| Show 81 ANDARD OIL UIL IS DEFENDANT Octopus O Charged With Vio Via Violation f H lation of the AntiTrust Anti Laws of ot Ohio IAL WILL BEGIN TODAY t JOHN J HN D WILL WILC HAVE SEPARATE HEARING I Findlay 0 O Oct 8 Charged with conspiracy against trade In violation of af the antitrust st it laws of the state the Standard Oil company of Ohio Ohia and its alleged constituent companies the Buckeye Pipe Line company campany and the thelI Manhattan lI hattan Oil company campany will be placed i on trial here tomorrow before Judge k k G Geon ean C Banker and a jury in the r V probate abate court of Hancock county In a th he original Information TIled filed last June by County Prosecutor Pras cutar William L Da David David P vid Jonn Jaan D Rockefeller was made a W party to ta the suit but through the granting of a a separate trial Mr Rockefeller will not nat be called as a defendant until the case against the he company campany has been disposed of Mr Rockefeller it is said will vIlI not nat be sum summoned as a witness and will wUl not nat attend the trial Trials on Information If the manner of instituting the suit by information instead of or by grand jury indictment and the jurisdiction as assumed Bum d by the probate court are up held in the higher state courts tl the tle e case will assume added as Indicating an easier casler and und more mare direct method tar for action against alleged trade Both Bath the manner of bringing the suit and the J jurisdiction of the e probate court have been questioned by the at attorneys attorneys attorneys for far the defense but Judge Banker has decided against them on an all aU points paints and no appeal can enn be taken on an these preliminary questions until the case c se has been tried Judge Banker ruled that a violating of the Valentine law constitutes a mis misdemeanor misdemeanor JI demeanor and that the last of the legislature gave probate courts con concurrent conc concurrent current c jurisdiction with common pleas courts over all misdemeanors To this ruling as well as that on an other ather technical points po the defense defens took tack exception I Ohio Law on Trusts The rho Valentine law under which the thea action a tian was brought was passed July 1 1898 It defines a trust elaborately HS DrS s M a combination of or capital cai skill Or acts by two or more marc persons firms etc to ta create or carry out restrictions in fn trade The violations of the act ct are defined as conspiracy against trade and are punishable by a fine of from fram 50 o to ta or imprisonment for far from six to ta twelve months As to ta the evi el evidence dence required to convict the statute says It shall be sufficient to ta prove that thata a trust or combination as defined here herein herein herein in exists and that the defendant be he belonged belonged longed to it or acted for far or in connee connection con tion with it ft without proving all an the members belonging to ta it or proving Of producing any article of agreement or any an written instrument on an which it may ma have been based or that it was evidenced by any an written instrument instrument ment at all The character of the trust trustor or combination alleged may be established established by proof of its general reputation as such |
