Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-09-28
PACKERS LOSE FIRST ROUND
Federal Court Rules Against Plea in
Abatement Filed by Neat Kings.
OBJECTIONS TO JURY ARE ARGUED
Allegation that the Panel was Not
Properly Drawn VIII BE
Considered Further
Today.

CHICAGO Sept. IA victory was
scored today by United States District
Attorney C. r. Morrison in his struggle
to bring to a successful finish the prosecu-
tion of the meat packers. During the argu-
ment against a demurrer filed by Attorney
Morrison against the plea in abatement
filed some time ago by the defending at
torneys, contesting the indictment which
charges the various packers and their as
sociates with conspiracy in restraint OF
trade, the question OF the right OF the
packers TO appear in court at the time of
the impanelling OF the federal grand jury
to challenge jurors as they were impaneled
was raised and Judge ]. Otis Humphrey
decided in favor OF the government.
Objections to Jury Argued.
The objection by the defendants to the
manner in which the jury was drawn was
then taken up, and at the time OF adjourn
ment tonight Attorney Rosenthal was read
ing authorities supporting his contention
that the jury was drawn from a part Of
the district without proper order of the
court. The jury was drawn from the east
ern district Of the northern division Of the
state and it is contended by the defendants
that the court ordered the jury drawn
from the body OF the district" meaning
The hearing will be resumed tomorrow
morning
Max Sulzberger OF Chicago vice pres
| ident of the Schwarzchild q Sulz-
berger Packing company, and z. B.
| Fish. who Is one Of the trafic off,
cials of the company, 1t is announced today.
have been subpoenaed by the government
as witnesses In the Beef trust cases to
| testify against Armour & Co. and the other
defendants. Two other employees of the
Schwarzschild & sulzberger company have
also been subpoenaed by the government.
Oficials of the schwarzschild & Sulz-
| berger company pleaded guilty recently to
charges OF conspiracy to Illegally obtaining
railway rebates. The offenders through
pleading guilty escaped imprisonment being
sentenced to pay fines aggregating S25,oOO.
Expects Secrets to Come out.
The subpoenas made publIc today were
| served several weeks ago but the matter
| was kept secret Traffic Manager e. B.
| Fish, who has been subpoenaed is the wit
| ness whom II was charged in an jndct-
| ment Attorney Joseph Weissendach and
three other men spirited away to Canada.
| Government secret service men worked on
| the case for long time and finally re-
ported that Sulzberger and the other three
| dtIdcneS OF tne company are IN possession
of facts concerning a meeting of packing
officials held within the past year, almost
within the time OF the grand Jury investi-
cation. 1t was learned, It is declared, that
| a representative of the Sehwarschild q
Sulzberger company was seated at the
table about which the packers gathered
The details OF this alleged meeting will
1t is hoped by the prosecution be exposed
before the jury which tries the packers
| Attorney Welssenbach today. however
| strenuously denied that the Schwarschild
& Sulzberger company is turning state;
| evidence in order to "get even" with the
other packing companies. He declared
that the witnesses will go on the stant
under protest.
After a search OF many weeks the gov
ernment officials have succeeded in finding
| important witness. George L. Coffin
manager for Hammond & Co., at the stool
yards He has been out of the city 1t il
declared for some time. He was sub
poenaed today.