Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1915-03-14
ARE GRANTED
new TRIAL
National Cash Register Officials
Win Appeal to Higher Court
and Case Is Remanded
For Retrial.

Cincinnati, March 13.-HOlding evi.
dence on one count insufficient and
neither other two coGnts should have
been considered By the district court,
which tried the case, the federal court
appeals for sixth circuit today over
ruled the decision OF the lower court,
which convicted John H. Patterson
and 26 other officials and former Otli-
cials of the National Cash Register
company OF Dayton, Ohio, as guilty OF
Violating the Antitrust Act and re-.
manded the case back to the lower
court for q new trial. The first count
charged conspiracy to monopolize the
cash register trade OF the country and
the other two charges were monopoly
OF trade.
The defendants. in the National Cash
Register case who were indicted by a
federal grand jury at Cincinnati three
years ago numbered 80 men, including
the president, John H. Patterson, and
29 other officials or former officials
and departmental heads of the Nation
al Cash Register company OF Dayton,
Ohio. Twenty-Five were convicted by
a jury in the United States district
court, and q, including President Pat
terson, were sentenced each to serve
approximately years time in Ohio
jails. The verdict was one OF the most
sweeping ever given under the crimi.
nal section of the Sherman Law.
The indictment was reported to
United States District Judge Howard
HOLSTER, on February %, 1912, nam
ing all 80 men as joint defendants in
an alleged conspiracy to crush cOmpe-
tition BY a warfare on competitors, in
violation of the federal law. AL Of the
defendants came to Cincinnati immed-
lately and gave bond for their appear
anCel in court. TIE trial was begun
on November 10, 1913 It continued
for almost three months, the veraict
of guilty being returned by the jury
on February 13, 1914.
Sentences were passed by Judge
Hollister on February II.
President Patterson was sentenced
to pay $4,000 fine and serve one year
in the Miami Jail.
The estimated cost Of the case is
conservatively fixed at 100000, of
which 100000 was borne by the gov
ernment and 100000 by the National
Cash Register company. Some of the
best known legal talent in the coun.
try was engaged to defend the indict
ed officials. The list of counsel in
cluded: Lawrence B. Maxwell, of Gin
cinnati; John S. Miller, of Chicago;
John F. Wilson. of Columbus; John A.
Mcmahon. of Dayton, o., and others
who never appeared in the courtroom
but were at work for months in every
state in the union.
Another big item was the mainten'
ance of the defendants during their
stay in. Cincinnati for the trial A
who.e floor was engaged at leading
hotel during the three months of the
trial and for five days each week the
business of the National Cash Regis
ter company was conducted in these
quarters. Clerks, stenographers and
other help were kept here. Specia!
trains bore the defendants back and
forth between Cincinnati and Dayton
on Friday nights and Monday morn
ings. :,
The governments case was handled
by District Attorney Sherman 7. Nc:
Pherson and his assistants, Edward
Moulinier, and special assistants 10
the Attorney General, 0. E. Harrison
of Columbus and John Lott or Tlfhn, u