The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-07-04
PACKERS READY FOR FIGHT.
HAYE SEVERAL WAYS TO ATTACK
THE INDICTMENTS.

Application Of . Writ OF Injunction Re-
straining the Government From Prose-
cutting Likely to Come F1rst-Meat Men
~ May Ask for HabeAs Corpus Wr1ts.
CHICAGO, July s-The indicted packers
are rapidly getting their defense into con-
crete form. Their general counsel, John
s. Miller, will be surrounded by an array
Of 'egal talent such as has perhaps never
tc' ore been assembled in any case in the
&c rts of the United States. The most
r.. urceful practitioners at law will defend
l. packers against the indictments voted
L. Saturday by the Federal Grand Jury.
l. cry inch of ground will be fought over.
rnd the plans under consideration con-
TEMPLATE a half dozen or more different
methods OF procedure to set up the con-
tent ion OF the packers that the Govern
ment's position in the matter Is untenable.
1t was expected that the packers, through
Attorney Miller, would apply to-day before
Judge Grosscup for writ OF injunction
restra aiming the Government from prose-
cutting them under the indictments, but
because Of the fact that District Attorney
Morrison was indisposed the matter was
POSTPONED until time to be decided upon
the Government attorneys .
Meanwhile another plan, 1t is said. has
been evolved by the associate 60 'sel lot
the packers. This plan ~ to re the
packers surrender to the Federal al ,horities
at noon on Wednesday, and instead OF CIV
ing bonds, to ask for a writ OF habeas corpus
either before Judge Grosscup or In wash
ington, before the United States supreme
Court, on the ground that the defendants
are in custody and are illegally detained and
depry red OF their liberty :,
the application for a writ OF injnnction'
which would be deferred pending the out
come OF the first action. The contention
would be practically identical with that
which the packers counsel would pIopaP1y
SGT up In their argument for writ OK In
Junction.
1t /, said that the defendants cannot be
held accountable twice for the same Of
Tense While none OF the counsel for the
pack rs will discuss the propositlon. y !. 10
sal that the plan has been submitted to
all ths principal heads Of the packing con-
Germs named in the indictment and has
met tneir favor.
If the writ is denied then the intention
is to proceed by applying for an Injunction
and making dire t attack on the 'ho'c'-
mont.
Another method OF attack suggested by
the attorneys is a motion to quasn the m
dotr,ents on the contention that the fed-
eral Grand Jury was illegally emPaneled'
A di solution OF the Grosscup, injunction
NAV also be asked for. Mr.. Miller declares
he HIS been informed that the Grand Jury
INQUIRY was projected by the Government
attorneys as a means OF obtaining eVldeno
upon which to prosecute the packers for
yiof ton of the injunction.
THIS he declares is an irregular proceed
ing and entities the packers to redress.
District Attorney Morrison takes the
cs'tion that the Grand Jury investigated
the violations of the Sherman law with
out reference TO the injunction.
Assistant Attorney General Pagin takes
the same view. He declares the Govern
ment will be prepared for any move the
pa ok ,rs' counsel may make.