| Show CASE MAY MY I IBE BE EN OED TODAY Testimony of Defense Presented Before Federal Judge Marshall I QUESTION OF OWNERSHIP t Say u They ll thc c l Dill Ui v I iIi l lie on I lut lutIn In nil 11 Ploll tie tiie tIU C amid anu Its HI l otlee 1 indictment for fOI conspiracy l to lo toJ prevent J B 1 J 1 Sharp Hlll from fr m receiving coal coul titter after lui ho ham hall decided cleel ell to allow 50 cents per pel tOil ton consumers con a from getting gellIng less les l titan than they thc were havo watt wall other OHn will myth nut not to than tonight to 10 learn the tile out outcome come of or the ase examination of witnesses went lent The rhe tImId this Federal court forward In tho morning mind and tho outlook nt at noon was IS would bo Item concluded that time Iho case coso Only two Iwo early tilts this remained unheard Both Bolh were Wolo railed the lile defense and teem ono InC hall bud fell while the theother thi make mako hit his other to tel had bad failed to arrive from tho thu cast east was wait United States TIme ho case caso for tom lImo tho at 11 1 J 1 this Lb Is morning to been called bad aft after n I D 1 t Sharp Sharf state further In detail tho the relationship to tobis and amid coal coul company ot of the railroad his bis the business The 1110 defenso then took tool its inning succession Mr lr 11 put lIlt on Oil In rapid Moore Mr tr 11 Bancroft Mr 11 and Edward E l chief Short Simon Line Lino clerk cIeri of the tho Oregon tic lic department While it sought to through these thelo witnesses that Manager of nr the tho coal company operated entire entirely independently of ot the thc railroad com COIl company ly Ir 11 pam pany anti and that tile the two companies had limed not quite harmony between them Mr Sharp sat emit outside of the tho and amId listened among amon the spectators In I a un mm ii attentive v manner Frequently lie h muttered while 11 lIi Moore was WIlS on tile the stand testifying that ho nS not riot in lu any ammy way yay wayby wa wab by b 31 Mi r 1 Buckingham or Mr 11 Bancroft to lo shut off coal coni that he lie was Willi en lirely independent of the railroad As manager Of coal camel interests and cud that he Ito h did not hot even know knoy that time the Union Pacific coal oal company was owned by br bytho bythe tho the UnIon railroad HAD IT 11 IX IN 11 a 11 little later l Mr Mm h Buckingham for fat Hind iI Unit bo he JJ UKI l ib was wm ignorant nt of the ownership of of tho t HJ Union Pacific coal cual cua mine by b tho thie Union railroad Mr I comment n on lute an pf t II r tho the court c urt Mr 11 Lri 13 I n g t as lIs lIsIt s sIt til It It I his hL knowledge was to tl LI the effect that hill laid keen In lii time the newspapers that thu tho of md r which be hc was sins dl owned the tho minus b but bill l that tl lt he hc ii had nisi 1111 wen ceciL In iii papers much that Clint was mere 1110 allegation IV V J 1 Moore was mas wa the tile first called by b the tho defense Ho lie narrated tho lh circumstances of Cit his refusing to ho de do deliver d liver Mr Mu 11 Sharp 1111 moro more coal stating that ho he had Won seen Sharps advertise advertisements ments in III the th paper with a Il ii ralo tO of 50 iiO cents cent less than the time other oilier dealers wore luh He lIe received telephone calls from tIme the Martin MallIn Coal company compan time the Central Coal Coke Cole company tho Western Fuel company and other com coimi companies protesting against this practice c con on DIe time the th part p rt of Sharp Mr Mi Moore concluded it was wrong for Sharp not to act in uI concert with whim tho other othe retailers so ho Ito went ii euit ent to his bis hi and timid asked him to remove his ills advertisements showing a IL cut In lii the rate rale Sharp replied ho him was run rime running ning hug bis bItt hl own business and that so ice long on ns me time the coal cOlli company got ol its money mInd and the thc railroad company compan got get its money at mit them thu ratOs rat demanded it was none imona of their business how 1101 cheaply he hc sold to t the consumer leer Tho witness had lied told him ho lie would defeat the purpose of lm reduction by 1 selling over oer tile Iho counter less Ics than tIe the others and antl had hall him Sharp to lo think it t over oer abd ahl bo ho would talk lalk with him hint moro more at a fut xi tire ro date COL CO 1 SHUT OFF Sharp mile did