Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-02-06
NO AID FROM Mr.. GARFIELD
Attorney General Says Department Of
Justice Did Not Use Rspsrt.
SLOW PROGRESS IN PACKERS CASES
Constant Objections TO Questions
Takes I'D Time of the Ccurt-wit-
ness Accused of Making
False Statements.

u vi.
for Morris & Co. His evidence related to
the manner in which the agents of the gov
ernment we're given information in the
case of Morris e. Co The cross-examina-
tion by District Attorney Morrison was ex-
ceedngly sharp. Just before the adjourn !
ment of court today the district attorney !
+ put some leading questions regarding the ,
/ working of the Oppenheimer company. ,
which IL Is claimed by the government was !
one of the affiliated concerns through which ,
the packers controlled the price OF by :
products. He made the assertion that the .
witness was not telling the truth and I
brought on warm argument, in which ell
/ the attorneys took part. The question was /
! finally ruled out Of the court
Attorney General w II. Moody was an /
| Interested observer today at the opening of |.
the trial Of the immunity pleas advanced by :
! the packers. c. NJ. McFarlane manager ~
! the Fairbanks Canning company who was
| on the stand when court adjourned on FRI |
day resumed his evidence this morning. 1t
! related entirely to the number and charac-
ter OF books which he had shown to the
agents OF the government who made the in
| vestigation under the direction of Commits
soner Garfield.
| The witness identified a number of papers
which he declared were the acquisitions is
sued by Commissioner Garfield and his
agents for the production of certain books.
No Information from Garfield.
During the noon recess of court Attorney
General Moody said in reply to questions:
II notice that the attorneys for the
packers have produced evidence to the ef-
feet that Commissioner Garfield said that
he would not give to the Department of
Justice the information he secured from
the packers. If he ever said that he GER
tainly kept his word for the Department
of Justice never received any information
from him. Neither did we receive in
formation from the president, nor any Of
the subordinate officers of the Department
| OF Corporations"
District Attorney Morrison at the opening
of the afternoon session of court refused to
admit the authenticity of section of let
ter written by President Roosevelt and in
corporated in report from Attorney Cen
, eral Moody to the senate. The matter Is
now a public document
The portion of the letter has TO do with
|, the allegation Of the packers that part of
, the report of Commissioner Garfield was
, used by the Department of Justice. 1t Is as
follows:
With my approval the Department of JUS
tice. with the assistance OF the Depart
ment of Commerce and Labor, has for some
months been endeavorins to find out
denee of such wilf,il and deliberate viola
fftfon OF the ifijuncton ny any it1dfv1iusf. ~
, the Grand jury now sitting In chicago iinds
, nected with the packing corporations II
, will be because in their Judgment such legal
evidence of such violation of the injunction
has been laid before them.
I Moody Assists District Attorney.
y The cross-examination OF Mr.. McFarlane
by District Attorney Morrison related en-
tirely to the facts shown in the books and
what could be shown by them. Frequently
the attorneys for the packers strcnuously
{ objected to the questions asked by the dis
trict attorney saying that he was trying to
force from the witness facts bearing the
main issue of the case.
WAS there anything in those books to
t show that there was a combination between
: the packers?" asked the district attorney.
= Objection was made to this and the objec-
e tion was sustained by the court.
f Attorney General Moody was' an inter-
e ested listener during the cross examination
c of Mr.. McFarlane and made many sug-
Q gestions TO the district attorney.
X Did you hear Mr.. Morris say that
c he did not want the books examined be-
cause there was something in them that
y might incriminate hm?'
e II think not"
y do your books show all Of the profts?'
d Yes"
e do they show the dividends paid by the
e Oppenheimer Manufacturing company"
I. The witness produced book showing an
q account for more than $500. which amount
n he declared TO be a dividend from the OPP
70 perheimer company.
J. Where did the Oppenheiner company
get the sausage castings that mentioned
n in this transaction"
Il Questions yeracity of witness.
" The attorneys for the packers objected
strongly, and District Attorney Morrison
'e said
II want to show that the item on this
book relative to these castings is not cor
! roct. and that the statements Of this wit
ness regarding them arc not true"
~ That is not so," said the witness
wait n moment. don't get excited" re-
piled the district attorney.
The government is doing something here
q that is a violation Of the law" said Attor-
: ney Hynes who is in court for the packers
~ Nearly all of the attorneys in the case
,r were on their feet at this juncture. and
L. all OF them tried to talk to the court at
the same time Attorney General Moody
t talked earnestly with the district attor.
as ney, making suggestions as to the method
II of procedure
t Did you not say in your opening state.
re and could not he prosecuted for perjury? -
pr asked the court.
V. Yes, but that has nothing TO do with
er this matter" replied the district attorney
is II have the right to test the credibility OF
& these books and of this witness"
ne Don't you want to elicit from this wit
~ ness an answer 10 the effect that the Op
H. penheimer company was an Illegal com
bination?" asked Judge Humphrey.
G on that We need replied the district at
torney. I'VE do not have to depend OF
X this evidence for the other case"
The court then ruled against the govern
mcnt, and ordered the questions regardin,
the Oppenheimer company be stricken out
The court adjourned with Mr.. McFarlan,
he still on the stand.
en-
81 SOFT COAL PRICE HlGHEE