Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1906-03-22
PACKERS WIN CASE
Judge Humphreys Decides They
Are Entitled to Immunity
From Prosecution
CORPORATIONS
Opinion Handed Down Holds That the
Packers. Cannot be Tried for Viola
ton of Interstate Law, Because Of
Information Which Was Given to the
Government.

Chicago, March 22.-All of the pack
ers who were indicted by the federal
grand jury last summer upon charges
of being in conspiracy in restraint OF
trade and commerce, were granted
under the Indictment. While the in
dividuals are to go free the indictments
found against the corporations of which
some of the indicted individuals are
members and others are employees are
to stand.
A decision to the above effect was
handed down last evening by Judge j..
Otis Humphrey in the United States
district court. The arguments in the
case were concluded and Judge
Humphrey at once commenced the de-
livery of his opinion. 1t was oral and
the judge spoke for nearly an hour
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 the essential
facts which had been brought out and
concluded as follows:
Under the law in this case the i'm
munity pleas filed 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
are concerned"
During the rendition of the decision
the court was crowded by the defend
ants and numerous spectators. Ed
ward Morris and Edward Swift were
In court and both smiled happily when
the decision was announced. J. Ogden
Armour was not present, but some Of
the men prominent in the employ or
Armour & Co., who were under indict-
ment. were there and their JOY was
great When the judge announced that
the indictments would not lie against
them they crowded together and COM
menced to shake hands In mutual con-
ordinations The attorneys of the de-
PENDANTS were also highly pleased, ana
when the decision had been announc-
ed thew shook hands all around ana
then hastened to the jury box to snake
hands with the jurors. VINO had peeh
excluded from the court room during
all Of the arguments made In the case
and who returned verdict in accord
anca with the directions of the court.
Morrison is Hart Hit.
n;strict Attorney Morrison, VINO mas
handled the case alone with the excep-
tion of tine argument by Attorney Cen
eral Moody, sat with bowed heau uoi
a short time after Judge humphrey
had concluded. and then walked over
ia the Jury box and also shook haffas
with the Jurors Immediately folloW-
ING the dismissal OF the jury, Dlstrlct
ATTORNEY. Morrison raised the question
If the date for the trial Of the corpora
lions. -.
He asked that the case be set for the
trial, and that it commence Wilhl'' cwo
weeks. This was met with storm o.
nrotest from the attorneys OF tne
na ckers who insisted that they Wouiu
ha unable to prepare for the case pc
fore the fall Of the year, pleading tne
;, ,,,,,her of witnesses which 1t would De
~ ecessary to bring to Chicago, the
strain of the present trial and various
other reasons. After some discussion
Judge Humphrey directed that lhe
LAWYERS agree among themselves upon
the date and notify him OF their de-
cision next week.
If is claimed that the total NUMBER
of witnesses in this trial when 1t be-
gins will number at least 1900. Inc at
torneys for the packers declared TO-DAY
when asking for postponement OF
the trial that their witnesses Woula
4 500 and the government has
.1rea DIV said that it would have one
or more.
Miller Answers Moody.
The court proceedings for the day
were commenced by the argument OF
ATTORNEY John S. Miller, who had waiv-
ad norton of his time in favor OF At
torney General Moody. He secuted the
contentious Of the attorney general,
saving that it was evident to the most
casual reader of the interstate com
merce law, that NO dnstlnctloh eAlseeu
in that act between evidence given
voluntarily or evidence given under
compulsion He declared that there
could not be the slightest doubt but
that the defendants in the case were
entitled to immunity.
Those Affected.
The individuals who go free under
the decision are: j. Ogden Armour,
Edward Morris, Charles w. Armour,
Ira N. Morris, Louis F. Swift. Edward
F. Swift. Charles N. Swift, Edward
Cudahy, Arthur Meeker. T. J. connors,
P. A Valentine, A. H. Veeder. Arthur
F. Evarls, L. A. Carton, Robert Nc
iManus. D. E. Hartwell.
The corporations which must stand
trial are: Armour Packing Company,
Armour & Company, Cudahy Packing
Company Fairbank Canning Company,