Show I DEfENDANTS I ON STAND IN fUEL CASE I Give Their Side of Incident That Drove Sharp Out of Business CHANCE TO EXPLAIN STORAGE TARIFF I Dealer Said That He Would Run Ru Hi Own Business but Failed After over o two hours houn of hot Je legal al alfi I fi fighting before Jud Judge c Marshall in the United d States court this morning the tho principal part of the testimony in the case of the United States a against the theOre Ore Oregon on Short Lino Line and aud Union Pacific Coal companies Everett Buckingham and James M. M I. I Moore was reported aa as practical practically all aU in When the tho court ad ad- at noon two witnesses were yet yetto yetto et etto to be c placed upon tho stand The case caso probably will go o to the jury late this a afternoon J ft U. U morning the main pat part o of the tIle testimony was that from Mr Moor Moor-j and Mr Buckingham bam who are charged along with tho the railway companies and ana tiit tho Union Pacific Coal company compau with being parties to a conspiracy to drive David Hl J. J Sharp a local coal dealer out of 01 business US lb The first witness of the time was Mr 1 rr Sharp Ho was on tho the stand all dllY yesterday aud and had but hut to add to the tho story told toM then thOD The pro prosecution prose prose- t- t cut cution ion rested its caso caso at the conclusion of Mr 11 Sharps Sharp's testimony and the tho de ile defense fen e opened by placing Mr fr Moore one ne neof of the defendants upon tho the stand staad Moore in Own Behalf He lie told toM of receiving not notice co in Tune bOG of the proposed starting of a R storage stor stor- age acc rate on coa coal The rhe now new tariff provided provided provided pro pro- vided that a reduction of 25 merits was to bo be mac QC by the tho Union Pac Coal company and antI that tho the railway y would woud haul the coal at a reduction of 25 cents W n the coal was received by I Mr Ir Sharp at tho the cent 50 reduction ho he gave gln the people the advantage by the retail price Moore says that that was a direct r violation of the tho terms terras of the new lew tariff I Ir I Iras was as meant to go o to the dealers deders at a reduction and the tho d dealers vero to inal-e inal inalea a rc reduction to consumers on in J the form of ofa ti Ct rebate This wa WIl to bo be paid after alter the expiation of tho the tariff In Iii manner t f the thc consumer consume n ed edt t tn tn- l' l coal which Wl was told sold him for storage tora pin purT sea pi-sea NI the tt t r tho the st sta storage a c would be ho thwarted d and thi th tha annual I co coat shortage o wout 1 not be ie clio relieved oh veil T To T. malco certain that hat coal 01 be cd by the consumer um r. r the ro motion I was held oil off until loti after the c of the tariff Talks With Sharp If As As soon oon as t the he reduction was made marle said saul Mr Ir Moore Sharp went to tu selling coal conJ at ot a ton or fifty cents cheapen than thun other dealers This was lu iu direct opposition to the object ct of ot the tho storage e tariff I received receive complaints cow com I plaints from numerous coal cOll dealers nix and I I to see eco Mr r Sharp and antI risked asked him hini I to discontinue underselling the thc coal I He He lie tol told me that he was as running n his own business and he lie proposed to o continue conI continue con con- to do bo so I explained to him the fact that by b- his action the con consumers umers I were nut not u r r obligation to hold bold the thc coal anti aud the he purpose of the tho tariff was I defeated Sharp took until tho thio next day dav to think it over and then thru ho 10 advised nio mc that he le would continue continuA to sell el coal at atthe atthe th the reduce reduced prices I informed him that I would have to discontinue shipping ship pin ping him coatI coal coat I I then sent telegrams rams to D. D 1 1 r. Black superintendent of tho tIm Hock Springs mine mines mine and antI James Needham superintendent nt of the Cumberland 1 mines mine tellin telling them to cancel all all' of Sharps Sharp's orders un until further notice I Confers With Buckingham H At t l that Mr r Sharp went to see sec Mr lr Du Buckingham at al the Oregon Short Line I offices S and Mr r. r Buckingham I Ikin kin called l h by v Continued 3 5 DEFENDANTS ON STAND Continued from page 1 telephone for nl me nie I J had never had h hany any Business dealings n s with Mr Buckingham that time 1 I f U Mr r. r Bancroft Mr r. r Buckingham Mr r. r Sharp and Ind myself n met in an m office to St t talk the thc matter over o I