The Paducah sun., 1906-03-22
Federal Court Sustains Their
Plea at Chicago.
Indictments Against the Corporations
Are to Come to Trial at Time
Yet to BE Fixed.
THE PACKERS ARE ELATED.


trade and commerce. were granted
Immunity from criminal prosecution
under the Indictment While the in
dyiduals are TO go free. indictments
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 late yesterday after
noon by Judge Humphrey in the
United States district court. Argu-
ments in the case were concluded
shortly after O'Clock and Judge
Humphrey at once commenced the
delivery of his opinion. II was oral
and the judge spoke nearly an hour
before giving the slightest indication
of what his ultimate decision would
be. He reviewed the case at length
in all its bearings, cited all the es-
sential facts which had been brought
ont. and concluded as. follows:
Under the law in this case the
immunity pleas filed by the defend
ants will be sustained as to the in
dividuals, and denied as to corpora
tons. the artificial persons. and the
Jury will find in favor of the govern
ment as far as corporations are con-
cerned, and against the government
as far as individuals are concerned"
Concerning the contention that the
packers volunteered the information
secured by Garfield. Judge Humph
rey said
''It is contended that the defend
ants in this case were volunteers be-
cause they haggled with Garfield at
times debated. resisted. gave less
things. The record does show that.
burt the fact remains that every APP
preach was made by the government.
Garfield made hts demands and IL
does not TO my mind destroy the
character Of the compulsion under
which they acted, and the defend
ants. after having considered legal
right to resist stiM debated with the
commissioner in the hope OF induc-
ing him to take something less than
he originally - demanded. Garfield
came to the defendants and held up
before them the powers OF his Office
They did not go to him and volunteer
anything"
Now since the defendants vOmn-
teered nothing. but gave only what
was demanded by am officer who had
the right to make the demand. and
gave it in good faith under a sense
of legal compulsion, I am of the opin-
ion that they were entitled to inn
munity."
During 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 of Armour & Company. who
we're under indictment, were there
and their jPy was great. When Judge
Humphrey announced the indict-
ments were not in line against them
they crowded together and shook
hands all around and then FASTENED
to the jury box TO shake hands with
the jurors. who had been excluded
from the court room during all the
arguments made in the case and who
returned a verdict I'm accordance with
the direction of the court.
District Attorney Morrison. who
has handled the case alone with the
exception of argument by Attorney
General Moody, sat with bowed head
for short time after Judge Humph-
rey and concluded, and then walked
over to the jury box and also shook
hands with the jurors
Immediately folloWmg the diSmis-
sal of the jury, District Attorney
Morrison raised the question of 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 they would be
unable to prepare for the case before
fall, pleading the number of witness
es which it would be necessary to
bring to Chicago strain of the pres
ent trial, and various other reasons.
After some discussion Judge Hum
phrey directed that the lawyers agree
among themselves upon a date and
notify him of their decision next
week.
1t is expected the total number OF
witnesses in this trial when III begins
will number at least 1000. Attor-
neys for the packers declared today