The Montgomery advertiser., 1905-10-24
PLEA. OF THE PACKERS
ATTORNEYS FOR BEEF TRUST FILE
 NOTIONS.
0ne Comes as . Surprise te the Prose- cution, Bat the Other Had Been Looked for by
 Government.

Chicago. Oct. 23.--Declaring that the testimony packers were compelled to produce before the Secretary of Com merce and Labor was used by United States District Attorney Morrison in obtaining an indictment against the packers and alleging that inasmuch as the same issues ss mentioned in the indictment were raised and disposed of by an injunction writ issued by Fed eral Judge Grosscup. the packers who are under Federal indictment here charged with illegal conspiracy att tackled today again the famous so-cail-
 cd beef trust" proceas.
 A special plea in bar and an addi-
 tional special plea in bar were filed by counsel for the packers. The na- tnre of the special plea in bar was surprise to the government oficials
 although they were. aware of what
 would bs pleaded In the additional plea. the issuance of an injunction by Judge GrosscupS
 The special plea sets up assertions concerning investigations by the Com missioner of Corporations and alleges that the defendants were compelled to testify and to produce certain books and other data and that thereafter the matter was submitted to the President of the United States and finally to the United States District Attorney here and that the District Attorney used
 the matter in securing indictments against the defendants. Because of these alleged facts. the defendants ask that the indictments be dismissed.
 Regarding the Grosscup injunction, the plea filed today maintains that by the prosecution of the injunction and the entry of a final decree of the Su- preme Court. the said United States of America did finally and fully elect to pursue that remedy and not prose- cute the defendants, respectively, for or on account of the said supposed en- which is in said indictment mentioned. or any or either of them." and that ''of this, they. respectively, put themselves upon the country.
 The special plea in bar declares tbat
 the 5Sth Congress of the United States passed resolution directing the Sec
 retary of Commerce and Labor to in- vestigate the causes of low prices in
 beef cattle and the alleged unusually
 large margin between cattle and the
 cost of dressed meat to the consumer.
 The Secretary directed the commis- sioner of Corporations to make a diit.
 gent investigation. which 1t is alleged
 in the plea he did. this investigation
 being pushed in Chicago. South Omaha,
 Kansas City, Mo. Kansas City, Kas..
 Sioux City. Fort Worth. St. Joseph.
 Mo, Los Angeles, East St. Louis, Ills,
 and other cities, It is alleged that on March 20. 1905,
 the report of the Commissioner was furnished United States District At
 torney Bethea. in Chicago. and it is
 alleged the facts was used by the dis
 trict attorney and grand jury conduct ing the investigation, resulting in the returnin of the indictment by the spe-
 ciai grand jury and was also used in
 preparing and searching other evidence
 used against the defendant. The spe-
 ciaI plea concludes with the following
 statement: +i And this defendant ayers and sub-
 mits that under. and by the laws of the United States in this behalf, be- cause of the premises aforesaid, this defendant cannot be prosecuted or sub jected to any penalty or forfeiture for or on account of the respective trans actions. matters or things. or any or either of them, which said indictment or any count thereof in behalf of that mentioned and charged against this de- fendant in manner and form as the same are in said indictment and in the respective counts thereof charged against the defendant.S
 wherefore, hes prays judgment and | that by the court here, he may be dls- missed and discharged from said prem | ises in said indictment and each count thereof specified"
 Samuel A. McRoberts. agent of Ar I mour & Co. filed a separate special plea in which he seeks immunity because he testified before the grand jury which afterwards returned an indict- ment against him. Under federal law 1t is alleged no person shall be prosecuted in the case in which he testified if he is compelled to testify against himself. This plea is held to be good by many and although 1t
 will be vigorously attacked by the gov ernment. 1t is declared there Is a like lihood of the auashing of the indict- ment in the case of McRoberts. The other pleas are not held to be of great importance by the government. Dis- |, trict Attorney Morrison has not yet decided what action to take in regard to them.