explained l the facts a an 3 they were regarding the Sharp ease casC Mr Ir Buckingham said Raid he had H nothing n to do with it it but h ho be advised nd Mr r. r Sharp to pet t in line and to sell lc coal oal as others did I t Sharp answered that hn owned his 7 own business s and Dd would woul continue continuo to control control con con- it t until lie be was driven out of busi busi- ness J i Mr r. r Moore O r denied that ho canceled an any orders which were on the tho way to the Sharp coal yards lie stated beo that he was not under tho the control con con- or jurisdiction of the railway om 4 Ou On roq examination United States Attorney If H E. E Booth got ot down own to bed bcd rock k What difference did it make to the tho coal 01 oal company or 01 the railroads ho how the I retail coal was vas sold Bold f asked Attorney Booth 4 Mr Moore explained that it St made a n difference in in that case because of the fact fact that it was wall storage toraso tariff and the Jend end of the tariff would bo be def defeated ifS if coal eoal wore were undersold S Booth doth oth Asks Why Did your company ever refuse to tofU toll sell fU ll J was tho the next qU question Mr r. r Moore loore answered in tho if negative yc Then wh why defeat your our business hy by fusing to sell coal to Mr Ir Why Why bould you Jou try to control the retail rite Mr Moores Moore's answer was as again on one the e l subject ct of the intended ends of the tari tariff fl 4 Was there any connection bet between the e railroad business and your coal buses bus bus- lees es 1 asked Mr Booth None that I know of was as the anThen an- an j Ir S II Then why did you ou go 10 to the tho railroad office to Mr Ir Buckin Buckingham bam to talk the o over erl I Out of courtesy replied Mr r Moore I I would have ha gone one any place IT for or the same purpose Nothing to Do With It Next on the witness stand was 18 E Evl Ev- Ev l Jerett rett reft Buckingham another mother of the do do- lie He detailed his duties tt as former general cn ml superintendent of the Oregon Oregon Short Line showing howins that he ba had bad i nothing whatever to do with the freight lend ead of or of the line He lie told of the meet meet- nJ of tf Mr 11 Moore Mr Bancroft Mr ShArp and arid himself in the office and of what was done Sharp Sharp did not call on me ho lie said paid I morel merely was IS called into the meeting by Mr Bancroft t. t I called i Mr ito to try tr and bring about a 1 settlement asit as asit dt it was 35 to the interest of the railroad i ito to have t th the coal conI company in existence I l told toli Sharp that he was standing in inI I his bis own T I positively did id not Dot in in- Interfere i with ith any any shipment of coal billed to the Sharp Coal company compan and Union Pacific I did not know of ot Limy my own kno knowledge that they were ere un un- the same control I J had hr heard rd that they ey were ne the same as IS I have heard ts of other things Pays for Its Coal General Manager ran r W W. H H. Bancroft iio was wat on the witness n stand i lav was lIS recalled shortly before noon lie Jle Hp said irl that tho the Ore Oregon on Short Line Linc mil railway under tinder his jurisdiction pays forS for S ts t coal oil from the Union Pacific byI by I Voucher the same Mme AS ns other bills Some Some- f ims coal oal is s confiscated h by tho railway railway rail rail- way 3 company ori and used for the running I ot of engines D ins but IUt it Is always paid for It ire we ever confiscated any tiny of Mr r. r Sharps Sharp's teal rosl o l it jt was as paid for When H i. i ked if be bad had consulted Mr Moore bof ro conG on con G seating eating coal in a certain erta n P i rid net he lie 5 Stated that he had bad not and I hat ho hr had no jurisdiction over Mr Ir Moore lOOT that ho hu j kt knew w of f I o Cancellation if t Edward E. E Wilton Wilkin chief clerk of the traffic department of the O. O S. S L. L I was iras placed upon uron the stand and testified f i that he had looked up the records and that he lie found no case where h re any ship shin i ment meat ment of coal hn had i been canceled while bile bileen en en route from the min mines s to Mr Sharp lIe II stated upon ero cross croes s examination that I it could pot not have been canceled wit without bout on the records hut hilt it could ha have hae e ef f while en cn route toute This afternoon probably an hour will ill willibe tb ibe taken up with two witnesses for the defense and then the ease case will go to Jury lUr ury A verdict probably will ill bel be this afternoon l |