The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1906-03-23
indictments Against Corporations
Are to Stand
A Review of the Case in All it's Bear
ings-Jury Instructed to Find for the
Government as Far as the Corpora
tions are Concerned and Against the
Government Where Individuals are
Concerned-Much Rejoicing When
the Decision Was Announced

the Decision Was Announced.
Chicago, March 21-All the meat
packers who were indicted by feder-
al grand jury last summer on charges
Of conspiracy in restraint of interstate
trade and commerce today were grant
ed immunity from criminal prosecu-
ton under the indictment. While the
individuals are to go free, the indict-
ments would against the corporations,
Of which some of the indicted packers
are members and others are employees,
are to stand. The jury returned a YER
dict in accordance with the directions
Of the court.
A decision to the effect was handed
down this afternoon by Judge J. Otis
Humphrey in the United States dis
trict court. The court reviewed the
case i'll all it's bearings, and 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 to the corporations, and the
jury will find in favor of the govern
ment as far as the corporations are
concerned, and against the government
as far as the individuals are concern
ed"
During the rendition of the decision,
the court was crowded by defendants
and numerous spectators. Edward
Morris and Edward Swift were in
the decision was announced. ]. Og-
den Armour was not present, but some
men prominent in the employ of Ar
mour and company who were under in
dictment were there and their joy was
great. When the judge announced
that the indictments would not lie
| against them, the defendants crowded
| together and shook hands.
Immediat teiy following 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 a storm of protest from the
attorneys of the packers who insisted
that they would be unable to prepare
| for the case before fall, pleading the
number of witnesses which it would be
necessary 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 on date and notify
4 L: xl>1
expected that the total number OF wit
nesses in this trial when it begins viii
number at least 1,6OO.
Judge Humphrey in his decision SAID
III part:
THE defendants are indicted under
the Sherman act, charged with con.
spiracy in restraint of trade. They
have pleaded that as to them that ac
should be suspended because they were
compelled to furnish evidence concern
ing the matter in the indictment ant
under the law such furnishing of ev1
dence gives them immunity. The Law
under consideration, for the construc
ton of which the court is called upoI
to decide. is the commerce and labo
act. It is clear that the primary pur
pose of this act was to enable con
} gress to provide, through the channe
of officials charged with the execution
of the laws, remedial legislation.
1.-The act is a substitute for one o
the most cherished rights Of the Amer
lean citizen, which is the right to re
main silent when questioned about an.
I subject, the answer to which nigh
} incriminare him 1t is conceded tina
the privilege amendment TO the coH
stitution cannot be taken from the CIT
, izen without giving to him somethin
: equally valuable in return. The priv
lege of the amendment permits re
t fusal to answer a question relating I
. the offense. The privilege must b
!, claimed by the witness az the time
; The immunity flows to the witnes
: 4 without any claim On his part. 1t
Il contended that the defendants in thl
n case were volunteers because they has
t cled with Garfield at times. debate'
rested, gave less than he asked. an
withheld some things. The recor
s does smhow. that but the fact remair
n that every approach was made by II
government. Garfield made his d.