The Providence news. (Providence [R.I.]) 1891-1906, 1905-09-06
BEEF MEN
MUST PLEAD
SEPT. 10

Chicago. Sept. 6.-Government prosecu-
ton OF the Chicago packers for alleged
violation OF the antitrust laws. was
scheduled to begin yesterday, but instead
there was a delay. On motion OF j. s.
Miller. representing the packers. the hear
ing OF the cases was postponed until
Sept. IS.
The court room in the new Federal
building was filled with lawyers and
spectators. United States District Judge
]. Otis Humphrey presided. Attorney
General Moody. with District Attorney
Morrison, Assistant Attorney General
Pagin and Assistant District Attorney Ell
wood German. occupied one table, while
Attorney Miller and his associate counsel
were at another.
Mr.. Morrison announced to the court
that the packers had been notified to
plead and that their counseI was present
for that purpose. Mr.. Miller then arose
and said: 1.-The district attorney has given
me notice as well as the defendants TO
plead here today. The notice came on
Friday. Saturday was practically a holi-
day. and Monday being labor day we
could do nothing. He ADDED that many
OF the defendants were away, and he
asked a postponement until Monday. Sept
IS. In outlining the possible course OF
the defendants he said:
They might move 10 quash the indict-
ments. enter a plea In abatement or pro-
coed by demurrer 10 the indictments. We
have not yet definitely settled what ac-
ton to take, and in view OF this unsettled
condition we ask that the matter De con-
tinued until the 18th Instant
District Attorney Morrison acquiesced
and Judge Humphrey continued the plead
ing until Sept. is.
The attorney general said: II do not
know, OF course. what the packers Intend
TO do between now and Sept. is, but / sup
pose they will seek TO enjoin the prose-
cution. l never heard Of such a pro-
cedure before, but l do not know why
such an action could not be taken. The
government will push the cases as rapid
ly as possible and still consistently and
without prejudice"
Attorney General Moody has learned
tina each OF the q packers and prob
ably the five corporations who were In
dicted will be represented by individual
counsel. and because OF the multiplicity
OF counsel the government positions may
be attacked on many technicalities.
Mr.. Moody will probably leave this az
ternoon for Washington.
II was stated a~uthoritatvely that within
10 DAYS Attorney Miller and his associates
would apply 70 the federal circuit appel
late court for an injunction restraining
the government from prosecuting the de-
PENDANTS for conspiracy.
Twenty-one separate trials may be de-
manded before federal judges by the Chi
cago packers indicted on charges OF con-
spiracy I'm restraint OF trade within the
next two weeks. After the matter OF
pleading had been continued until Sept.
IS by Judge Otis Humphrey. many OF the
attorneys interested in the case held a
consultation, and at least one agreement
was reached whereby a separate trial will
be demanded from the government. This
move was anticipated by the government.
and every effort will be made by the
federal attorneys TO offset the requests OF
the defendants.
Assistant Attorney General Oliver Pagin
declared that IL was not probable that
separate hearings would be granted by
the federal courts under the one indict-
ment charging conspiracy.
Counsel for the Cudahy Packing com
pany held a conference today and decided
TO request for the Cudahy Packing com
pany a separate trial.