The Minneapolis journal., 1905-09-05
BEEF TRUST CASE
IS DELAYED AGAIN
Moody and His Assistants In Chi.
cago to Prosecute, but Pack
ers Get Delay.

CnlcdgO,s Sept. 5.-GOVernment prose-
'cutIon OF Chicago packers for alleged
violation of the antitrust laws was
scheduled Sc to begin today. but instead
ney Miller, representing the packers,
the. hearing was postponed till Sept. 18.
United States District Judge j. Otis
Humphrey presided Attorney General
Moody, with District Attorney Morri-
son, Assistant Attorney General Pagin
and Assistant District Attorney Ell
while Attorney Miller and his associate
counsel seated themselves at another.
Attorney Morrison announced that
the packers had been notified to plead
and that their counsel was present.
Attorney Miller then arose and said:
Packers Seek Delay. r
The district attorney has given me
notice as we'll as the defendants to plead
eh retoday. The notice came Friday
Saturday was practically a holiday and
Monday being Labor day. we could do
nothing. It Is still vacation, and any
way the notice was a surprise to the de-
PENDANTS. I do not, In a way, represent
'all of the defendants and the matter of
selecting counsel is still under consider
alton. Many Of the defendants are away
as well as some of the attorneys, and we
uO" dSh tIldI Lie. SONeTIlHleuL OOeS uOI
press the matter Of the motion to plead
until Monday. Sept. 1S. At that time,
everyone will have returned and the
courts will be open. hope that counsel
will agree to the postponement and we will
ask nothing further.
Possible Action by Packers.
I presume the defendants will take some
action which will precede the matter of
pleading. They might move to quash the
indictments, enter a plea In abatement or
proceed by demurrer to the indictments.
We have not yet definitely settled what
action to take and in view of this un-
settled condition We ask that the mat
ter be. continued until Sept. 1S.
"The request Of counsel is not unsat.
isfactory or unreasonable, said Dis,
triet Attorney r ssy+ssaa MORRISON the gov
tLet it be so ordered" replied
Judge Humphreys "The matter of
lpes ding is continued until Sept. 1s. y
What Moody Expects.
The attorney general was reticent In
speaking of the matter, but declared
packers to any Inconvenience. He
said:
do not know. Of course, what the pack
ers intend to do between now and Sept.
1s, but suppose they will seek to en-
Join the prosecution. never heard OF
such a procedure before, but do not
know why such an action could not be
taken. OF course, cannot say wha
Judge they would select In making theil
advances, becauce know nothing of theil
plans. The government will push thu
cases as rapidly as possible and still con
sistently and without prejudice.
It is probable that the attorney gen
| eral may send other assistants to thu
| district attorney when the case comes
to trial. Attorney General Moody ha
learned that each of the twenty on.
packers and probably the FIVE corpora
tions who were indicted, will be repre-
| sented by individual counsel, and be
cause of the multiplicity of attorneys
1 the government Is position may be at
tacke don many technicalities.
i It was stated authoritatively this af
4 ternoon that within ten days Attorfe.
Il Miller and his associates will apply t
i the federal circuit or appellate court
4 for an injunction restraining the gov
4 ernment from prosecuting the defend
ants for conspiracy.