Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-06-22

IN evidence In the case. out rests on CoH-
e.deratlon entirely outside the record
There Is now disturbed condition OF
the public mind in general and while
Speaker Cannon. In his recent article, as
sures us that the country was never so
prosperous as now, he might well have
added with equal TRUTH that the country
never desired a change In its tone OF pros
perty so much as Il does just now. For
two weeks we have been trying cases In
this honorable court. the magnitude and
Importance of which would have been COM
mon but for the worked-up condition OF
the public mind by reports of perform
ances in Washington such as the rate
hill, the meat inspection bill and divers
and other subjects, including CRAFTS, trusts
and OIL combines
''The announcement Is sent abroad by
the Department of Justice at Washington
that unless some one is sent to the peni-
Ientlary the rebate practice viii not stop
"If the conspiracy statute applies to any
one form OF rebates and concessions II ike
wise applies to all forms of rebates and con-
cessions. and the courts cannot be used 10
punish one wrongdoer In one way and an
other in a different way for the same Of
Tense.
There have been three trials in this
court this term In which the defendants
have been convicted OF giving and receiv-
ing concessions and rebates. Are you
going to fine some and imprison others?
Protests Against Discrimination.
president Roosevelt and his special
counsel split on the question of how the
prosecution should be framed and against
whom. Can the district attorney justify
his demand for greater punishment in the
Thomas and Taggart cases than he is ask
ing in the packers case and In the Burling
ton case? If so, on what grounds? Is II
on the ground of larger sums of money!
NO. Or different crimes7 No: for both
were refunds on freights or concessions,
and your honor has well said. during this
trial. there IS no real distinction The
crime is the same in substance but the
form Of the Indictment and the name OF
the crime Is dinerent In the one instance
than in the other.
There Is no Justice in pursuing these de-
PENDANTS while allowing the real offenders
TO escape. The escape of one criminal Is
no defense for the other; but is 1t not
mockery on justice for this great national
government TO sit by and call one after
another OF these rich merchants, and allow
them to clear their skirts of crime ana
prosecution. by telling how their own agent
at their solicitation obtained money from
the railroad for them? All this, too by the
consent and terms named by the govern
ment There is but one case In all the
books which equals It in the miscarriage OF
justice. and that Is the old case in Massa-
ehusetts, where the negro man and white
woman were tried for cohabiting and the
negro was convicted while the white wom-
an was acquitted by the same court and
jury"
Another Case Set for Trial.
The appearance in the federal court here
today for sentence of the representatives of
four meat-packing companies, one railway
and two individual defendants. recently
convicted of violating the Elkins law,
marked the end of the rebate cases to be
tried at this term of court. One other case,
that OF the Chicago and Alton and two OF
its officials has been reset for trial in Sen
TENDER
The indictments upon which the various
defendants were tried were returned in
Kansas City by the grand Jury Decen-
per l3. 1919. The cases have been handled
TOT the government by A. S. Van Valken-
puIsh. the district attorney and his as
SIstant. Leslie Lyons. while the defendants
nave been represented by some of the abIesr
SouhSel IN the west OF the eleven cases
drought up at this term the government has
secured seven convictions, one defendant
was acquitted and three cases were dis
missed Viz
George L. Thomas of New York city a
a,elsnt broker, and his chief clerk L. B.
hassart, whose case was the first to be
tt.eu were convicted of securing rebates
from railways on shipments from New
ioik 10 81 Louis and Kansas CITY drv
eoouS concerns. At their trial several
EN-, Ilent merchants, who admitted having
receiving at various times sums of money
from mysterious Sources. Many thousands
OF collars were thus received. and some of
the witnesses admitted the likelihood % n
having come from Thomas The nana1tv
provided IS fine Of not less than 81 0OO nor
Iilor 9 IMAM $1,000. or Imprisonment in the
peii'eeil'idry Tor not more than two years
OF both hne and imprisonment
Crosby Discharged.
George II. Crosby former assistant
freight traffic manager of the Cbicago
burlington and Quincy railroad. who was
charged with conspiring with Thomas and
1hggart to pay concessions, was discharged
by Judge Mcpherson. The court sustained
demurrer, presented by Judge O. M.
spencer OF St Joseph. general solicitor of
'he railway. who contended that no evil
oehee had been presented to connect Crosby
with the alleged conspiracy
The Armour Packing Company. Swift A.
Co. Cudahy & Co. and the Nelson
Morris Packing Company were tried
Jointly and convicted on the charge of ac-
cepting concessions from the Burlington
IalToad' In connection with connecting
INES, on packing house products for export
via New York
The Burlington Railroad Companv was
convicted on four counts OF grantlns con-
cessions to the packing companies OF
Armour. Swift Cudahy and Nelson Norris
Inc penalty provided in the case OF the
packers and the Burlington involves a fine
OF from $1,000 to $4,000 on each count but
not imprisonment
Cases Dismissed.
The cases Of the Chicago. Milwaukee and
ST. Paul and the Chicago and Alton rail-
road companies, charged with Offering con-
eesslons. and d. H Kresky. a freight
broker Of Kansas City, charged with con-
spring to secure concessions from these
railways. were dismissed upon the s,1g-
Sestion OF District Attorney Van Valken-
burgh. who stated that he believed the
railroads had In this case been imposed
upon. As the case against Kresky was
predlcated upon that against the railroads
II was useless to try him.
In the case OF the Chicago and Alton
Railway Company and j. N Faithorn
It's former vice president, and F. A Wann
ats former assistant traffic manager
charged with having given concessions to
the Schwarzschild and Sulzbcrger Packing
Company the defendants set up plea Of
Immunity upon the ground that some of
their employees had testified before fed
eral grand jury at Chicago concerning the
same transactions for which they later
We're indicted at Kansas City.
Judge Mcpherson sustained the govern
meutS demurrer TO this plea, but contin-
ued the cases over until next fall when