The Topeka state journal., 1919-10-23
He Answers Argument That
"Thieyes Are in a Row."
Near Fight in Court Over
Beatrice Creamery Case.
GOES TO JURY THIS EVENING
First Attempt at Prosecution
Under I'll. C. of L. Probing.
One Grocer Makes $65,0OO Sales
on $4,000 Investment.

T. F. Doran, attorney for the
Beatrice Creamery company. and Cliff
Matson. assistant attorney general.
George H Whitcomb's division of the
district court when, during the prog
ress of unlawful combination trial.
Matson said:
SIT Is just a case where thieves got
into q row..
Doran walked around the table and
shook his clenched hand under Mat
sons jaw.
Il am not thief, I want you to un-
derstand.'
81 didn't mean you" replied Matson.
.Nor are my clients thieves" said
Doran. That is false statement. and
uncalled for and unethicaI"
Matson walked away. So did
Doran.
The clash followed testimony by
small grocers in the outskirt to the ef-
Beatrice Creamery company of the
actions of "the big fellows" in selling
Meadow Gold butter for less than the
small grocers could afford to sell it.
These protests, the grocers stated.
were taken to the company's offices
and they were assured that there had
been no discrimination in price to the
big fellows"
Groccrs Tell of Expenses.
The grocers, including HI S. Riddle.
| sol West street; c. G. Morrison, 1405
! West Fifteenth street. and S. S. Rice,
332 Taylor street, stated that their
/ overhead expenses were estimated at
from 16 to 1s per cent on every dol,
| lar. Morrison stated that his total
sales during the last year were sS5,-
! 600 on $4,000 investment
Their contention was that by SELL
| ing butter at a margin of one or two
cents on pound they could not break
even. The state contended that but
ter, a daily commodity. turned over
365 days of the year did not demand
/ the same percentage of profit as
canned goods and dried fruits which
lay on shelves for months.
c. H. Haskell, local manager of the
! Beatrice Creamery company, took the
stand this morning. He frankly ad-
mitted that he had gone to Doran. his
attorney. and asked Doran II he might
quit selling butter to certain custom
/ ers He denied. however, that he had
! entered into any agreement with GER
tain grocers to, stop delivering butter
1 to certain others until they brought
| the retail price up to standard
| Henry Huber. a driver for the COM
pany, testified that after talk with
| Haskell he had told Rabe Brothers
and the White House market that a g.
j cent margin on butter would be tad-
visable" He denied any threats or at
tempts at combination.
| George B. McKinsey. of the Grand
Union Tea company. testified that ant
in which the "advisa bility' of a 3-cent
! margin was discussed, he was enabled
/ to purchase butter after agreeing to
such a margin.
Judge Oyerrulcs Motions.
Judge whitcomb this morning over
ruled motions introduced "Wednesday
evening by Doran, attorney for the
Beatrice Creamery company, in which
he asked the Judge to acquit the de-
PENDANTS because no offense had beer
proven by the state. The second mo-
ton asked that the four counts against
Haskell be reduced to one and that the
state be compelled to elect on whicf
one he should be prosecuted.
! Testimony closed at noon today
Arguments by attorneys consumed the
first part of the afternoon. Then the
case went to the jury.
i May Close Plant.
That he was making at least 100 pei
cent annually on his investment II
Meadow Gold butter was admitted or
1 the witness stand Wednesday by E. II
Rabe, of Rabe Bros. meata market
That the Beatrice Creamery com
pany would close down its plant hert
if convicted was intimated by T. F
tDoran, attorney for the defense, before
the attentive jury. He was cross-ex
amining George B. McKinsey. a STATE
witness.
"Do YOU want to send this man tt
iail?" he asked. do you want to SEE
this great plant closed up? Do yol
: know that's what will happen If thii
: i man is conyicted?"
state counsel vigorously objected II
these questions and the ob5ection
were sustained by Judge George H
Whitcomb-
This is the first and only attempted
prosecution in Topeka resulting from
: the high cost of living investigation
conducted by the attorney general