think it over OCI und amid Macro called again next day when Sharp harp told him he lie would not retail Ills his coal coat at lit the concert conceit price and Moore told him In turn turu that ho could not get any uny anymore anymore more coal coa This was wa before the time higher lied hall figured into the tho caso case lu iii any an way WU Two ilVo telegrams ordering coal comel ship shipments Sharp Shari discontinued ii ments to to submitted in evidence One was to lo lothe at Cumberland und mine manager the lime at al Chic other otlmOr to tho mine manager Hock Springs The matter of Mr tr Sharps appeal to o Mr 11 Bancroft was emis then taken laken up Ul Moore Jooro insisted that by he lm went lo to time the the tho stUnG saino us cut ho be would have hae In ici 0 the thio ot of any any person ho gone knew ow who VOile wanted lo to Cm discuss a It mut mutter ter connected with hit his hl business lie Ho In arrived ut lIt at it tili railroad to a n telephone message me from fromI Air I r Buckingham On Op arriving he hc found Mr Ml 11 assistant tant t due man iliac manager mana ager a ol with Mr oIl N r Buckingham and Mr 11 Moot 1001 C 0 AS S 5 TO rO DIVERTED CAllS CAliS They The asked him to lo tell what tIme the lile hlo was between him nd Sharp Shall and he imo said al ho would not deliver any an coal to Sharp while Sharp Shall continued the time nw advertisements of a below h lol that agreed are ll u oh Sharp eon con continued 1 to advocate his hia right to sell sei s 11 at what whal retail l price be lie so 1 0 long as ns the railroad antI and the mine secured the time price at tt which it listed Its product and finch freight Mr 11 Buckingham then told lolu Sharp he lie was wco standing In iii light by J not soiling selling In concert with the time oth ath 01 r 1 dealers mid and lm iua could do llo tb nothing lot for him fhe witness denied ever oel diverting 11 a 1 single car ca of or cord coal billed to Sharp or 01 that hu lie 11 laid had ha power oWr to tu tako talce tal o such action Selling Helling and shipping coal coul wee we o entirely distinct so 0 much so am tb t tho time Itself bought ht Its ltd coal cOllI from tha tho coal opal company and paid pilla for Cor it lt Itt Tender t n er eros mst Atty tt Booth r half an all hour to secure s i I role Mr III Moore as ad t tu to what whal ho io Considered himself to have hae to will willi the tIld retailing of or coal emil whA h 1 thi lie d in mineana lIlac and alit Ills hits I company WOt He lIe the rime answer that thai li n df tit he ii llo i ort f storage e r II OBJECTION SUSTAINED you goto n 0 n C b you o ob J kne the Ibe 1 Downed d time this coal mines Ihl cs and andi i hat Mr h lied li tl a 1 InquIre I Into y ur lU trouble with Sharp Sharps h rp I s tiNo No r Old iIi Ill not t i not know tim the I I railroad company owned the tho mines or oi ortho 7 the tho coal company Would oulu you u have gone gono anywhere an else elso if phone call had hind cOllie st ln Mt II Sharp Shan hotl imad como commie there thero to settle his difference ci and that store stoie wished Dished lou OU to your OUI Irs IS I r would havo gone gono there lher the fame tanie as Uti to tile the railroad Why did you of Sharp that limit thatto ho to take mice tul e his Ills advertisement out of the tile papers 7 Because U au e other coal companies l claimed ho lie was cutting into their trade e eI i In Iii other words wOl a It Mate of competition thou lion had limed boon created and that hat what you wanted This WitS was objected jed li to mind tho objection was bj ii h Judge go Marshall K 1 i Buckingham 1 format traffic 1 ll fie fic f emis nO culled ami nar narrated rated the tho in Ills his in tim which Sharp was wa mc finally Ii notified I Ild ho he could eon Id got gel no moro coal by Mr III Buckingham lie Hii lI saId ald that ho lie meant by h 1 1 this hint hat the timo th thIt ti It to bo not in Iii the thai operating ing iii 5 department ei pa of 0 1 tIme tho t which was hs lit under tinder his Ills Jurisdiction so that lu ItO clula do 10 nothing lo to adjust It Hi Ill I ii impel had ti lio said Ia no direct con conti tm tJ I over Mr Iii ti i who Ollo was not HOt subject to lilt bis 01 ci IJ rm r Bancroft was called d lo to describe lIld of coal in tim n emergencies Al At Much times ho ime said lIld a tL notice ot ur such confiscation wn emma sent to 10 II Mr clr whom liu liti insisted