Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1906-03-22
MEAT BARONS
WIN OUT IN
FIGHT FOR
IMMUNITY
SCORE ONE ON
GOVERNMENT
Packers Are Exempt
From Prosecution.
MOODY WILL HAVE TO GO
AFTER The ARTIFICIAL MEN"
Judge Humphrey in Lengthy Opinion
Decides Corporations But Not the
Men Are Subject to Crimi-
nal Proceedings.
MOODY WILL HAVE TO GO
AFTER THE ARTIFICIAL MEN"

Chicago, Mar. 21.-All of the pack
erswho were indicted by the federal
grand jury last summer upon charg-
es of being in conspiracy in restraint
of trade and commerce were today
granted immunity from criminal pros
ecution under the indictment. While
the individuals are to go free the in
dictments found against the corpora
tlons of which some of the indicted
individuals are members and others
employees, are to stand.
The decision to the above effect was
handed down this afternoon by Judge
Otis Humphrey in the United states
district court The arguments in the
case were concluded shortly after 3
o'clock and Judge Humphrey at once
commenced the delivery of his opin-
ion. 1T was oral and the judge spoke
for nearly an hour before giving the
slightest indication of what the ultl.
mate decision would be. He reviewed
the case at length in all its bearings,
cited all essential facts which had
been brought out and concluded as
follows
Under the law in this case the
immunity pleas filed by the defend
ants will be sustained as to the indi-
tions-the artificial persons, and the
jury will find in favor of the govern
ment as far as the corporations are
concerned and against the govern
ment as far as the individuals are
concerned.
During the rendition of the decision
the court was crowded by the de-
PENDANTS, newspaper reporters and
spectators. Edward Morris and Ed
ward 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
e. Co.. who were under indictment
were there, and their joy was great.
Packers Jubilant.
When the judge announced that the
indictments would not lie against
them they crowded together and com
menced to shake hands in mutual con-
graduation. The attorneys for the
defendants were also highly pleased,
and when the decision had been an
nounced they shook hands all round
and then fastened to the jury box to
shake hands with the jurors who had
been excluded from the court room
during all of the arguments in the
case. and who returned a verdict in
accordance with the directions Of the
court.
District Attorney Morrison. who
handled the case alone with the ex-
ception of the arguments by Attorney
General Moody, sat with bowed head
for a short time after Judge Hum
phrey had concluded, and then walk
ed over to the jury box and also shook
hands with the jurors. Immediately
following the decision 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 COM
mence within two weeks. This met
with a storm of protest from the at
torneys of the packers, who insisted
that they would be unable to prepare
for the case before the fall of the
year, pleading the number of witness
es which it would be necessary TO
bring to Chicago, the strain OF the
present trial and various other reas-
ons.
After some discussion Judge Hum
phrey directed that the lawyers agree
among themselves upon a date and
notify him OF their decision next
week. II is expected that the total
number of witnesses in this trial when
II begins will number at least 1000.
lflt dttpTHeyS IUf lHt puCheTS utClhI-
ed today. when asking for a postpone
ment OF the trial. that their witnesses
would number 1900 and the govern
ment has already said that II would
have 100 or more.
The court Proceedings for the day
were commenced by the argument OF
Attorney John s. Miller who had
waived a portion of his time in favor
of Attorney General Moody He
secuted the contentious of the attor-
ney general, saying that 1t was evil
dent to the most casual reader of he
interstate commerce law that no dis
iinctlon existed IN that act between
evidence given voluntarily or evidence
given under compulsion. lie declared
that there could not be the slightest
doubt that the defendants in the pres.
ent case were entitled to immunity.
without any claim on his part at Is
contended that defendants In this cas-
were volunteers. because they hag-
gled with Garfield al times, debated
resisted. gave less than he asked, and
withheld some things"
"The record does show but the raci
remains that every approach wai