Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-20
MOODY ADDRESSES The JURY
Attorney General Makes Final Plea for
Government in Packers Case,
RIGHTS UNDER LAW DEFINING IMMUNITY
Each Defendant Must show That He
Was Compelled 20 Give Evidence
Against Himself on spe-
cfac CharRes.

cihc Charges.
CHICAGO. March 19-Attorney General
William II. Moody commenced the closing
arguments for the government today in the
hearing of the immunity pleas advanced by
the packers. The courtroom was packed to
the doors with local attorneys. anxious to
hear the argument Of the attorney gem
eral In opening his argument he declared
that the eyes of the whole people Of the
United States were directed to the court
room In which the present hearing is being
held and asserted that the government of
tho United States is far too much in earn
est in the present case in order to pursue,
as attorneys for the packers have init
mated IL is pursuing, senseless creation
of the law. lie declared ii wrong had
been committed the government was seek
ing the punishment. not of a corporation,
but Of the living. breathing human beings
who committed the wrong. The govern
ment and people Of the United states, he
declared, will be satisfied with nothing
less than that He declared that his ap-
pearance at the bar of the court was un-
usual and almost unprecedented. but the
law gave him the right to appear, and
after much deliberation he believed II to be
his duty to appear The justification for
his action, he said, would be found not only
in the Importance of the present case, but
in the fact that should immunity be con-
ferred upon the defendants on the ground
upon which 1t has been claimed. it would
overthrow the legal interpretations of the
government for many years and would
pecially cripple the government in its at
tempts to enforce the laws of the land
Mr.. MOody's speech.
The attorney general rose to make his
argument shortly after Attorney Miller,
who represents Armour & c., had con-
cluded a brief argument on the import of
two recent decisions by the United States
supreme court
u shall spend but little time on the sub
ject touched by my learned brother" said
the attorney general. Il will say little be-
cause | care less"
Taking up the subject matter Of his ar
gument the attorney general said:
speak under deep sense of personal
feeling because of these prosecutions all
over the country. Not long ago a certain
newspaper in New York furnished data
concerning the offering of rebates in the
sugar refining business, Out OF this charges
have grown against the railroads and some
others. They are now being heard by a
! grand jury. and so l am not at liberty to
/ say whether they are true or not. Re-
1 ndleS, II is GnATReO, amounting 10 uuI-
dreds OF thousands of dollars were given
| The sugar men went to the railroads and
| got a club with which they clubbed the
| farmers Of this country into submission, so
| that the Sugar trust may take their prop
| erty- If the contentious in this case are
true these railroads are then immune
| These defendants seem to have a strange
! aversion to the hearing OF any evidence or
any testimony on their guilt. They plead
| Indictment. They do NOT say hert that
| they are not guilty. bu. they do say, guilty
\ or not. each of them has received a par
/ don. 1t - the claim of each one of these
| defendants separately that he Is to have a
| pardon. and upon each one of them rests
the burden Of proof. They cannot dump all
d basket and then claim immunity for
| every one.
Immunity Plea m AftcrthOuRht.
After reciting the facts in the nling of
the pleas Of immunity and declaring that
they were plainly an afterthought on the
part of the defendants, the attorney gen
| eral continued:
Each of these defendants must show that
he was compelled TO give evidence against
himself with regard to the offense charged
against him in this indictment. II Is my
understanding that the privilege of the wit
ness and the immunity OF the witness is
personal to himself. He is protected from
producing any evidence or giving any tes-
timony which might incriminate him. He
can take advantage Of the privilege of no
other person whether that be an indi-
vidual or a corporation. 1t Is not ques-
tion Of whose property the incriminatinG
evidence may be. If IL is evidence consist
ing of books or documents. If I have in
my possession a book containing an entry
verified by my initials which incriminates
me all the powers of the government can
not take II from my possession, because
i Is my personal right under the eonsti-
tuition not to be compelled TO give evidence
against myself.
Attorney Miller, representing Armour &
FCo., asked
They could compel you TO give it up
could they not, If they did not put you
under oath?"
Rights Under the Law.
"Of course they could not" replied At
torney General Moody. Because I would
not give It up. I do not require a const
tuition or an immunity statute IL I hav,
got it.: hold on to It until l am brought
20 process OF law into court and then
rely, as l have right to rely, upon tn,
protection Of the constitution II Mr.
Armour or any one Of these defendant
was subpoenaed to appear before the gran,
jury and produce these books OF theirs
the answer that they ought TO make 4
that they were not in their possession
: If the bookz~ were in their possession, o
If they produced them, they could not OBJ
tain immunity unless the books the,
brought in contained evidence relating 4
some offense of which the person VIII
brought in the books was guilty"
The attorney general then went on T.
claim that the pleas in immunity had n
standing because of the absence Of IN
slightest vestige of any compulsory process
4 Of law. He said he regarded this absenc
as decisive Of the present case as a matte
of law.
! Attorney General Moody will probabl
! sneak All of touorroUy