was lims in no ulo way lay under lw er his hum oi 01 so OjO that the consignee from WitCh whom tile tho shipment had hind been broil could tulti bo ho paid or 01 del delivered other con coal conI I from that In hi transit or om at the mines Ho lie hall bad confiscated coal lot I he ho said for lou nearly all mill big Industrial In plants to lo keep thom thorn from shutting down in of sudden emergency often taking for fOl such suh pur purposes poses coal coul consigned to Cc the tile il It Cell Iel E 13 Wilkins chief clerk of time the Oregon Short Line traffic department slated that his bis office kept a 11 record of ill confiscated coal conI shipments and that no lit coal comil billed to lo Mr Sharp hall had over ever diverted After two witnesses sos cue are It heard from this afternoon the them case ca 1 will ivill be Ill argued and submitted SESSION OX Sharps Testimony c Not Broken Under In spite of a severe west cross examina examination examination tion lull I yesterday afternoon that con coil consumed over Olor an hour In tim the Federal court D P 1 Sharps story of iii how ho bo lie hoHS HS forced out of f tile the coal oal business because o ho lie Insisted on m giving Ills hits patron thu benefit of tho reduction in lum storage coal Cell made In 1106 l G by lJ tho thu Union Pacific railroad and tho timo Union Pacific Coal Comil company remained ll at atthe Um the th end of oC tile the afternoon session Pi I Through lii j Ito tho lino ino I I of cross question questionIng lii log Ing ll It was Walt apparent that the tho railroad attorney It t I 0 lii flY and l lid Chic tha COil I 1 company fl attorney ii lIly ney lIe were to establish c the time fact facet that there wan wu no actual con conspiracy to lo shut off iff Cf tho ho Sharp Sll ply but hut IhM he lie was slopped from fon coal by timo tho solo sole action ut of Manager Moo ot of time the Union Coal company As iu mc motivo for tilts shutting him hIm oft off tile tho claim Is being to mellow allow tIm SO 50 cent thOm to gp go to bad mado universally a 01 complaint I against lam for selling 50 lower than they wore Sharps story as am ho lie told fit q it In tic tIle the jury J ii my was t nil remly I 6 1 10 C he I Ic t til tim office of Mm to find out I he exact of the circular ill announcing jig a it reduction remi In iii Inthe the price of at coal Assured that ho lIe could do so Ito ho lie I ut an advertisement In III the announcing a price oC Of for storage coal Soon after that lie was ordered to discontinue lImO tho practise iso by ity lr Moore under penally of not receiving any ally mote more coal I took the matter up tip with Mr Mi Bancroft and nile Mr ith Buckingham con continued tile thu witness und during our conference Mr Moore called In iii InI iiiI I I was then assured that unless I die dis discontinued continued selling coal at mit tho reduced price no iio moro shipments of would be made to me lime This was on Oil July IS 18 On July 22 T 1 received my mimi car load which had hillel shipped itO Hit of Hock Springs on eu July IS 18 tho timo day clay ot at the tue conference with Mr N r Ban Bancroft croft lr Buckingham and amid Mr The witness stated that bo lie paid for ills his direct to tho Union Pacific company and not to tho timo coal company Harry barm G for formerly merly a clerk cleric fut for time tho D 1 j I Sharp Coal company con i stated slated t hum t ho It o had hull 1 culled on fo to son HOD If he Ito might continue business under time the name of cit citI the lie I Sharp Coal mal Co Ho tIc was assured med bo ho gal wild ml that thu I he I iii could UI fi not mid an fi that hint no coal would ba be delivered so long longas as ice Sharp Ima iii had any connection with thu company or his name nunie waa taa used In Ili its connection chief dud clerk of th j freight department testified as lo to traffic rates in vogue and amid as asto to tul coal traffics traffic A J Gunnell manager of thom the Cen Central Coke and Coal company outlined ml i conversation with Mr Moore In re regard regard gard to D T 1 Sharp in which Mr Moore had bad stated that he had refused to fill Sharp any moro coal bo ilu not selling at tile standard price 1 R Ii Craig freight agent or mit time tho 0 S ti Jj I railroad that no coal hail had been received to IX i r Sharp utter lifter Tilly 21 At a t thin thai I point t the court a adjourned until illICIt this morning |
