The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1905-09-29
Packers Will Demur.

. It was announced that demurrer is
to be filed by the packers, attacking the
face of the entire Indictment, as far as
defects and insufficient allegations are
concerned.
The defendants were ordered by the
court to plead next Thursday morning,
the pleadings to be taken up in argu-
ment before Judge Humphrey by the
bill of exceptions is to be prepared by
the defendants to the ruling made by
Judge Humphrey today. Exceptions
were taken by all of the defendants to
the court s ruling on every count in the
plea. This was for the purpose Of ap-
peal after the trial.
Trust Scheme Fails.
One of the points in the pleading
which attracted considerable attention
and which the court declared had given
him some difficulty was in regard to the
right of Judge S. H. Bethea to receive
the return Of the indictment.
It was argued by the defense that he
was sitting in the eastern division Of the
northern district of Illinois and re-
ceived an Indictment voted in the north
ern division of the northern district Of
Illinois: The district attorney declared
that if the law of March 8, 1905, which
. created the position now held by the
judge and also rearranged the districts,
was construed against his contentious,
there was no court and there was no
judge and there was no return of the
Indictment.
Surprised by Court.
The court surprised almost every one
in court when he read from President
| Roosevelt s message in the Congress
sional Record Of last November in
which it is declared that Judge Bethea
was appointed as a successor to Judge
| G. @. Kohlsaat, promoted from the dis
| trict court to the circuit court. This
promotion gave Judge Bethea the right
to accept the return Of an Indictment
voted in. the. old district.
alleged secrecy maintained about tn
drawing of the grand jury. It was al
legged that the names Of the juryme7
after they had been drawn, were with
held from the defendants. This pie
was supplemented by the declaratio
that it is the constitutional right O
every man to know beforehand who
to try a case in which he is interested
Pleas of the Packers.
Another plea was that an unauthol
lzeQ person, ASlSCdnC DlSCrlcG AICOiHe
, Goldman had been in the grand jur
and took stenographic notes, later thes
notes were transcribed and returned
the jury for it's consideration. In thj
, plea the defending attorneys failed t
make proper sense, the failure being du
to the elimination of the word "for.
The phrase in question which the d.
PENDANTS wished to amend follows:
HAfter said recess the said gran
number of witnesses, to wit, invent.
} and that during further deliberations {
3 the said grand jury said grand sent
said district attorney the alleged tran
l cript Of the testimony of some of tt
witnesses whom they had heard ar
thereupon the said district attorney sci
to said grand jury in response to sal
request what purported to be ira,
t scripts of tn enotes of the said s
called stenographers.'
The part Of the plea the defendant
wished to amend, with the word ''for
is where it reads: "Said grand jul
:, sent to said district attorney the 6
!: eyed transcript" The defendan
J., wish to have the word "for' inserte
r after the word attorney.