Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-09-05
BEEF TRUST DELAYS
Attorneys Secure Postponsmsne Of
Hearing Until Tho Eighteenth and
Hope TO Get Permanent injunction
Against Government.

Chicago, Sept 5.--On the motion Of
attorneys for the Chicago packers
the government prosecution Of packers
for alleged violation of the antitrust
laws scheduled to begin today, was
postponed until the 18th inst.
It was stated authoritntively this at
ternoon that within ten days the at
tori,eys win apply to the federal court
for an injunction restraining the gov
ernment from prosecution Of the de-
sendants for conspiracy.
| Though attorneys for the packers
yesterday maintained the utmost se-
crecy as to their plans on the eve Of
the arraignment Of their clients this
morning on the charge OF violating the
anti-trust and interstate commerce
laws. 1t became known that a petition
for an injunction to restrain the gov
crnment from prosecuting the indict-
ed men was under contemplation, and
that the government had prepared for
Il.
The contention by the packers, II the
injunction is asked for, will be that
Judge Grosscup's injunction against
them, issued three years ago, Is still in
force and that the government can
only prosecute them for the violation
OF that injunction, which would be
In the f,Y oiSy n nd
inal proceeding.
II the injunction Is applied for Judge
Grosscup naturally would be the Judge
TO hear the petition.
The attorneys for the packers will
hold final meeting this morning, Just
before the case Is called before United
States Judge Humphrey, and decide on
their plan Of action. Another course
open to them is plea In bar, which
II granted, would be restriction upon
the judge trying the case until Judge
Grosscup had passed upon the question
as to whether the injunction had been
violated.
Packers Will Seek Delay.
The meeting this morning was held
in the office OF Special Counsel John
s. Miller, and was attended by Brode
Davis representing the Cudahy broth
ers, Albert Fl. and Henry Veeder oC
Swift & CO.. A. r. Urion for Armour
& Co., and M. w. Borders, for Nelson,
Morris & Co. The attorneys have had
several conferences In the last few
days, in some OF which their clients
have participated.
1t was agreed that there should be
dilatory motions Of some description,
and 1t is considered likely by the fed
fore Judge Humphrey will be brief.
Either motion to quash all or part OF
the indictments was determined upon.
but 1t Is certain that the packers will
ask for further time In which to plead.
Attorney General Moody and his as
sistant, Mr.. Pagin, and District Attor-
ney Morrison, were In conference all
day. Since his arrival In Chicago Mr..
Moody has devoted not less than ten
hours day to the case, and this, in
addition to the five weeks that he spent
with District Attorney Morrison in
Washington, makes him prepared for
every possible move that the packers
may make thru their attorneys.
Trial Judge Not Agreed On.
The packers are opposed to Judge
Humphrey, whom the government
would prefer to have try the case,
chiefly on account of his severe charge
to the jury that indicted them, but they
have not made any formal objection to
him, and 1t Is doubtful II they do. II
they object 1T Is believed 1t will be for
the reason that any formal objection
previous to the trial before him will
give them basis upon which to take
an appeal to the supreme court in the
event of their conviction.
Attorney General Moody said there
had been no decision as to who would
act as Judge.
It is not regarded as likely that any
OF the packers will personally appear
in court this morning. All of the de-
PENDANTS. with the exception OF p. A.
Valentine and TT. Connors. who are
in Europe, are in Chicago or the i'm
rediate neighborhood.
II the case comes to trial 1t Is the
intention OF the packers to engage the
best of criminal lawyers to undertake
their defense in addition to their regu-
lar counsel Attorneys w. S. Forrest
and Moritz Rosenthal have been men,
toned In this connection.