The Birmingham age-herald., 1913-02-15
bath TUB TRUST"
OFFICIALS FOUND
GUILTY BY JURY
Penalty Provides ImprisOn-
ment Not Exceeding One
Year or $4,000 Fine
JUDGE TO GIVE
SENTENCE TODAY
Prominent Men Among Defendants.
Charge Comes Under Criminal
Section of the Sherman
Antitrust Law

Detroit, Mich, February 1.-THE So
called bathtub trust today was found
guilty of criminal conspiracy in restraint
of trade by a jury in the United States
district court. The act as charged is
misdemeanor and the penalty provided
fine of 5000 or both.
Last November the so-called trust was
dissolved by the supreme court in a civil
suit instituted at Baltimore. The crimi-
nal case today was a retrial, the first
trial having resulted in a disagreement
After the announcement OF the verdict,
Judge Clarence w. Sessions adjourned
court until tomorrow at 10 o'clock when
he will pronounce sentence. It was the
second antitrust case decided in favor
of the government in the local court with
in the last week, the other case being
against the "boot and shoe last trust"
The jury required four hours TO reach
a verdict.
Prominent Defendants
The following are the defendants found
guilty.
Theodore Ahrens of the Standard Sani-
tary Manufacturing company of Louis
vile, both individual and corporation in
dicted Jesse n. Duryear of New York;
e. L. Dawes of the Standard Sanitary
Manufacturing company; Francis ]. Tor
rance of the Standard Manufacturing
company; T. r. Barnes of the Barnes
Manufacturing company of Mansfield o.,
both corporation and individual indicted;
Coward T. Gates of tho McCrum-Howell
company of New York, both individual
and corporation indicted Frank G. Bor-
den of the National Sanitary Manufac-
turing company of Salem, o.. both in
dividual and corporation indicted; A.
Weiskittel of A. Weiskittel & Son CONF
pany of Baltimore, both individual and
corporation indicted; Lloyd q. McCrum
of the McCrum-Howell company; Herman
Hoelschler of J.. Wolff Manufacturing
company of Chicago, both individual and
corporation indicted; J. e. Wright of the
Wheeling Enameled Iron company of
Wheeling. w. Va, both individual and
corporation indicted; the Humphreys
Manufacturing company of Mansfield,
O.; j. l.. Mott Iron works of New York;
MoVay & Walker company of Braddock,
Pa, and the Union Sanitary Manufac-
turing company of Noblesville, Ind.
Pleaded Nolo Contendere
Eight defendants pleaded nolo eonten-
dere at the first trial and today they
We're summoned to be ready to appear in
court tomorrow morning for sentence
They were:
j. II. Caldwell and J. J. Mahoney of the
Cahill Iron works of Chattanooga; w. c.
Winfield and a. G. Ward of the Day
Ward company, Warren, o.; J. A..
frauenheim and \. NJ. Frauenheim of
the l<erner Manufacturing company,
Pittsburg, and j. w. Arrott and A. H.
Cline, Jr., of the United States Sanitary
Manufacturing company of Pittsburg.
Ahrens, Dawes and Dureyea were dis
charged at the first trial by Judge Angell
but they said they preferred to stand
trial with their friends and now they
face sentence.
When action was first brought against
the defendants the federal grand jury re-
turned two indictments against them
charging that by criminal conspiracy
they controlled SO per cent of the annual
output of enameled ware; by patent Ii
cense agreements combined to restrain
trade in manufacturers and jobbers plum
bing supplies; refused to sell to jobbers
who handled goods for the so-called in
dependents and attempted to make uni
form prices throughout the country
Antitrust Law Violated
The conspiracy charge which comes UNI
der section one of the Sherman law was
the one on which the defendants We're
tried.
The government contended that In April.
1910. at a meeting at Mount Clemens,
Mich, the defendants put into effect a
conspiracy which they had formed which
resulted in the making of the unlawful
patent licenses