Show DISMISS SECOND SUGAR COMPANY CASE Hearing of Third Case of Alleged Profiteering Profiteering Profiteering Profiteer Profiteer- ing Begun The second case caso Jn In the series against the Utah-Idaho Utah company was dismissed yesterday before United States Commissioner Henry V. V Van Pelt and testimony was taken in the third case CS The latter names Thomas R. R Cutler C. C W. W Nibley Merrill Nibley Stephen Ste- Ste Ste-I Ste phen H. H Love James D D. Murdock W W. S S. S McCornick W W. S H II Wattis and David A. A Smith The charge charce charges Is s brought by the government and accuses accuses' the company and Its di directors dl I rectors of at charging an price for sugar All of ot tho the defendants with the exception of or Merrill l Nibley and J. J D. D Murdock were present In Incourt Incourt incourt court when tho case was called United States Stales District Attorney Isaac Blair Evans appeared for tor forthe the he prosecution John A. A Marshall Thomas Marioneaux and Joel Nibley represented the defend defend- ants Among the witnesses examined d were ere W W. T. T assistant secretary secretary sec see and treasurer of ot the de defendant defendant defendant de- de company J. J P. P Goddard of at the Goddard Abbey company compan accountant Noah S. S Pond manager manager manager mana mana- ger of ot the tho Pocatello Z C. C M r. r L I. W W. P. P McDonald of or the Idaho Wholesale Grocery company Po Po- Po- Po catello and Floyd T. T Jackson lead hood of or the local office of ot the tho federal bureau of investigation Had No Case Upon the motion mollon of ot the government government govern so ment and at the request of ot Assistant Assistant Assistant Assist Assist- I ant United States District Attorney 1 icy ney e John S S. Sm Smead d of or Idaho where cases 2 and 3 originated case ase No 2 was dismissed because It t named three defendants against whom the government had no case These were Heber J. J Grant president of ot the company who voted against a n raise rae In the tho price of ot sugar W W. T T. T and H. H G. G Whitney who were not directors nt at the time the high price was or or- or dered W. W T. T testified Identifying Identify Identify- InS InS' ns a n. copy COP of the minutes of or a meeting of ot boa board reI of ot directors held April 10 1920 It was was brought out that Stephen H. H Love sales and traffic manager o of the tho company com corn pany was not then a director he having been appointed 1 on the board about May Ia 10 Goddard Testifies J. J T P. P Goddard testified to makIn making malting mak malt In ing an audit of or the tho sugar company's company's com corn pany's books showing the cost of or production of the 1919 1020 crop of ot sugar to be 1 9 44 1 per tOO tOO- pound bag He further said that the company compan had on hand on May ray MayI I 1 when the Increase became ef ef- ef bags bass of or sugar Noah S. S Pond manager of ot the Pocatello Idaho Z C C. M M. M I. I branch t 1 d to the hc he purchase of pr sugar fi from flom oni the defendant company at per bag and to buying sugar of ot the thc same me grade grado before beCore May 1 at a price of or 1413 per bag bas W. W I n. n McDonald gave save similar testimony Investigations Told Floyd T. T Jackson told of or his re researches researches re- re searches concerning the case testifying testifying tes tes- that the tho total production of or the sugar company compan for 1919 1920 was about bags bacs that the com company pan had on hand ray May 1 I about bags Ho said that the price of or sugar SUlar was 13 cents per pound from January 25 to May 1 I. I 1920 when the price was advanced He said that the average price of ot the 1919 1918 crop was about 9 cents per pound Bills of lading and invoices bearing out the testimony of ofIr Mr MI Ir Pond and Mr McDonald were In InI Introduced introduced In- In in evidence I The government rested and the defendants announced that no testimony would be bo offered at this I time Fixes Bond th the the- bond for tor each of ot the defendants defendants defend defend- ants in the tho sum aura of ot re requiring requiring re- re quiring them to appear before the United States district court for tor forthe the tho district of or Idaho eastern division division divi divi- sion slon Monda Monday October 11 Judge Marshall of or counsel for tor the defense defense de de- de- de fen o sought hl to have tho the amount of ot tho the bonds reduced asking the question If U the government will Join In Jn a motion for tor the reduction reduction reduction tion would It be entertained 7 The Tho answer of ot the commissioner was In the negative Hearing Adjourned Hearing was then adjourned until until until un un- un- un til 4 o'clock at nt the office of ot the commissioner but before that hour tho the bonds had been filed and C approved 1 The Tho sureties for c each ch of ot the 10 bonds follow For Stephen H. H Love Thomas Thomaa R. R Cutler and J J. D. D Murdock for tor I James D. D c Thomas R B. RI Cutler and Stephen H. H Love for tor Thomas R. R Cutler James D. D Murdock Murdock Mur Mur- dock and Stephen H. H Love for or W. W H H. Wattis W. W S. S McCornick I and Thomas R. R Cutler for tor David DavidA A A. A Smith W. W S. S McCornick 1 and Thomas Thomaa R. R Cutler for tor W. W S S. McCornick Mc Mc- Corni Cornick k k 1 W. W H. H Wattis and Thomas Thom Thom- as R. R Cutler for tor Merrill Nibley W. W H. H Wattis and W W. S. S McCornick I for tor C. C W W. W. W H. H Wattis aWs and W. W S. S McCornick |