Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-07-22
MOODY 7ELLS Of
The BEEF INQUIRY
Attorney General In a Public
Speech Answers Complaints
Regarding the Case &c ;s.
GIVE PACKERS A SQUARE DEAL
No Steps Word Taken by the Govern.
mont Until 1t Was Convinced That
tho Course Was Justified and Legal
Hope. to See Justice Done at the
Final Trial.

Hopes to See Justice Done at tho
Final Trial.
Nohant, Mass, July 22.--Attorney
General Moody, In an address before
the Lincoln Club OF Boston. at it's mid
summer outing here today, gave a re-
sumo of the governments proceedings
against the combination of beef pack
ers. He said in part
There has been an occasional COM
plant that upon subjects in which the
public naturally takes q keen interest,
/ have. as attorney general. withheld
facts which the people have right to
know. Much of the work Of the de-
partment Of Justice can only be done
efficiently when 1t is done quietly and
in secret. 1t Is not easy to draw O
line between the facts which ought to
be conflded to the public. and those
which, for the time being, in the In
leTeSl OL puDlc JuStiCG, OukHt " UC
withheld from 1t. can only say have
tried to draw the line solely In the pub
lie interest and that recognize fully
the right Of the people intimately and
In due season to know and Judge OF
the conduct Of their servants. There
has been 80 much not unnatural mis-
understanding as to the attitude of the
administration toward the proceedings
at Chicago, which have resulted in In
dictments against the beef packers,
that. with the approval Of the presi-
dent, / have concluded that brief re-
view Of all the proceedings which have
led up to the present situation may not
improperly be undertaken. This can be
done without impairing the just rights
of those who are under accusation.
who must, by fundamental principles,
be presumed to be innocent of all mis-
doing, unless, after hearing. they have
been adjudged grilty.1
Moody then briefly sketched the his-
tory Of the proceedings from May, 1902.
when Attorney General Knox fled
charges against the packers, up to
January 1906, when the supreme court
unanimously upheld the injunction is
sued by the lower court against the
defendants, forbidding continuance
of the conspiracy as alleged by the
government. He also related how the
department Of Justice had made dill
gent inquiry to ascertain whether the
defendants has been observing the in
Junction, which inquiry had no import
ant results. Continuing he said:
"As soon as the decision Of the SUI
5preme court was rendered District At
.torney Bethea was ordered to report
at Washington for consideration Of the
complaints which were before the de-
partment, in the debates In congress,
in the newspapers Of the country, and
ceived by the president and attorney
general that the injunction had not
been observed by the defendants. The
most abundant assurances, however.
had been received from counsel for de-
fendants that they had strictly observ-
ed the injunction and the complaints
themselves contained little that was
worthy Of the name of legal evidence.
Returning to Chicago, the district at
torney. five days after the rendition Of
the decision, reported there was not
sufficient competent evidence to sus-
tain either an indictment or proceed
ing for contempt, but that sufficient
facts had been developed to warrant
summoning the grand Jury for an in
vestigation Of the whole case, and ask
ed authority to summon the jury. After
Ia thorough consideration Of the whole
situation the Recommendation of the
district attorney was approved by the
attorney general and the question sub
mitted to the president. He authorize
ed and directed the most searching in
quiry into the conduct of the pack
ers.
Mr.. Moody then touched on the as
sembling and investigation of the
grand jury at Chicago and said that
the district attorney was given instruc-
tions substantially as follows: THAT
the evidence raised issues fit for con-
sideration of the grand jury; that that
body could not be advised as matter
of law that there was no legal evidence
before it; that the weight and suffi-
cheney Of the evidence was solely for
consideration of the grand jury; that
in giving to that body the advice which
1T required and which the district at
torney had a right to give, he should
refrain from expressing any opinion
upon the facts or seek to influence
the judgment of the jurors one way
or the other; that he should advise
them to disregard all public clamor.
rumor or preconceived opinion and to
base their action or failure to act sole
ly upon the evidence before them. in
Guiding not only the evidence which
might have an opposite tendency; that
he should advise the grand jury to
indict only where the evidence before
it proved in it's opinion, beyond
reasonable doubt, some offense against
the law; and that body ought to be
convinced before indicting any corpor-
alton or individual of it's or his guilt
with such certainty as would lead it
in case they were on trial before It
on the some evidence, to verdict of
conviction. The district attorney fur
ther instructed that if any indictments
We're voted by the grand jury he, with
the assistance of Mr.. Pagin, special
employe Of the department, with the
utmost care and diligence, should draw