Show EVIDENCE WAS NOT SUfFICIENT I j Demurrer Sustained in the ther r Case of Burlington Gen Gent 1 t eral Freight Agent RESPONSIBLE MAN IS D DEAD AD CASE OF THE HE OTHERS GOES T TO THE JURY it t i t tt 4 City May Gr L T Taa u a fr ht broker and L LB LB B Taggart k clerk derk for at In the United States U 4 court here late today were found guilty of th the e of eon con 4 to iII ay aly give rebates rebie tu to shippers The jury considered the 4 cM ca thirty minutes before ar arriving riving at a verdict for forth forth th will m file a 4 for a new trial and the motion motton wilt will be argued r ed tomorrow The will not pronounce the 4 4 A Thomai and Tak Taggart rt until 4 1 the motion for a new trial Is dis 1 po dof of oft t t I t t I city Mo JIo May 1 Georte Gege H general freight mo man manager er lot f t the r wa di I char charged td by Judge thu morning mornin In the th United States tate dietrict The e c itt urt the demur rr Of M c holding that no vid nce had ben been to connect Crosby with ith a OO az as charged Jr the indictment returned Decem December ber b r by the grand jury This Thi indictment charged that Cro Crosby by had bad conspired with George L Thomaa a freight broker and L B Ta rt hl clerk to pay rebates tc t certaIn The ea ba h been on n trial since Tuesday morning Mr Cro name ha has s seldom been Hon heerd in the prO proceed proceedings eed ings The Tte first offered by bythe bythe the government to sho al alle alleged le ed part in th was that of Frank Barry of ton D C former agent of the interstate corn com Barry Mid iid that Crosby told him in 1895 that the Bur raUw was as paying George L Thoma Il a generous U alar u of the tonnage which h he controlled Not Justified in Evidence Jud Judge t on aM Id there wac Il nothing in th the evidence to indicate that Cro roby by ever directed the payment of or da to Thomas or that he ev even n had any knowledge of the but that on 01 the contrary It had been testified that Thomas MIt MItIc Ic r now dead dMd had always lemed Neb ich orders to tM the claim department Mr Mm Miller r died one year ago After relating the testimony of Frank Barry rry of Washington who said Crosby had told him that Tho Thomas wae being paid a salary by the OM Burlington b bause ause of the tonnage e controlled I Jud Judge e McPherson aaM Jd I Crosby Crsby nd tit tb Ia fa effect m Ia the MUll zm total X x the governments against to connect him with ith the con piracy flaey And it need only be stated HI a t such uc evidence cannot be used to a man h hIgh er low eWe of his Ide lib HIt Not Nor can SUCh sub evidence be used te create reate a cloud upon any mans name iame by reason of a criminal pro prosecution in any court cout tate state or federal I do not have the slightest reon reLlOn to believe that any on one of the these jurors would con conI I Iud lude other than n t I have stated Eat Bat J this as It may it is the duty of this court ourt to say that there i Is no issue to submit to this jury as to the defend defendant ant Crosby Crosb and he is di discharged Case Given to Jury This afternoon ane Judge or 01 red that the cak ul if ThoMas and ad adf Taggart f rut must S to the jury This is sed on the indictment that charges and Taggart with conspiring wIll vi th shippers to obtain and pay re rebates rl bates s Judge McPherson sustained the thed I d demurrer of the defense defelL to the evidence in the In which Thomas ad Ta Tag Taggart I Kart gart were charged with conspiring with G George rge H Crosby to pa rebates The defEnse at once announced that I it would offer no defense and after three hours ar argument the cae was vas sive o the jury |