OF the cour,
developed the information that be-
tween i:5 and 1870 men are employed
by the company.
During the courts examination OF
We'll the latter denied that he had
made any of the statements attrib.
utcd to him by his former shipping
clerk. He also denied that he had
any knowledge OF the undcrbiiiing or
hud directed that goods should he
undcrbilled. Here District Attorney
Mcpherson submitted to the Court
documentary evidence which he
claimed was written instructions
from Well to his shipping clerk to
misbill shipments. Well admitted
without inspecting the evidence that
the handwriting was his own.
When seen after the court had
passed sentence MIR. We'll stated he
had nothing whatever to say for pub
'ication. He said that his attorney.
Frank Dinsmorc. would make any
statement necessary. Mr.. Dinsmore
said he had nothing to say.