Los Angeles herald., 1906-06-23

who coutended that no evidence had
been presented to connect Crosby with
the alleged conspiracy.
Packers Tried Jointly
The Armour Packing company Swift
& Co, Cudahy q Co., and the Nelson
Morris Packing company were tried
Jointly and convicted on the charge OF
accepting concessions from the Bur-
lington railroad In connection with
connecting lines on packing house
products for export via New York.
The Burlington Railroad company
was convicted on four counts Of grant
ing concessions to the packing COM
panies Of Armour, Swift, Cudahy and
Nelson Morris. The penalty provided in
the case of the packers and the Burling-
ton involves fine OF from $1,000 to $780,
900 on each count, but not imprison-
ment.
The cases Of the Chicago, Milwaukee
e. st. Paul and the Chicago & Alton
Railway companies, charged with Offer
ing concessions, and II. u. Kresky, a
freight broker Of Kansas City, charged
with conspiring to secure concessions
firm these railways, were dismissed upon
the suggestion of District Attorney Van
Nalkenburgh, who stated that he be-
lleved the railways i'm this case had
been imposed upon.
AS the case against Kresky was pre-
dicated upon that against the railways,
it was useless to try him.
Sets Up Immunity Plea
In the case Of the Chicago e. Alton
Railway company and ]. N. Faithorn,
its former ce-president, and f. A.
Wann, a former assista- traffic man
ager, charged with having given con-
cessions to the Schwarzschild & Sulz-
berger Packing company, the defendant
set up plea of immunity on the
ground that some of their employees
had testified before a federal grand
jury at Chicago concerning the same
transactions for which they later were
indicted at Kansas City.
Judge Mcpherson sustained the gov
ernment's demurrer TO this plea, but
continued the cases over until next
fall when the similar case at Chicago
will probably have been disposed of.
The Alton case is distinct from that
in which Kresky was concerned.
Judge o. M. Spencer of st. Joseph,
general counsel Of the Burlington rail-
way, and as one of the counsel for
Thomas and Ta6gart, before sentence
was passed upon the defendants, made
a presentation of the cases to the court,
in the course Of which he said:
"Any anxiety I may -eel lest too
severe a punishment be imposed on
these defendants does not grow out of
any facts in evidence in the case but
rests on considerations entirely out
side the record
"Publc Mind Disturbed"
There is now a disturbe, condition
of the public mind in general and
while Speaker Cannon in his recent
article assures 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 prosperity so much as it
does just now
For two weeks we have ,,een trying
cases in this honorable court, the mag
nitude and Importance of which would
have been common but for the worked
up condition of the public mind by
reports of performances in Washing
ton, such as the rate bill, the meat
inspection bill, and civers other sub
jects, including CRAFTS, trusts and oil
combines.
1.-The announcement is sent abroad by
the department of Justice at Wash
ton that unless some one is sent to the
penitentiary this rebate practice will
not stop.
"If the conspiracy statute applies to
any one form of rebates and conces-
sions, it likewise applies to all forms
of rebates and concessions, and the
courts cannot be used to punish one
wrongdoer in one way and another
in a different way for the same Of
fense.
"There have hean fhree trials in this