The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1913-02-05
Court Admits Testimony ReIa.
tive TO Acts Committed Az
ter Mt. Clemens Meeting
MUCH OF THIS EXCLUDED
IN FORMER TRIAL
Prosecution of Alleged Trust
Members Has Driven Many
Firms Out of Business

the ruling OF Judge Sessions with re
gard 10 the admissibility OF testimony
concerning acts committed after Aprt
4, 1910. when the price committee OF
the Sanitary Enameled Iron Ware as
ISOLATION finished It's work In Mt
Clemens, and It Is expected that the
government case against the members
OF the alleged bathtub trust win be
greatly strengthened.
The ruling came Wednesday morn
ing when Attorney Grosvenor started
10 ask Edwin l.. Wayman, the chief
government witness question about
the firms who joined In the license
agreement after the Aprf1 meeting in
; Mt. Clemens.
Attorney Honeyman. for the de
tense, objected, claiming that the gov.
eminent indictment charged only q
conspiracy which was completed by
the alleged overt act, the fixing OF the
prices In Mt. Clemens, and that testi-
money as To subsequent acts had no
hearing upon the Indictment. Attor.
ney Henry L. Bodman followed Mr.
Honeyman with carefully prepared
argument, contending that the gov
eminent had no right TO introduce tes-
timOuy WuiCh ulu Ol COHCeIu HUB
charged specifically | the indictment,
At the close Of the argument, Judge
Sessions stated that he did not care
10 hear from the government side as
he had carefully considered the ques-
ton. Judge Sessions said:
THE government is not confined 10
proof OF the one overt act which is
charged In the indictment. II may
introduce proof OF other acts which
may prove the continuance OF the con.
spiracy. II may SHOW that the con.
spiracy continued and that II was
the same conspiracy. These subse-
quent acts which are introduced must
have an evidential bearing upon the
crime which the government Is at.
tempting to establish and of which the
overt act In Mt. Clemens Is an essen
tial part. II is perfectly settled law,
as the defense contends, that the es-
sential elements must be set forth In
the Indictment, and that all the essen
sial elemets must be proven. In order
20 ask for conviction the government
must establis the conspiracy before
April Ia. and the overt act as alleged,
hut evidence bearing upon this which
developed after the acts alleged NAV
he introduced In the effort to establish
IT,"
This ruling will admit q large
amount OF the testimony which was
excluded from the former trial by
Judge Angel after a lengthy argument
on the part or the attorneys in the
case, 1t Is expected that a similar
ruling will be made concerning testi-
Dlony which was excluded In the for
mer trial relating to acts committed
before the allegations in the govern
rnent case,
Attorney Bodman, for the defense,
did not consider the ruling great VIC
tory for the government.
THE requirement that the testl-
mony must relate back 10 the proceed.
ing acts will operate to exclude nrac-
ticaliy as much as was excluded on
the former trial" said Mr. Bodman
The direct examination OF +. l..
Wayman proceeded Wednesday morn
ing. He was led through the various
meetings OF the bathtub manufacture
B ers up to the meeting OF the price
committee I'm Mt CLEMENS. The license
agreements and the other resolutions
and contracts which we're adopted in
the manufacturers meetings and a
mass OF letters and records bearing
upon the formation OF the agreement
were read into the record.
Evidence that the trial of the bath
tub trust has had a serious effect upon
the business is accommodating as the
case goes on. The Colwell Lead Co..
Of New York, one OF the defendants,
has abandoned the manufacture OF
sanitary ironware, the Hayward Man.
ufacturing Co.. of Warren, o.; the
Kerner Manufacturing Co.. the Me-
Crum-Howell %. and two or three
others have either gone into receiver
ships or gone out Of business. and thr
business OF the country is even more
concentrated that II was at the time
the agreement was made.
Prellminaries were completed in
the bathtub trust case, Tuesday az
ternoon, and Edwin l.. Wayman, OF
Pittsburgh, a former Detroiter, was
put on the stand by the government
as the first witness.
Wayman testified that he had been
an officer OF the Seamless Steel Bath.
tub Co., OF Detroit, and went to
Pittsburgh In 1909, to be commission.
er for the Sanitary Enameled Iron
Ware association. Following a meet
ing of the manufacturers OF enameled
ironware In that city in February
1910, Wayman stated that several oil
the manufacturers got together In
formally to discuss the license ar
rangement for the use OF the Arroti
patent. He said that he had brought
up the subject OF Standardization him
self. and that the trade was democrat
lied at that time.
letter written by wayman Il
, Walter Koehler, one OF the manufac
turers who did not enter the agree
ment. was produced by Attorney
Grosvenor. which outlined the license
plan. Wayman then told about the
second meeting, March 2, 1910, wher
the license agreement was drawn uI
In tentative form. Herman Hoel
scher, one OF the defendants I'm the
case, was the first to sign the agree
ment. Wayman said.
Both sides succeeded I'm agreeins
upon q jury shortly after 2 o'clock
The Jury Is as follows: Glen Knapp
Hudson, dairy farmer; Walter Bailey
Romeo. farmer: william Sullivan
Royal Oak. undertaken; George VI
Mitchell, Birmingham, newspaper
3 publisher; Nathaniel Burch, Seneca
farmer; Thomas n. Frost, Goodlson
farmer; Charles Rane, Whitmore
Lake, farmer: Joseph Anderson, Tren
ton. retired merchant: Richard Cur
ran. BEDFORD, farmer; William Bow
! man. ex-hreman, Detroit; Anthony