Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1905-07-04
MAY RENDER USELESS INDlcT-
MENTs RETURNED BY CHI.
+ l.. CAGO JURY.
WILL ASK INJUNCTION
Claim Made by the Packers That
They Should Not Be Prosecuted In
Two Courts for the Same offense-
Indicted Men VIII Give Bonds on
Wednesday.

Chicago, July 3.-An effort to enjoin
the government from prosecution OF
the packers criminally under the in
dictments returned by the federal
grand jury before Judge Bethea in the
United States district court on Satur.
day will probably be made within a
few days when Attorney John s. Mil !,
Ter, general counsel for the packers,
will go before Judge Peter s. Cross
cup, at his residence at Highland park,
and make application for an injunc-
tion
This will be the first legal blow in
defense Of the packers and the pack
ing-house corporations named In the
indictments.
The contention Of the packers as
outlined by Attorney Miller is that
the government having invoked the
jurisdiction of the circuit court in an
equity proceeding for an injunction.
should not, In the same matter, pre-
ceed criminally against the same par
ties.
Miller Admits Action Is Contemplated.
Such an action is in contemplation,
but l am not positive as yet when we
will file the application" said Attor-
ney Miller last night.
AiISl OuLllllllS tuS pldu VI IAo dpplr
cation Attorney Miller said:
"Estoppel Of prosecution under the
indictments returned Saturday could
be had, we believe, on the ground that
the government having sought relief
in court of equity through the medi-
UNI of the injunction granted by Judge
Grosscup, should not in the same mat
ter, while the injunction Ia in force,
proceed criminally against the same
/ parties.
ITO be more explicit, the represents
! tives of the government should not
i pursue the beef men in two different
ways for the same offense. II they
are guilty of violating the injunction
they ought not at the same time be
punished criminally."
| The defendants named In the indict-
ments returned Saturday are as fol-
| lows:
]. Ogden Armour, Charles W. Ar
mour, Edward Morris, Ira N. Morris.
Louis F. Swift, Edward F. Swift, L.
A. Carton, D. E. Hartwell Edward
Cudahy, Arthur F. Evans, Robert @.
McManus, Armour Packing Co., Swift
& Co., A. H. Veder, Patrick Valentine,
T. J. Connors, Arthur Meeker, Charles
NJ Swift, Samuel A. McRoberts, Sam
uel We'll, v. D. Skipworth, Beth 8.
Cusey, Chess E. Todd, Armour & Co.,
Cudahy Packing Co., Fairbank Cam
ming Co.
According to plans arranged yester-
day by Attorney Miller and the at
torneys for the various packing COM
: panies and individuals named in the
indictments, all will appear before
Judge Bethea on Wednesday morning
between 10 and II o'clock and give
bonds for their appearance in court
when the cases come to trial. The
bondsman in each case will be the
American Surety company
!, Outsiders Will Also Give Bonds.
Those indicted persons who are lo-
Gated in other cities will give bonds
on the same day before the federal
authorities in the cities in which they
: reside. Those who are travelling In
Europe, among them Albert H. Weed
er, general counsel for Swift & Co.,
! and Edward Morris Of the Fairbank
: Canning company, will give bonds
] promptly upon their return to the jur-
;, isdiction of the United States courts.
J. Ogden Armour and Louis F. Swift
9 are at their summer homes at Lake
Forest. They decline to discuss the
proposed action of their general coun-
sci in applying for a writ of injunc-
ton enjoining the government from
proceeding with the criminal prosecu.
, ton contemplated in the indictments.