Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1906-03-28


indicted by the federal grand jury last
summer upon charges OF being in cen
spracy in restraint of trade and COM
merce were yesterday granted immun-
ity from criminal prosecution under
the Indictment While the individuals
are to go free, the indictments agains,
the corporations OF which some q
the individuals are members and 9th
ers are employees, are to stand.
The decision to the above effect
was handed down yesterday after
noon by Judge Humphrey in the
United States district court. trgu
ments in the case We're concluded
shortly after three o'cock and Judge
Humphrey at once commenced the
delivery of his opinion. 1t was oral,
and the judge spoke nearly an hon
before giving the slightest indication
of what the ultimate decision would
be He reviewed the case at length,
in all it's bearings, cited all essential
facts which had been brought ont,
/ and concluded as follows:
Under the law. in this case, tho
immunity pleas filed by the defend.
| ants will be sustained as to the inli-
{ viduals, and denied as II the corpora
! tons, the artificial persons, and the
/ jury Will find in favor of the govern
ment as far as the corporations are
| concerned. and against the govern,
ment as far as the individuals are con.
! cerned."
Concerning the contention that the
| packers volunteered the information
secured by Commissioner Garfield
Judge Humphrey said
1T is contended that the defend
ants in this case We're volunteers be
cause they haggled with Mr.. GARFIELD
a times. debated resisted, gave less
than he asked. and withheld some
things. The record does show that,
but the fact remains that every ap
proach was made by the government
| Mr. Garfield made his demands and
| it does not. to my mind. destroy the
| character of the compulsion under
which they acted, that the defendants,
| after having considered the law, and
| after having decided that they had
no legal right to resist, still debate
with the cunmissi 0ner in the hope 81
inducing aim 10 take something less
than he originally demanded Mr.
Garfield came to defendants and held
up before them the powers of his o.
fee. They did not G. to him ana
! 4 b.,
defendants volunteered nothing. but
gave only what was demanded by IN
officer who had the right to make
the demand, and gave it good rai'a
under a sense of legal compulsion. !
am OF the opinion that they were en-
titled TO immunity"
During the rendition of he decision
the court was crowded by defendant,
and numerous spectators. Edward
Morris and Edward Swift were in the
court and both smiled hapn!!s M.,1fi
the decision was announced J. Ug
den Armour was not present, but some
of the men prominent in the employ
OF Armour & Co, who were under in
| dictment. were there and their JOY
was great. When the Judge announced
that the indictments would not lie
against them they crowded together
and shook hands in mutual congratu.
lation The attorneys for the defend
ants We're also highly pleased. anu
when the decision had been an
nounced they shook hands all rouno
and then FASTENED to the jury box 10
shake hands with the jurors, who had
been excluded from the courtroom
during all the arguments made iii the
case and who returned a verdict IN
accordance with the directions OF The
court. District Attorney Morrison
who had handed the case alone witt
the exception of the argument by A.
torney General Moody, sat with bowed
head for short time after judge
| Humphrey had concluded, and ther
walked over to the jury box and afsC
shook hands with the jurors
Immediately following the dismissa
If the jury, District Attorney Morr
son raised the question OF the dara
for the trial Of the corporations he
asked that the case be set for trial
and that it commence within tWc
weeks. This met with a storm OF
protests from the attorneys If the
packers, who insisted that they would
be unable to prepare for the trial be
fore fall, pleading the number OF Wij
nesses which it would be ne 'essarv
% bring 10 Chicago. the strain OF The