Audubon Republican. [volume] (Audubon, Iowa) 1894-1925, 1905-11-23
ATTORNEY MOODY
DENIES ALL PLEAS
Says Commissioner Garfield
Acted under the Law in
This Instance.
ALL EVIDENCE WAS WELL USED
No Advantage was Taken OF the
Chicago Packers-Immunity from
Prosecution was Promised and
Kept.

Washington, ID. c., Nov. 17.--Attor-
ney General Moody yesterday made
statement with reference to the
pleas in bar filed by the defendants
In the indictment against the beef
packers, pending in the district court
at Chicago.
He said he believed the public was
entitled to some accurate information
with regards to the facts, and that 1t
could be given without affecting the
interests of the government or in
fringing upon the just rights of the
accused.
The statement continues as follows:
"Ten separate pleas in bar have
been filed, each one of them alleging
facts which IL is claimed ought to
De the government from proceeding
further in this case.
Eight of these pleas are based up
on the alleged conduct of Mr. Garfield,
commissioner of corporations, in max
ing an investigation of the affairs Of
the defendants in pursuance OF the
authority conferred upon him by law,
and in special obedience to the reso-
luton of the house of representatives
requiring him to make such nvesti-
CATION.
'"The government denies in point
of fact that Mr. Garfield did compel
the several defendants to attend and
testify and produce documents before
him, or that he did subpoena any Of
tho 1nfon1Dntc n hnfDrn him
and testify or produce documentary
evidence, or that he waived the oath
which he was authorized to require
of them or that he promised them
any immunity whatever in the prem
Uses, or that any evidence obtained
from the defendants was delivered to
or used by the department of justice
or the district attorney before the
grand jury which found the indict-
ment.
"The attorney general asserts in the
most positive terms that none of the
| information obtained by Mr. Garfield
was used before the grand jury, and
| further says that he is informed by
| Mr.. Garfield and believes that at GER
| tain stages of the investigation the
defendants declined to give informa-
ton unless they were put in posi-
ton to obtain the immunity provided
| by the act of congress and required
| by the constitution of the United
| States, and that when such instances
| occurred, acting after conference with
! the attorney general, Mr.. Garfield re-
| Trained from pursuing the inquiry
/ further and made no other attempt
| to l-htain information, documentary
or otherwise, along these lines.
after full conference with Mr.. Gar
| field, the answer of the government
has been prepared by Mr.. Pagin, I'M
| der the supervision of the attorney
general and with the assistance of
the district attorney, and will be TAX
en- to Chicago and filed in the court
there early next week,
"The seventh plea in bar urges that
the government unlawfully seized
certain papers of the defendants and
submitted them to the grand jury,
contrary to the rights conferred upon
i, them by the constitution. The gov
| eminent denies that it obtained any
papers otherwise than by the, orderly
4
person who had the custody of them.
'The eighth plea sets up as defense
the fact that the government, hereto
fore proceeded against the defendants
by petition under the Sherman act,
under which petition an injunction
against the continuance of the com
bination was issued about three years
ago and was affirmed last winter by
the unanimous opinion of the supreme
court, the attorney general himself
having personally argued the case
for the government in that court;
and claims that Ey taking this action
the government elected to pursue the
civil remedies and is disbarred from
resorting to a prosecution under the
criminal prosecution under the Grim
inal provision of the antitrust law.
'The government admits the facts
but contends that they constitute nu
bar to a criminal prosecution"