The Montgomery advertiser., 1905-09-06
TO TRY A TRICK , Will F5oin Government, s'If Possible. THE PROCEEDING NOVEL Are Indicted on Charges of
 Conspiracy. scheduIed Hearing Postponed on Mo ton of Defendsnt's Attorney
 When Cases Were Called in
 Chicago Court.

arste trials may be demanded before Federal judges by the packers indicted on charges of conspiracy in restraint
 of trade within the next two weeks
 After the matter of pleading had been continued until September IS by Judge
 Humphrey today, many of the attor- neys interested in the case held q con- sultation and at least one agreement
 was reached whereby a separate trial
 will be demanded from the govern
 ment. 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, in speaking of the proposed de- mands for separate trials, declared to- night that it Is not probable that sep arate hearings will be granted by the Federal Courts under the one indict- ment charging conspiracy.
 All these defendants are included in the one indictment charging conspir- acy in restraint of trade. said Attor- ney Pagin. Conspiracy of course will be the essence of the case and inas-
 much as 1t takes all of these defend- ants together to form the alleged con- spiracy there is no reason why they should not be tried together and tho government will use every effort to have all the defendants tried at the same time"
 Government prosecution of Chicago packers for alleged violation of the antitrust laws was scheduled to begin today. but instead there was delay. On motion of Attorney J. S. Miller, representing the packers. the hearing
 of the eases was postponed till Sep tember IS.
 The court room in the new Federal l building was filled with lawyers and
 spectators. United States District Judge J. Otis Humphrey presided. At | torney General Moody, with District Att l torney Morrison, Assistant Attorney | General Pagin and Assistant District | Attorney EIwood Goldman occupied one | table, while Attorney Miller and his as- | soclate counseI seated themselves at | another. Attorney Morrison announced to the court that the paekers bDa been | notffed to plead and that their counsel
 was present for that purpose. Attorney
 Miller then arose and said:
 ''The district attorney has given me | notice, as veil as the defendants, to
 plead here today. The notice came on | Friday Saturday was practically a
 holiday, and Monday being Labor Day
 we could do nothing. It is still vaca- l ton season, and, anyway, the notice was a surprise to the defendants. I 1 do not in a way represent all of the
 defendants, and the matter of selecting
 counsel is under consideration.
 Delay Requested.
 Many defendants are away, as well ! as some of the attorneys, and we now | ask that the Government does not press | the matter of the motion to plea until
 Monday. September IS. The defendants
 might move to quash the indictments, enter plea in abatement or proceed by 1 demurrer to the indictments. We have | not vet definitely settled wsat action | to take. and, in view of this unsettled | condition, we ask that the matter be I continued until the 18th"
 The request of counsel IS not i un- satisfactory or unreasonable" said Dis- 1 trict Attorney Morrison, "and the Gov
 ernment is satisfied.
 Let 1t be so ordered" replied Judge | Humphrey The matter of pleading Is continued until September 1S."
 The Attorney-General was reticent In f speakinE of the matter, but declared
 that he is not desirous of putting tn" | packers to any inconvenience.
 ''I do not know, of course, what the
 hackers intend to do between now and
 September 1S," said he, but suppose | they will seek to enjoin the prosecu-
 tion. never heard of such proceed
 ure before but do not know why | such an action could not be taken. of course cannot say what judge | they will select in making their ad- | vanees. because l know nothing of
 their plans. The government will push
 the cases as rapidly as possible and still consistently and without preju-
 dice" i t2flN
 After the case had been continued. Attorney General Moody, District Att | torney Morrison and Assistant District ! Attorney General Oliver E. Pagtn held
 conference in the district attorneys once. The attorney general again took
 up a discussion of the procedure in | the case in behalf of the apparent att
 titude of the packers. It is probable that he may send other assistants to
 assistant attorney when the case comes to trial. Attorney General Moody has learned that each of the | twenty one present packers and prob ably the five corporations who were
 indicted will be represented by indi-
 viduaI counsel and because of the null tiplicity of attorneys the governments s | position may be attacked on many 1 technalities. Mir. Moody will probably leave tomorrow for Washington. l It was stated authoritatively this afternoon that within ten days Attor- ney Miller and his associates will ap- | ply to the federal circuit or appellate | court for an injunction restraining the
 government from prosecuting the de- | fendant for conspiracy.
 Counsel for the Cudahy Packing
 Company held a conference this after
 noon and decided to request for the
 Cudahy Packing Company a separate
 trial