New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-09-22
BEEF MEN FINED $4,000
OF CONSPIRACY.
Life of Samuel Veil Endangered
by Strain, 1t Is Said.

w y u 4IC, III Is OUL(Es
Chicago Sept. 21.-Four officials of the
I schwarzschiId & Sulzberger Packing Company,
Of Chicago, were fined an aggregate of $4,000
/ by Judge Humphrey in the United States Dis
trict Court here to-day. The fines followed a
plea, of guilty to indictments charging con-
spiracy to accept railroad rebates. The defend
ants were Samuel Well. of New-York. vice-pres-
| ioent of the company; B. S. Cusey, traffic man.
ager; Vance D. skipworth and Chess E. Todd.
| assistant traffic manager. Mr.. Well was fined
$4,000 the other three $1,000 each.
With the entering Of the plea the declaration
was made that unless at least one Of the cases
was Immediately settled the life Of Samuel We'll
who is vice-president of the company and is
one Of the defendants, was in jeopardy. He IS
said to be a nervous wreck and fears were en-
tertained for his life If he had been allowed to
continue under the strain of a trial The plea
was entered, it is declared. after a complete
understanding had been reached between coun-
sci for the defendants and Attorney General
William H Moody. While in Chicago the At
| torney General was apprised Of the condition Of
Vice President We'll and. it is said he agreed
TO the entry Of plea Of guilty. with the under
standing that the jail provision Of the law.
under which the indictment was returned, should
be waived, and merely q fine imposed. The
same concession was made in the case Of the
other three defendants.
The four defendants were charged with IN
lawfully combining and agreeing to solicit re-
bates for the SchwarZschild & Sulzberger COM
pany from the Michigan Central. Chicago, Rock
Island and Pacific Grand Trunk Western.
Lehigh Valley, Boston and Maine and the
Mobile and Ohio railroad companies Charges
were made that the defendants conspired with
one another in presenting supposed claims for
damages. which were in reality claims for re-
bates
The fines were paid Immediately, Max sulz-
berger giving his check for the total amount,
was accepted as payment Of the fines and the
defendants then left the courtroom.
District Attorney Morrison, discussing the case
after adjournment Of court, said:
I am perfectly satisfied with the matter as it
stands. The defendants came into court, pleaded
guilty and the court showed leniency in the
sentence. The fine is heavy, but the imprison-
ment provision IS there, the most important
part Of the law. I think it was very fair con-
sideration of the matter
It was proven conclusively by the government
that after the issuance Of the Injunction by
Judge Grosscup the Schwarzschild {. SuIz-
berger Company withdrew from the combina-
ton. They were Independent, but in order
carry on their business in strenuous
petition against the other packers it seems il
was necessary for them to accept rebates. The
results to-day only go 10 show that the govern
ment has now lodged an opening wedge into the
question of rebates. We have found way TO
proceed and ii seems the proper one. It seems
TO me that the government is in q fair way of
breaking off the entire rebate evil in this coun-
try.
From the books of the government 1t is shown
that 10 collect evidence against the four defend
ants and bring about their Indictment the gov
eminent spent $4,000. The cases against Ar
rnour & Co. and others were continued until next
Wednesday.
The scene in court when the four defendants
in the SchwarzschiId & Sulzberger case entered
was interesting. All the defendants except Mr..
Well went Immediately before the bar, the
centre of the gaze Of every person in the crowd
ed court room. The three traffic managers are
young men, and they showed their emotions
visibIy Mr. Well as he entered the room,
slipped into a seat near the door He had
scarcely sat down when an attorney called him
forward and the four stood in line be-
fore the court
Judge Humphrey. in passing sentence, said:
You are charged with conspiracy 10 commit
an offence against the United States laws. Your
counsel have entered pleas of guilty. and if
you have anything further to say other than
has already been spoken you are at liberty to
sneak
The three younger defendants shook their
heads; the fourth. the of years. looked at
the floor and said nothing. nor did he make
sign.
Punishment for this offence as fixed by Con-
gress has a wide range giving the court IN
usual latitude ranging from nominal fine
without imprisonment TO d heavy fine and two
years Imprisonment all in the discretion of the
reasonable moderation. The sentence OF the
court in the case OF the defendant Well Will be
a fine of $4,000 and costs. and commitment
ID the county jail until the fine is paid, and in
the cases Of Todd. Skipworth and Cusey a fine
of $4,000 and costs, with the same provision in
regard TO the payment
The check in payment of the fines was quickly |
made out and the four SchwarzschiId & SuIz-
berger officials stepped out Of the court room. |
free.
Samuel WeiIs son. at No. ODD Lenox-ave said |
last night that his father had been in a nervous
condition and had been staying at a private |
institution in Chicago, but was now on his wav |
10 this city He said that Mr. Well was still !
in very poor health, though he considered the !
reports Of the seriousness Of his condition ex- |
aegerated. He could not say whether his |
father would be able 10 take up his regular |
duties. He believes that his fathers illness
was brought largely by the difficulties re-
sulting from his deals with the railroad com
p2nies.
c. w. ARMOUR HAS LITTLE TO SAY.
rF3y Telegraph 10 The Tribune
Kansas City. No, Sept 21.-CharIes ". Armour.
head Of the Armour interests in Kansas City re-
turned his Office to-day after trip TO Port
land. Mr. the only Kansas City
packer indicted by the federal grand jury IN Chi