The Montgomery advertiser., 1906-02-03
PROTECTION
 WAS PROMISED Garfield'S Assurances to
 the Packers. REPRESENTED THE PRESIDENT Said Administration Would Not
 Engage in Prosecution. Jesse P. Lyman, Former Head of the National Packing Company. Con- firms the Statement of Oth- CT Witnesses.
REPRESENTED THE PRESIDENT

Chicago, Feb. Assignments con- corning the admissability of evidence occupied the greater purt of the day in the packers case and at the time ot adjournment but two witnesses had been on the stand.
 Last night just prior to adjournment District Attorney Morrison objected to any statement of Jesse F Lyman. of Boston, former president of the Nation al Packing Company, relative to any conversation between R4r. Lyman and Commissioner Garfield. He claimed that Mir. Lyman was not q party to the trial nor was the National Packing Company, and thereiare that his evl- uence as to plea of immunity should De ruled out.
 Judge Humphrey finally permitted Mir. Lyman to relate the conversation. 1t did not differ materialIy from other conversations of the same kind that nave been previously taken
 Late in the day when under cross examination by District Attorney Nor rison Mir. Lyman admitted that the Ma tional Packing Company had never slaught red an animal or made a sale. He dees,red that it is holding com pany only.
 After the session had been opened by District Attorney horrison's argu- ment against the testimony of Mir. |. claimed that the National Packing Company was included In the indict- ment among several companies which were mentioned as several others" The attorneys for the packers de- clared that they wished to have Mr. Lyman testify regarding his conversa- tions with Commissioner Garfield at ho In fuo gu this city to commence his investiga- tions into the packing industry. After the arguments had been In progress for two hours the court commenced to put questions. He addressed himself first to the district attorney saying:
 Question of the Court.
 'If 1t Is true that the defendants in this case sat on the board of directors of the National Packing Company, of which Mir Lyman was the president, he was their agent. was he not?"
 Not at all." replied District Attor- aey Morrison. He spoke only for himself.
 'We can show" said Attorney Miller for the packers, that this Garfield re- port was used before the grand jury iefore which MT. Lyamn was a wit less-"
 Can you prove that?" asked Judge Humphrey.
 can prove u Dy tnls very Wit less," repned Mir. AL.IIer T will show hat the very matters given to MT. Gar deld relating to the Natlonal kackng Company were brought out by the grand jury through MT. Lyman"
 MT. Morrison declared the argu- ment had raised the question of wheth- CT a corporation can have immunity He declared that the only way it could obtain immunity was for one of It's of . 70 the company under oath.
 Well" said Judge Humphrey. 'ii Garfield talked to this witness about these defendants and how he was to get the books and papers. hls testimony Is competent"
 T do not see by what process of reasoning the court arrives at that conclusion" replied District Attorney Morrison. If 1t Is to be that by talk Ing to any man In the company Garfield gave immunity to all we are spreading immunity about like a pestilence. In answer to MT. Miller. will say that this Garfield report came to me like any other public document which had been published for weeks and l used 1t as such.''
 Evidence of Lyman Admitted.
 After listening for some time to ar guments in the afternoon session. Judge Humphrey announced that he would admit the evidence of Mir. Lyman re- garding his conversations with Com missioner Garfield. Attorney Morrison took exception to the ruling of the court
 Mir. Lyman then told of his Interview with Commissioner Garfield. He said:
 Garfield told us we would be pro- hry fha and fha tion and that he was the direct repre- sentative of the President. He said that while he remained at the head Of the Bureau of Corporations, he woulc not be used to aid the secret service or the Department of Justice. and that the investigation would be carried on tn a dignifed way"
 Mir. Lyman said that he had taken the advice of counsel relative to allow Ing the request of MT. Garfield for in- formation and that he had followed the advice received.
 Mir. Lyman testified that he was a witness before the grand jury which returned the indictments against the packers and said that he was examined bv District Attorney Morrison and said that during the examination the Dis trict Attorney had in his possession tbpN bA LhN fNRpAN VI SDAtAilAbSiOnGT Garfield.
 After some information relative to the examination before the grand iur, the witness concluded his direct ex- animation and the cross examination hv Mfr Morrison then commenced Mfr Morrison asked What kind of a con- ceru Is the National Packing Com pany?"
 'Tt doos T packing business through the constituent compnu uies"
 "What do you mean hv that?"
 "It docs its business through the Fowler Brothers. Continental P1cking Company. St. Louis Beef Corporation. and some others
 'Is 1t not true that the National Packing Company never slaughtered one animal?'
 VoIIey Of Objections.
 A volley of objections from the at- tornevs for the packers greeted this question. The court finally held that tha question was permissible and Mir. Lyman replied that the National Pack inp Company slaughtered no animals and makes no sales.
 .Is 1t not true that the National Com nanv owns six or eight companies. the