The Birmingham age-herald., 1913-07-09

any OF the Witnesses. 1ne most d5lOHlSn-
| ing proposition of the days developments
was the frank statement of. Gen. Luke
| Wright, counsel for the grocers, and other
| counsel, that most of the developments
! yesterday were admitted, and that such
admissions would have been made by the
defendants had the government counsel
outlined what evidence was to have been
adduced from the score of men placed on
the stand.
Much Documentary Evidence
All the documents used in the past liti-
CATION were introduced yesterday. Exhib-
its up to No. 5000 have been given over TO
the court as evidence in the case. TO all
that printed and written evidence the de-
Tending counsel objected on the grounds
that everything alleged in the letters
| transpired before the McLaurin admins
tration and prior to the dissolution de-
cree and restraining order of october. 1911.
The government developed yesterday
| from many witnesses that they were So
called semi -jobbers engaged in the retail
and the wholesale grocery business. APP
plications, most of them testified, were
sent to the makers of soap, salt, cereals
and other commodities for direct pur-
chases. AS a general rule, according to
the testimony, there were four or five
makers who either sent letters or repre-
sentatives saying that the semi-jobbers
must buy their goods through jobber To-
Gated in their town.
On cross examination 1t developed in
variably that the sape men who were re-
mar a h1a n
goods direct from numerous other makers.
1t was also proven that the American To-
bacco company, for example, would sell
direct to some of the semi-jobbers who
testified yesterday, but on the other hand
would not sell direct to others under prac-
tically the same conditions.
This discrepancy of policy, alleged by
the government witnesses, created unusual
interest in the trial of the case.
Immergluck First Witness
j. Immergluck of Abbeville, La, the
first witness of the day, testified that he
| had made efforts since October, 1911, TO
buy direct, and was forced to buy from
the jobbers He named the. Diamond
Match company. the Royal Baking Pow
der company. James Pyle Sons. Pennick &
Ford, w. A. Gordon & Co., and the Corn
Products Refining company as among
| those who refused to sell to him direct.
Mr.. ImmerglrclS said he told the Pyle
company that he wished TO place large
order for their goods. He testified that
| he was told that the company would be
glad to sell him, but that his name was
| not on the book issued by the Southern
Wholesale Grocers' association He said
| that he objected to paying 10 per cent
commission to the jobber for handling
| his order.
| His testimony as to the Diamond Match
company and other makers was substan-
TALLY the same as the foregoing.
| On oss-examination MT. Immerglucls
| testified that he purchased goods direct
| from some of the largest concerns in
American. including Libby, McNeal &
Libby, the Federal Cigar company, Ar
mour & Co., Washburn & Crosby, and
others. In answer to the question by Mr..
Percy the witnesses said that the concerns
who did sell him direct were among the
| largest in the country. The witnesses
| testified on cross-examination that If he
| had been recognized as a jobber he would
have been in better position to compete
with the other iobbers than he was III
tiansacting the retail business.
Three Firms Refuse to Sell
| e. e. Brown of the Quaker Oats COM
pany, was the next witness. He simply
identified some letters. Mr.. Brown testi-
fled, however, on cross-examination that
he had been with his company for 20
years, and it had always been its policy
| to sell direct to exclusively wholesale
grocers. The decision in this respect, he
said, was reached by his company with
out any reference to the grocers' associa-
| ton of the south. He denied that his
company had been intimidated into that
! policy.
| L. l.. Wagnon of Union, S. c.. testified
that he had made several attempts to
buy from manufacturers. but without
success In some instances. He named sew
eral firms who refused to sell him ex-
! cept through the jobbers. Mr. Wagnon
testified that although he did buy direct
from great many makers he was i'm
pressed always with the proposition that
IL the Southern Wholesale grocers found
out about his buying direct that he would
be cut off through fear said to have
been entertained by the makers.
On cross-examination he said that he
bought goods from a number OF manu-
| facturers without consideration of the
| grocers' association.
| The remainder of the morning session
was taken up with witnesses who testified
practically to the same facts.
| T. j.. Corstoffin of Macon, Ca, was the
first witness called during the afternoon
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