Omaha daily bee., 1905-09-06
PACKING CASES POSTPONED
Hearing of Pleas of Indicted Men and
Concerns set for sep
tember rs.


CHICAGO. Sept. 5.--Twenty -one separate
trials may be demanded before federal
judges by the Chicago packers indicted
on charges of conspiracy In restraint OF
trade within the next two weeks. After
the matter of pleading had been continued
until September rs by Judge j. Otis Hum
phrey today. many of the attorneys in
terested in the case held a consultation,
and at least one agreement was reached
whereby separate trial will be de-
manded from the government This move
was anticipated by the government and
every effort WIN he made by the federal
attorneys to Offset the requests Of the
defendants.
Assistant Attornes General oliver Pagin,
in speaking OF the contemplated demands
for separate trials, declared tonight that
It Is not probable that separate hearings
will be granted by the federal courts un-
der the one indictment charging con-
spiracy.
"All these defendants are included in
the one Indictment charging conspiracy in
restrain of trade said Attorney Pagin
Conspiracy, of course, will be the es-
sence of the case and inasmuch as It
takes all of these defendants together to
form the alleged conspiracy, there is no
reason why they should not be tried to-
gether."
Government prosecution Of Chicago pack
ers for alleged violation Of antitrust
laws was scheduled to begin today. but
instead there was delay. On motion of
| Attorney J. 8. Miller representing the
packers the hearing of the cases was
postponed until September Is.
| The court room In the new federal build
| ing was filled with lawyers and spectators.
4 TT,xNN-
Humphrey presided. Attorney General
Moody, with District Attorney Morrison,
Assistant Attorney General Pagin and As
sistant District Attorney Elwood Goodman
| occupied one table, while Attorney Miller
and his associate counsel seated themselves
at another. Attorney Morrison announced
! to the court that the packers had been
notified to plead and that their counsel
was present for that purpose. Attorney
Miller then arose and said:
! The district attorney has given me notice
as well as the defendants to plead here to-
| day. The notice came on Friday. Saturday
was practically a holiday and Monday being
| Labor day we could do nothing. 1t Is still
4 vacation season and many of the defendants
are away as well as some attorneys and
we now ask that the government does not
press the matter unfit Monday, September
| Is. At that time everyone will have re-
turned and the courts will be open.
hope that. counsel will agree to the postpone;
|
presume the defendants will take some
action which will precede the matter OF
! pleading. r-3
! They might move to quash the indict-
| ments, enter a plsn In abatement or pro
coed by demurrer 10 the indictments. We
have not yet definitely settled what action
| to take and in view Of this unsettled con.
dition we ask that the matter be continued
| until the 18th.
THE request Of counsel is not unsatis-
factory or unreasonable" said District At
Itorney Morrison ''and the government is
satisfied"
Let IL so be ordered" replied Judge
Humphrey. The matter OF pleading IL
continued until September h
The attorney sen4ral was retlcent ir
speaking of the matter. but declared that
he is not desfrous of putting the packers tC
any inconvenience. ~
IT do not know, of course, what tht
packers intend to do between now and
September 49," said he, but the govern
ment will push the cases az rapidly al
possible and stiII consistently and withou
prejudice
Counsel for the Chdahy Packing com
pany held a conference this Afternoon
and decided to request for the Cudahy
company a separate trial