The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-03-22

grand jury last summer upon charges
OF being in conspiracy in restraint of
trade and commerce were today grant
ed immunity from criminal prosecution
under the indictment. While the indi-
viduals are to go free. the indictments
found against the corporations, of
which some Of the indicted individuals
are members and other are employees,
are to stand.
The decision to the above effect was
handed down this afternoon by Judge
J. Otis Humphrey in the United States
district count.
Ready With His Opinion,
The arguments in the case were con-
cluded shortly after o'clock and
Judge Humphrey at once commenced
the delivery of his opinion. 1t was oral
and the judge spoke for nearly an
hour before giving the slightest indi-
cation of what the ultimate decision
would be. He reviewed the case at
length in all its bearings, cited all the
essential facts which had been brought
out, and concluded as follows:
Under the law in this case the IN
munity pleas filed by the defendants
viii be sustained as to the individuals
and denied as to the corporations, the
artificial persons, and the jury will find
in favor of the government as far as
the the corporations are concerned,
and against the government as far as
the individuals are concerned"
Great Joy of the hackers,
During the rendition of the decision
the court was crowded by the defend
ants and numerous spectators. Ed
ward Morris and Edward 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 & Co. who were among the
indicted, were there, and their joy was
great.
When the Judge announced that the
Indictments would not lie against them
they crowded together and commenced
to shake hands in mutual cOngratula-
\ tion. The attorneys for the defend
Aants were also highly pleased. and
kyhen the decision had been announced
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 made in the case,
and who returned a verdict in accord
anee with the derictions of the court
Morrison Sat With Bowed Head,
District Attorney Morrison, who was
in charge of the case for the govern
ment. with the exception of the argu-
ments by Attorney General Moody, sat
with bowed head for a short tin,e after
Judge Humphrey had concluded, and
then walked over to the jury box and
also shook hands with the jurors.
Immediately following the dismissal
of the jury District Attorney Morrison
raised the question of the date for the
- L Il
that the case be set for trial and It
commence within two weeks. This met
with a storm OF protest from the attor-
neys for the packers. who insisted that
they would be unable to prepare Tor
the case before the fall of the year,
pleading the number of witnesses
which IT would be necessary to bring
TO Chicago. the strain of the present
trial and various other reasons
Hundreds of Witnesses,
After some discussion. Judge Hum
phrey directed that the lawyers agree
among themselves upon a date and
notify him Of their decision next week,
It is expected the total number of wit
nesses in this trial when 1t begins will
number at least 500. The attorneys
for the packers declared today, when
asking for pOstpOnement of the trial.
that their witnesses would number
1.50O, and the government has already
said that it 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 scout
&c the contentious Of the attorney gen
eral. saying that 1t was evident TO the
most casual reader of the interstate
commerce law that no distinction eX-
CT not
given voluntarily and evidence given
under cOmpulsion- He declared that
there could not be the slightest doubt
that the defendants in the present case
were entitled to immunity.
Decision in Full,
Attorney Miller concluded his argu-
ment shortly after 3 o'clock, and Judge
Humphrey at once commenced speak
Tug from the bench, announcing his de-
clsion. Part Of the decision was as fol-
lows:
The defendants are indicted under
the Sherman act charged with a con-
spiracy in restraint of trade They
have pleaded that as TO them that act
should be suspended because they were
compelled 10 furnish evidence concern
ing the matter in the indictment, and
under the law such furnishing of owl
dence gives them immunity. The law
UnueE cOhSiIeidl4Otl- TOT tle cOnSIfuc-
ton of which the court is called upon
to decide, is the commerce and labor
act. It is clear that the primary pur-
pose of this act was to enable congress
to provide, through the channel of Of
ficiais charged with the execution of
the laws, remedial legislation.
kInk In the Law.
The act is a substitute for one of the
most cherished rights OF the American
citizen. which is the right 10 remain
silent when questioned about any sub
feet the matter to which might incrim-
mate him. It is conceded that the pro-