Evening capital news. (Boise, Idaho) 1901-1927, 1919-02-23
ATTORNEYS FOR
| CREAMERY Men
have An INNING
Succeed, During Session Con-
spiracy Case in Federal
Court, in Keeping Testimony
From the Jury.
WALLIS GOES ON STAND
Utah State Official and Com
missioner Turner, Witnesses;
Subjected to Hot Fire by De-
tense Lawyers.
WALLIS GOES ON STAND

The intent of the defense to make
q strong showing that a conspiracy
did not exist among the alleged dairy
combine members was emphasized In
{ the case Of the government against the
Henningsen Produce company ct al.
on an alleged charge of violation of
the Sherman antitrust law, etc,
on Saturday afternoon, when attor-
neys for the dairy people made OBJ
lection to nearly every question put
to witnesses by Leon Bone, special
agent for the department of justice.
who is conducting the case for the
prosecution. Some of their objections
were sustained, but the attempt at
playing for time succeeded admirably
for the defense, as the prosecution
had not succeeded in getting much
testimony Of material nature before
the jury at the time of adjournment.
WALLIS ON STAND.
The first witness called by the state
prosecution was James II. Wallis, for
mer pure food inspector of the state
of Idaho, but now occupying similar
position in Utah. The prosecution
sought by various means to get an
admission out of Mr.. Wallis as to in
vestigations of short weight butter
put on the market by members of the
alleged combine, but did not succeed
very well. 1t seemed that the memory
of Mr.. Wallis was a bit rusty after his
long stay Of four years from the duties
which he formerly attended to in Ida
no, and he. not being able to remem-
Der markings on butter packages
found short in Pocatello, nor being
able to tell from what specific place
they came, was excused for the pur-
pose of visiting the state pure food
commissions office in the capitol and
time he was commissioner, to show
the character of pack ages weighed and
how marked.
STATE AUDITOR TEsTiFIEs.
Witness Joseph Ririe, state auditor
OF Utah, was next called. He testi-
fled that he had been in the dairy
and creamery business in Ogden, and
for time had sought to buy butter
fat in Idaho, principally around
briggs. During the course of his tes-
timony 1t developed that his company
had competed with the Jensen Cream
cry company and others in the briggs
field, and it was alleged that the Jen
sen people raised the price for raw
materials so high that his company
was forced to withdraw from the field.
The same hing happened in Oakley
and Kamas, Utah, according to the
witness.
Theodore Turner, United States COM
missioner at Pocatello. was then called
and the defense loaded up their OBJ
lection machine gun and opened fire
with both barrels, after it was learned
that he had been interested in the
Bancroft Creamery company, located at
Bancroft, Idaho, in 1906, 1907 and 1908.
1t was the contention of the defense
that his testimony was Irrelevant, in
competent and immaterial," every time
he was asked question. as neither
the witness nor the questioning attor-
ney could get anything specific to use
as q base, 1t seemed. After an hour
or so of Tits between attorneys and
questions by Judge Dietrich, who ap-
peared puzzled at times himself as to
what the prosecuting attorneys We're
aiming at, 1t developed that the COM
bine had Unanswered in the Bancroft
territory until the Bancroft Creamery
company was paying more for butter
fat thon they sold their product for.
The session of court adjourned
until 10 o'clock Monday morning.