The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-04
PACKERS READY FOR FIGHT.
HAVE SEVERAL WAYS TO ATTACK
THE INDICTMENTS.
Application OF a WritSof Injunction Re-
strainins the Government From Prose-
cutting Likely to Come First-Meat Men
May Ask for lIabeas Corpus wits.

CHICAGO, July 3-The indicted packers
are rapidly getting their defense into con-
crete form Their general counsel, John
s. Miller. will be surrounded by an array
of legs, talent such as has perhaps never
before peen assembled in any case in the
courts of the United States. The most
resourceful practitioner at law Will defend
the packers against the indictments voted
last Saturday by the Federal Grand Jury.
Every inch of ground will be fought over,
and the plans under consideration con-
template a half dozen or more different
methods of procedure to set up the con-
tention of the packers that the Govern
ment's position in the matter is untenable.
It was expected that the packers, through
Attorney Miller. would apply to-day before
Judge Grosscup for writ OF injunction
restraining the Government from prose-
outing them under the indictments, but
because of the fact that District Attorney
Morrison was indisposed the matter was
postponed until time to be decided upon
later between counsel for the packers and
the Government attorneys.
Meanwhile another plan, 1t is said. mas
been evolved by the associate counsel FOR
the packers This plan is to have the
packers surrender to the Federal authorities
at noon on Wednesday, and. instead OF CIV
ing bonds to ask for writ OF habeas corpus
either before Judge Grossoup or IN WASH
inpton. before the United States Supreme
Court, on the ground that the defendants
are in custody and are illegally detained and
deprived Of their liberty
This action, If taken. would precede
the application for writ OF lnJnnction'
which wound be deferred pending the out
come of the first action. The contention
would be practically identical with that
which the packers counsel would probably
get up in their argument for writ OF IN
Junction. g.,
held accountable twice for the same Of
Tense. While none Of the counsel for the
packers will discuss the proposition. u is
said that the plan has been submitted TO
ali the principal heads of the packing con-
Germs named in the indictment and mas
met their favor.
II the writ is denied then the intention
is to proceed by applying for an Injunction
and making a dir attack on the indict-
ment.
the attorneys is a motion to quash the IN
diotments on the contention that the Fed
eral Grand Jury was illegally empaneed.
A dissolution Of the Grosscup injunction
may also be asked for MIR. Miller declares
he has been informed that the Grand jury
inquiry was projected by the Government
ATTORNEYS as means OF obtaining evidenc
upon which to prosecute the packers for
violation of the injunction.
This he declares IL an irregular proceed
ing and entities the packers to redress.
District Attorney Morrison takes the
position that the Grand Jury investigated
the violations Of the Sherman law with
out reference to the injunction.
Assistant ACKNOWLEDGEMENT Pagin axes
the same view. He declares the Govern
ment will be prepared for any move the
packers counsel may make.