Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-02-21
THEIR STATEMENTS NOT MADE UNDER OATH
No Threats Were Used to Induce Them
to Show Books,
ONLY FIGURES WERE CONFIDENTIAL
that Statistics from Individual
Plants Would Not Be Given Out,
NO AGREEMENT AS TO IMMUNITY
OhiciRIs of Reef Concerns Were Told
that Information Was for
Use OF the Presi-
dent.


CHICAGO. Feb. 2O.--Comn,issioner OF Cor
porations Garfield took the stand today
in the packers case and denied many OF
the statements made by the witnesses for
the packers during the hearing OF the inn
munty pleas now i'm progress. Edward
Morris, Edward Swift and Arthur Meeker.
representatives respectively OF tho packing
firms of Nelson Morris & Co, Swift and
Company and Armour & Co. all tes-
! tilted that Commissioner GARFIELD had
told them that his department had
| the power to compel information II
they refused to give It willingly Mr..
Garfield today on the stand declared
that he had never made such n
statement. He also denied that he had
ever promised immunity to the packers.
saying that the only protection that had
been promised was protection FOR the in
dividuai packers of their confidential fig
ures This he said had been givon them al
though the average of these confidential
figures had been given in the report of the
commissioner in the beef industry, indi-
viduals had been respected and their names
had not been given. He also denied posi-
lively that he promised that all information
would be regarded confidential He also
denied that he had at any time said any
thing regarding an oath in connection with
the investigation, Mr.. Garfield was the
first witness for the government. the pack
ers having rested their case shortly before
the noon recess OF court today
Exhibits Read to the Jury.
At the opening of the packers case to-
day Attorney Hynes. who represents
the interests of Swift and Company, began
to read exhibits identified earlier In the
trial, such as typewriter statements OF
the conversations between Special Agent
Durand and Edward F. Swift at the time
of the inquiry into the packing industry.
Attorney John g. Miller also read the let
ter of President Roosevelt TO Attorney
General Moody, which was authenticated
some time ago by the attorney general
This is the letter that declared that the
Department of Corporations and the De-
partment of Justice were working together
in the beef investigation. Attorney Gem
eral Moody when In Chicago some time
ago admitted that the letter had been writ
ten by the president. but claimed that
the statement of coilusion between the
two departments was incorrect.
long argument followed on the admis-
ability of President Roosevelts letter to
Attorney General Moody as evidence. Mr.,
Morrison contended that the letter was
imma terial.
The court said:
1t is material in this case to know
whether the matters were turned over to
the Department Of Justice and think the
letter should be admitted as evidence
Attorney Miller then announced that the
packers had no more evidence TO offer and
would rest their case.
Garfield ON the stand.
The government commenced 10 introduce
testimony at the afternoon session of court.
Commissioner of Corporations Garfield be-
ing the first witness.
Commissioner Garfield told of his coming
to Chicago and meeting the packers. his
account of the occurrences and the con-
1 versations not differing in any essential
from those given by the witnesses for the
! packers. He declared, however. that Mr..
, Krauthoff, the attorney who had advised
D Armour & Co. to allow the inspection OF
: their books and plants, told him that he
4 would have considered an inspection by a
D federal officer on the beef business rather
S an advantage than otherwise to the pack
( ers.
He declared that Mr. Krauthon asked
what would be done with the Information
given by the packers and was informed
by the witness that 1t would pc given to
: the president Mr.. Krauthoff asked what
the president would do with II and Com
missioner Garfield declared that he could
not answer that question. out added: Il
told him that OF course the president would
u not make any improper use OF it,"
u did you say that the packers would be
: protected if they gave the information?"
Il did not"
I Did you say that all information would
be strictly confdential?"
c mo. did not"
what did you do with the confidential
information you secured?'
ut was made into averages and given to
the president"
q Individual Figures CONFIDENTIAL.
e The witness added that no confidential
- information other than that averaged and
II contained In his official report had been
= given 10 the president,
Did YOU say anything to Mr Krauthon
about an oath?" asked District Attorney
] Morrison.
mo"
a did you say that you would let them
know about oath?'
Il did not
The witness then told OF meeting Edward
Morris. Edward Swift and Jesse 4. Lyman.
D and declared that his interviews with them
d were similar To the one he had with Mr..
y Krauthoff.
i How did you happen TO come 70 Chi
" cago, February %! asked the district at
: torney.
= Il came here so that the packers might
II see l had used in my report the figures
taken from their books In line with out
% agreement, / wanted them 10 see that
: did not the individual figures on the
y confidential material The witness then
l. said that he submitted his report To the
packers and that they all agreed that la
had made a proper use Of the confidential
, information given TO them.
, Did Not Threaten Norris.
2 Did you ever say 10 Edward Morris tia,
a. your bureau was entirely divorced FROM
any other departmcnts'
Il I'D not use those Wessls. ] said tie
" bureau reported 10 Tho president and Wal
m not under the Department OF Justice"
did you say TO Edward Swift that you
had the power TO compel infoTnlatioH. bu,