The Birmingham age-herald., 1913-07-10

pldHdllOli, III my Judgment. mere WAS
a course of business that the govern
hent attacked by its bill, and If 1 un-
derstand it-I am not familiar with
all the provisions of the decree, but l
believe that some of the provisions of
the decree are shown to have been
violated by the subsequent course of
business, If that is as testified to by
these witnesses.
Refers TO Circular
Nov, it seems to me that this cir
cular in which Mr.. McLaurin says that
the activities of the association were
not affected by the decree and will con-
tinue as before is enough evidence to
put the reply upon the defense. The
question now is, Mr.. Percy, is whether
Mr. Street: Let me call
Mr.. Percy: II want to say this to your
honor; these defendants are scattered
from remote corners of Texas to vir-
ginia. Many of them haze written me
that due to illness, due to this cause and
that cause that it was very difficult
for them to be here, and there a num-
Der of men who are named as defen-
dants who have never attended a meet
ing of the association since they were
elected as directors I assumed the re-
sponsibility of advising them that l
didn't believe that it was necessary for
them to come here, that so far as
could see there was nothing to connect
them with this case.
The court: Let me
Mr. Percy: II just want to sug-
gest--"
The court: up to date I don't see
anything to implicate anybody except
the Southern Wholesale Grocers' asso-
citation and Mr.. McLaurin. Now, if Mr.
Street has anything else let me hear
from him. I am with you as to
those"
Mr.. Percy Because I wanted to
communicate with some of these gem
tlemen II your honor
Mr.. Street: I'VE have numbers of
circulars and letters
The court: Lets see: the others arc
entitled to their discharge. it seems
to me-.
Defense Opens This Morning
1t appears now, following the out
line by Judge Grubb as to his views
of the case that the defense will open
their testimony this morning. The case
and adjourned for oral arguments
later as Judge Grubb must go to JAS
per for court next week and cannot
further handle this case.
The defense outlined their possible
steps to the court yesterday. II is evil
dent that the defense Will ask for the
discharge of those defendants this
morning that are left out of the list
being prepared by the district attor-
ney. In other words, those directors and
defendants who are not connected with
the letters introduced will be absolyed
of contemplate Will then be necessary
for the defense to clear the associa-.
ton, Mr.. McLaurin and the defendants
to be held
he 1afa
cred Will not place on the stand more
than half dozen witnesses. j. II. Nc.
Laurin, against whom the court thinks
some evidence has been offered, con-
Meeting him with Illegal practices, will
be the principal witness for the de-
fense. He may go on the stand this
morning or at least during the day
Then will follow the evidence of other
grocers and witnesses for the defend
ants
1t is understood that the association
will allege and attempt to prove by
the decree itself that the government
when the decree was rendered absolved
1t from being Illegal as an association
and specifically authorized its continu-
alton as an association The wording
of the decree so asserts, according to
the defense.
As far as the blue book is con
cerned the defense will undertake to
show that the grocers listed therein
are not exclusively members of the
grocers' association, but that the book
contains the names of all grocers in
the southern territory. The defense will
undertake to show that by no pos
sible coercion could the grocers have
influenced giant manufacturing COM
panies to enter into a combination to
sell direct to the wholesale trade and
ruin retail dealers
Clabaugh Is Examined
Other than the comments of Judge
Grubb yesterday clearly showing his
IDEAS about the case, the next most
exciting proposition was the examina-
ton of Hinton G. Clabaugh, special
agent for the department by Mr.. Street
and subsequently the cross examination
by Mr.. Percy.
Mr.. Street asked Mr.. Clabaugh If when
he asked for all papers In connection with
the association he was furnished with the
two oHendins circulars, he answered no.
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