Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-04-11

Washington. April 1O-A writ of
error has been granted by Justice
Holmes of the Supreme Court to
Frederick NJ. Dyer and others con-
sets and sentenced to varying terms
in the House of Correction at Bos-
ton for violating a state law pro-
hibiting combinations in commodi-
ties in general use. The special
charge against them was that they
had com bined in the fish business
for the purpose of destroying the
trade and business of certain per-
sons and firms engaged in selling
fresh fish.
1t also was charged they had Gre
ated a monopoly in fresh fish with
in the state.
Dyer and his associates contend
ed that in the trial court prejudicial
evidence had been Improperly ad-
mitted. The supreme judicial court
OF the state decided that certain
evidence had been admitted i'm
properly so far as charges based on
the common law were concerned
but that the evidence could proper
~ be considered in determining
whether the law in question had
been violated.
An application for writ of GER
tiorari was filed in the Supreme
Court. but apprehensiNe that a re-
view of the case might not be OBJ
tanned by that means. counsel for
the accused sought and obtained a
writ of error. 1t is expected that
the Supreme Court will decide to-
morrow whether it will issue an or
der suSpending the execution of tic
sentences imposed by the Massa-
chusetts court until it has an OPP
portunity TO pass upon the legal
questions raised.
Boston. April 10-The writ OF
error granted by the Supreme Court
of the United States today in the
case Of members OF the Bay State
Fishing Company-popularly known
as the Fish Trust-found guilty by
jury OF effecting a monopoly in
fish. will not in the present stage
Of the federal proceedings interfere
with the sentences now being served
by l. men at the Deer Island House
of Correction. it was understood
here today. Application for a stay
of execution is secondary step
planned by counsel for the convicted
men that may be taken at Wash
lnston tomorrow.
+. Munroe Dyer of New York. and
IL Boston men. bankers or dealers in
fish who participated in the opera
at Deer Island House Of Correction
under sentence Of ten months or five
months each at hard labor. OF the
II who were brought there last Fri
day. six have been declared too i'll
or weak to work. The others have
been given light duties. The fifteenth
of the group. Simeon Atwood, Jr
has been at the Island Jail nearly
two months and is almost eligible for
parole. He accepted sentence at q
time when his fellow defendants were
still continuing the four year fight
against serving the sentence That
was twice imposed
The evidence on which the fish
trust defendants were found guilty
showed that through the operations
Of the Bay State Fishing Company
competition in the extensive tiSh
business at this port was virtually
StranCled prices were regulated and
the supply controlled. - that when
meat supplies dwindlcd and 'he pub
lie was driven to fish IN war times.
purchases from the trust were at
prices Of 10 cents a pound instead
Of FEW cents n pound some time
previously.
Litigation in the case vas long,
and went through many phases.
Originally 90 men were indicted.
some Of item Of Wide prominence in
the banking field. hut Galen J.. stone
and Frederick e. Dumaine. Of tho
latter group. introduced rs defense
their designations III protest over III"
acts If DYER and we're acquitted The
others offered no defense. With tears
in their eyes. Dyer and others now
serving sentence at Deer Island M
pcalcd to the supreme Court Of Mas
saChusetts last week tor 4 new trial.
saying that their counsel had hetr2N-
Cd them ~ failing to offer evidcnc"
in their behalf.