The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1906-03-24
PACKERS IMMUNE
JUDGE HUMPHREY RENDERS n,
PoRTAgT DECISION.
individual p ckers Relieved from
Criminal Prosecution Because
Of information Given to Gar
field, But the Corporations
they Represent Held for Irial.

Chicago, March SA.-Au OF Iu0
packers who were indicted by the fed
eral grand jury last summer upon
charges of being in conspiracy in re-
straint of trade and commerce were
yesterday afternoon granted immunity
from criminal prosecution under the
indictment. While the individuals
are to 60 free, the indictments found
against the corporations Of which some
of the indicted individuals are men,
bers and others are employees, are to
stand.
The decision to this effect was hand
ed down by Judge Otis Humphrey in
the United States district court. The
arguments in the case were concluded
shortly after o'clock.
Judge Humphrey at once commenced
the delivery of an oral opinion and
spoke for nearly an hour before giving
the slightest indication of what the
ultimate decision would be. He re-
viewed the case at length in all it's
bearings, cited all the essential facts
which had been brought out and con-
cluded as follows:
Terms of Judgment.
'Under the law in this case the inn
munity pleas fled by the defendants
will be sustained as to the individuals
and denied as to the corporations, the
artificial persons, and the jury will
find in favor of the government as far
as the corporations are concerned and
against the government as far as the
individuals are concerned"
The court was crowded by the de-
PENDANTS and numerous spectators.
When the judge announced that the
indictments would not lie against
them the defendants who were present
crowded together and commenced to
shake hands in mutual conrgatulation.
The attorneys for the defendants
were also highly pleased, and when
the decision had been announced they
shook hands all round and then has
tened to the jury box to shake hands
with the jurors, who had been exclud
ed from the court room during all of
the arguments made in the case, and
who returned verdict in accordance
with the directions of the court.
Trial Postponed.
District Attorney Morrison, who
was in charge of the case for the gov
eminent, with the exception of the ar
guments made by Attorney General
Moody, sat with bowed head for a
short time after Judge Humphrey had
concluded, and then walked over to
the jury box and also shook hands with
the jurors.
Immediately after the dismissal of
the jury, District Attorney Morrison
raised the question of the date for the
trial of the corporations He asked
that the case be set for trial and that
it commence within two weeks.
This met with storm of protest
from the attorneys for the packers,
who insisted that they would not be
able to prepare for the case before the
fall Of the year, pleading the number
of witnesses which it would be neces-
sary. to bring to Chicago, the strain of
the present trial, and various other
reasons.
After some discussion Judge Hum
phrey directed that the lawyers agree
among themselves upon date, and
notify him of their decision next week.
It is expected that the total number
Of witnesses to be called in this trial
will be at least 1000. The attorneys
for the packers declared, when asking
for 9 postponement Of the trial, that
their witnesses would number 1900,
and the government has already said
that it would have 100.
Reasons for Decision.
Judge Humphrey, in announcing his
decision, said:
THE defendants are indicted under
the Sherman act, charged with con-
spiracy in restraint of trade. They
have pleaded that as to them that the
act should be suspended, because they
we're compelled to furnish evidence
the matter in the indict-
ment, and under the law such furnish
Ing OF evidence gives them immunity.
"The law under consideration, the
construction of which the court is
called upon to decide, is the commerce
and labor act. It is clear that the
purpose of this act was to en-
able conrgess to provide through the
channel OF officials charged with the
execution of the laws, remedial legis-
lation.
The act Is substitute for one of
The most cherished rights of the Amer
lean citizen, which is the right to re-
main silent when questioned on any
subject the answer to which might in