Jasper County Democrat, Volume 5, Number 50, Rensselaer, Jasper County, 21 March 1903 — FREES COAL BARONS [ARTICLE+ILLUSTRATION]

FREES COAL BARONS

Case of Indiana Operators Taken from Jury at Chicago and Dismissed. ACTION COMES AS A SURPRISE Judge Chetlnin Holds That if Tried at All the Case He Heard iu Ked- »_ eral Court. Chicago, March 14.—Judge Chetlnin has freed the seventeen defendants In the “Bogle-Indlana” crowd of coal operators and corporations on trial before n jury In his court for alleged violation of the anti-trust act of 1891 and for conspiracy to restrict trade and prevent competition. In a decision

covering several closely written pages of copy, ho decided In favor of the defendants’ motion and instructed the jury to return a verdict of not guilty against each and every defendant. The action of the court came as a surprise to many who have followed the case and was not relished by the prosecution, as it fi.gured It bad built up a strong casa Judge Chetlaln, however, decided that the defendants were amenable to the law. but said that they must be prosecuted. If prosecuted at all. In the United States courts, as the state courts had no jurisdiction. Decision Pleases Barons. After tho decision the defendants separated and (several rushed to congratulate their lawyers, It. M. Wing, S. R. Hamill and N. W. Hacker, while others advanced with smiles of good fellowship and good feeling to where stood State’s Attorney Deneen and Assistant State’s Attorney Barnes. “You were fair towards us and we thank you for it. We hold no ill will for either of you,” were the words of J. J. Higgins and J. Smith Talley, two of the defendants from Indiana. A moment later defendants and their lawyers and the prosecutors and jurors were commingled in a crowd of handshaking men. W. S. Bogle, president of the Crescent Coal and Mining company, which disposed of the output of the Indiana operators, was pointed to as the spokesman of the defense. Tie was asked for a statement and said: “When I get ready to make a statement I will do so. I have nothing to say today.” Orders “Not Gnilty" Verdict. Judge Clietlain’s decision came ns the result of Attorney llamill’s motion to the court to take the case from the jury and discharge the defendant or to instruct the jury to return a verdict of not guilty. Two days were required to hear the arguments on both sides after the state had presented its hvidence, consisting of the oral testimony of Max Eichbcrg, president of the Wabash Valley Coal company. and the introduction of* the round-robin agreement which the prosecution contended was sufficient to prove its case. Judge Cheilnin decided that the affairs of the “Bogle-Indiaua” crowd were properly classified under tlie In-terstate-commerce and that the act of IS9I covering the anti-trust law and the conspiracy statue of Illinois as covered by Sec. 4(5 so far as it covers an nliegal act injurious to public trade have no application whatsoever to interstate commerce, but tho agreement or contract entered into by the defendants tended to create a monopoly and restrict trade and that while the defendants were amenable to the law they could only be prosecuted under the federal law.

JUDGE CHETLAIN.