Omaha daily bee., 1906-02-01
STICKS TO HIS STORY
Edward Norris Continues Testimony in
Packers Trial in Chicago,
cR0SS-ExAMINEO By Mr.. MORRISON
Books 'shown After Receiving Promise of
Immunity from Garfield,
ACTION TAKEN WITH. RELUCTANCE
Witness says Packers at Time Were Under
Injunction to Obey Law.
ONE QUESTION RULED OUT BY COURT
witness Not Required TO Tell
whether There Was Anything
Incriminnting In the
Records.
Books 'shOwn After Receiving Promise of
Immunity from Garfield,
ACTION TAKEN WITH. RELUCTANCE
Witness says Packers at Time Were Under
Injunction to Obey Law.
ONE QUESTION RULED OUT BY COURT

CHICAGO, Jan. 31.-Edward Morris,
treasurer of the Farbank Canning COM
pany; Ira N Morris. his brother, secre-
tary of the same corporation, and Edward
+, Swift, wee president of Swift and Com
pany. were the only witnesses examined
In the hearing of the packers case today.
The direct examination of Edward Nor
ris was almost concluded yesterday and
he was cross-examined today at consider
able length by Attorney Morrison. lie was
asked IL there was anything In the books
OF his company which might have con-
victed him of violation of an Injunction
issued some time previous to the Garfield
investigation by Judge Grosscup OF the fed
eral bench in this city, en1oining the pack
ers from combining in restraint of trade,
but the court declared that he could not
be required to answer the question
Ira N. Morris and Edward Swift de-
clared that they had been assured by Com
missioner Garfield that none of the in
formation he received from them would be
turned over to the Department of Justice
A greater part of the day taken up
by the arguments of the attorneys to
the propriety OF questions asked the wit
nesses.
Testimony I'm Detail.
Edward Morris, vice president Of the
Fairbank Canning company, took the
stand again when the packers case
was opened today. He testified to
some small matters on direct examina-
ton and was turned over to District At
torney Morrison for cross-examination
Witness admitted that he was a director
of the National Packing company.
Did Mr.. Garfield's report show any of
the profits and losses of your company,
the Fairbank?''
mo, 1t did not"
when you first met Commissioner Gar
field, why did you not tell him at once
that he could examine your books? You
knew he had the power to compel it,
81 wanted to consult with my attorney
and report the interview to him"
why were you not willing to turn the
books over?'
II didn't want to do 1t unless l had to
do It. There was an Injunction against
US" s-.g., -.a.s~ "a. -si,s4 ga .-r-
This reply Of the witness referred to the
Injunction issued by Judge Grosscup OF
the federal court. which, in effect, enjoined
the packers from combining in restraint
of trade.
WAS there anything in those books TO
show you had violated that injunction?"
chorus of objections greeted this ques-
tion.
''Ie said that he did not want to give
UP these books" said the district attorney,
'and want to know if there is anything
In them which might incriminate him."
Judge Humphrey ruled against the ques-
tion, declaring that the present case is 50
closely allied to a criminal case that great
advantage might be taken in the main case
from the testimony secured in the present
hearing.
Mir. Morris testified that he had allowed
the inspection OF the books of the Fair
bank Canning company on the advice OF
counsel. He had gone to Hot Springs,
Ark. at the time, but gave his brother
power to represent him during his alb
sence. District Attorney Morrison OBJ
jected.
1T makes no difference" he said, who
represented who, or what anybody said
II there is any immunity in this case IL
will come through the law and not through
any person"
The court ruled that the testimony was
proper
The witness was shown Two letters which
ne Identified as acquisitions by the govern
ment upon the Fairbank Canning company
for the examination of its books. He said
lac gave orders that the requests of the
government for the books should be granted
ia every UlSldiltt. liit CIOSS- standardization
which related TO the number of men who
had appeared at the office of the Falrbanb
Canning company to examine the books
for the government. developed nothing new
Edward y. swift ON stand.
Edward r. swift, vice president and
director of swift and Company, followed
lar. Morris Oh the stand.
lie said that he mad consulted with coun
N x.b, h.. oil. inf,,
zion to Commissioner Garfield and that h,
had acted in conformity with that advic,
and had allowed the government 10 inspec
toe books. Mr.. Swift said that when h,
first met Commissioner Garfield the com
missioner said that he presumed Mr.. Swift
knew OF the power OF the commissioner I,
compel Swift and Company to submit il!
books g0g ;nafcc,ion and ,uat he hoped i
would not be necessary to resort to IN,
law Mr. Garfield assured him. he said
that the information given by the packers
would not bc used outside of the ofic,
OF the commissioner OF corporations h,
declared, according To the witness, tina
ne spoke for President Roosevelt and sal,
that il was the policy of the admiuistra
tion 10 protect the packers
misunderstanding arose later" said IN,
witness "between the men in our offic
anu MI bFldhhs AAlN dSfhA OF the govern
mcnt. regarding the scope of the invcstiga
tion The officers OF the company held
conference with Mr.. Durand to settle IN
matter, Mr.. Durand was asked what woul,
be the result II tho Information he hat
called for was denied him. He replied tina
the matter had been fully considered b.
the department OF corporations before com
mencing the inquiry. and while II wa
hoped It would not he necessary To rcsor
10 the law. still the agents of the depart
ment had como to get that information
and would resort TO the law il necessary
A number Of requisitions issued by IN
government upon the firm of Swift an
Company for their hooks were shown t
the witness and he declared that he ha
4 seen them previously and had directed tn
men in the office Of Swift and Company t
honor them.
He asserted that all the intormatio