New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-02-07
Court Afhrms
Sentence and Fines I'M
posed in Case.
ALL MAY GO TO
PRISON NEXT WEEK
Free on Bail. They Plan New
BattIe-COmpetition Killed,
Is Judges Ruling.

The thirteen West Washington market
commission men who were sentenced by
Judge Rosalsky in General Sessions IN
August. 1911, TO three months lmPr'son
ment each in addition TO me ol ~"
for monopolizing the live poultry mafhe''
are likely TO so to prison early next wen
The Appellate Division yesterday uhahi-
mously affirmed their conviction.
Isaac = Jacobson. OF counsel TOT 'he
poultry trust" said yesterday that ne
would surrender his clients early next
week and apply for a certificate OF rea-
sonable doubt, renewing their bail. lhHy
arc now under 5000 bail each. Mr.
Jacobson said he would apply TO JUS
tice Of the Appellate Division or OF the
Court of Appeals for certificate.
AZ Justices Ingraham. Mclaughlin
Iauxhlip. Clarke and Scott were unani-
nous in affirming the conviction. II -
believed there Is slight chance Tor the ue-
PENDANTS 10 obtain stay.
Although the conspiracy statute, undcr
which the poultry men were convicted
has becn law for many years, Judge
Rogslsky's sentence is the hrst IN tne
history Of the state to brins home tne
personal guilt to each defendant.
There have been n few fines imposed on
corporations heretofore. but never
prison sentence upon individuals.
William 4. De Ford the Assistant DIS
,rict Attorney who prosecuted the case
and argued the appeal, is OF the OPINION
that il Is the first time a prison sentence
i'm such a case has been upheld by high
or court n any part Of the country.
The dealers who will surrender next
week are: Erying V Dwyer. Arthur q.
Dwyer. Charles Westerberg, William w.
Smith. Charles r. Jewell, James \. Nor
ris. William II. Norris. Charles T. Hawk
Charles Thatcher. Solomon Frankel, Glen
en- Bishop. Samuel Werner and Charles
Werner. They were directors OF the re"
York Live Poultry Dealers Protective
Association. The association was IN eA-
istence from June. 1906, until March, 1910
The poultry dealers association had an
understanding with the jobbers' associa-
ton whereby commissions were pooied
and diverted to the various members oi
the association pro rata. during por-
ton OF the time the slaughter mousse men
we're included in the pool and shared Ill
tho pro6ts. The members controlled 20
ner cent Of the live poultry trade in New
York.
Mr. De Ford showed that the associd-
ton relied upon the pooling or commis-
ejons 10 furnish their war chest. ana
then started out to fix the prices Of poul-
try from the shipper right down TO the
l. ...s~ in
entries in the books Of the association
which supported his accusation The fol-
lowing laconic memoranda tell the story:
February s, 1909. End Of the year.
War will be declared now very soon.
February 10, 1909. Three weeks period
OF unrest.
February q. 1909 War 8 over"
Their methods were effective. \ dealer
who bought and sold poultry at prices
lower than those fixed weekly by the
combination would find his supply cut or.
The trust had bought ii up.
Sometimes the trust bought an indie
pendent DISSATISFACTION at any loss to
itself. II thu Independent dealer refused
10 sell. a trust owned market would
start I'D beside him and would undersell
him. relying on the division Of the pool TO
make UP the deficit.
$50 effective vas the pool" said Jus
tice Mclaughlin in his opinion, 'that
competition was destroyed and poultry
substantially bought and sold at the price
fixed weekly by the two associations
The prosecution was conducted by MI
De Ford and Willard II. Ellison Assist
ant District Attorneys. William Trayers
Jerome represented the defendants Ed
ward r. Mccall and Isaac y. JACOBSON
argued the appeal for the poultry men