Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1913-02-15
United States Government
Makes Good in Indictment
Brought Against Officials
and Companies,
SHERMAN LAW SHOWN
TO HAVE SHARP TEETH
Penalty May Be Year in Peni-
tentiary and Fine Of Five
Thousand Dollars, or Both
if Court Wills,
m, uo,nlne Iourunl speclal Iea.ed wlre.l

II OOult WHO,
INV Morning Iournai special Leased wirel
Detroit, Mich, Feb. lf.-The so
called bath tub trust was today found
guilty of criminal conspiracy IN re-
straint of trade. Ny jury In the Unit
ed states district court The act. as
charged Is a misdemeanor and the
penalty provides imprisonment not ex-
ceedlng one year. or a line of $1,000
or both
Last November the so-called trust
was dissolved by the supreme court
In "a civu suit instituted at Baltimore.
The criminal case today was re-
trial. the first trial having resulted IN
"A disagreement. After the announce
ment Of the verdict, Judge Clarence
W. Sessions adjourned court until to-
morrow at 10 o'clock when he will
pronounce sentence. II was the sec
ond antitrust ease decided in favor
Of the government Ia the local court
within the last week The other ease
was against the Boot & Shoe-Last
trust. The jury required four hours
To reach verdict. The following are
lhc deicndants foaad guilty
Theodore Ahrens Of the Standard
Sanitary Manufacturing company, Of
Pittsburgh. both individual and cor
porauon indicted, Jesse r. Duryea, of
New York T.. L. Dawes. OF the stan
dard Sanitary Manufacturing com
pany. Francis j. Terrence Of the
standard Sanitary Manufacturing
company. T. r. Barnes of the Barnes
Manufacturing company, of Mansfield.
O., both corporation and individual
indicted. Howard r. Gates, of the Me-
Crum- Howell company of New York.
both individual and corporation in
dicted. Prank 6. Borden. of the Ma
tional Sanitary Manufacturing conn
pany, OF Salem. O.. both individual
and corporation indicted; a. Weiskit-
tel, of A. Weiskittel G Son CO.. of Ral-
timore both individual and corpora
ton indicted. Lloyd q. McCrum, Of
the McCrum- Howell companyi Her
man Hoelshler. of l.. Wolf Manufac-
turing company, of Chicago, both In
dividdal and corporation indicted; }.
T. Wright. of the Wheeling Enamelled
Iron company. Of Wheeling, W Va,
both individual and corporation in-
dicted the Humphreys Manufacturing
company Of Mansfield, o.; J. L. Mott
iron Works, Of New York; MeVay a
Walker CO., Of Braddock Pa and the
Union sanitary Manufacturing COM
pany, OF Noblesville, Ind.
Eight defendants pleaded nolle con-
tendra, that is no defense, at the first
trial. and they were summoned today
to be ready TO appear in court tomor-
row morning for sentence. They
were
j. H. Caldwell and j. J.. Mahoney
of the Cahll iron Works, Of chatta-
nooga; w. c. winfield and a. G. Ward.
of the Day Ward company, Warren,
o.; j. A. Frauenheim and A. NJ.
Fraucnheim. of the Kerner Manulac-
turing company. Pittsburgh, and j..
w Arrott. and A. II. Cline Jr., Of
the United states sanitary company
OF Pittsburgh
Ahrens. Dawes and Duryea were
discharged at the FIRST trial by Judge
ANGEL but they said they i,seferred
ITO stand trial with their frienes and
now they face sentence. When ac-
ton was first brought against them,
charging that by criminal conspiracy,
they controlled SO per cent OF the am
nual output of enamelled ware; by
patent license agreements, combined
to restrain trade in manufacturers
and iobbers plumbing supplies: re-
fused to sell to iobbers who handled
goods for the so-called Independents,
and attempted to make uniform prices
throughout the country
The conspiracy charge, which comes
under Section L of the Sherman law,
was the one on which the defendants
were tried The government contend
ed that in April 1910 at meeting at
Mount Clemens Mich, the defendants
put into effect q conspiracy which
they had formed which resulted In
the making of the unlawful patent
license agreements. Edwin =. Gros-
venor appeared for the government,
assisted by District Attorney Clyde
Webster and former District Attorney
Frank Watson. Special Agent Joseph
r. Darling secured the evidence for
the government.
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