The daily morning journal and courier., 1906-03-22
PACKERS ESCAPE TRIAL
 ON CRIMINAL CHARGE
IMPORTANT DECISION HANDED DOWNIN CHICAGO YESTERDAY.

Individuals to Go Free but the Indict-
 ments Against the Corporations, of
 Which Some of the Indicted PacIres
 Are Members and Others Employees,
 Are to Stand-At Least 1900 Witt
 nesses to be Heard i'm Trial of Cor
 pOrations
 Chicago, March 21.-- All the meat packers who were indicted by feder- al grand jury last summer on charges of conspiracy in restraint of interstate trade and commerce to-day were 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 packers are members and others are employees, are to stand.
 A decision to this effect was handed down to-day by Judge otis J. Humph- rey in the United States district court. Judge Humphrey reviewed the case at length and concluded as fol- lows:
 Under the law in this case, the im- munity pleas filed by the defendants will be sustained as to the individuals, and denied to the corporations, and the jury will find in favor of the govern ment as far as the corporations are concerned and against the government as far as the individuals are concern ed"
 During the rendition of the decision the court room was crowded by de- fendants and numerous spectators. Ed ward Morris and Edward Swift were in court. J. Ogden Armour was not present, but some men prominent in Armour &S Co.,, who were under indict- ment, were on hand. When the judge announced that the indictment would not lie against the mthe defendants crowded together and commenced shak- ing hands.
 The jurors, who had been excluded from the court room during the argu- ments made in the case, returned a verdict in accordance with the direc- tions of the court.
 Immediately following the dismissal of the jury District Attorney Morrison raised the question of the date for the trial of the corporations. He asked that the case be set for trial and that it commence within two weeks. This met with protest from the attorneys for the packers who Insisted that they would be unable to prepare for the case before fall, pleading the number of wit nesses which it would be necessary to bring to Chicago, the strain of the pres ent trial and various other reasons.
 After some discussion Judge Humph- rey directed that the lawyers agree among themselves on date and notify him of their decision next week, It is expected that the total number of wit nesses in this trial when it begins will number at least 1,600.
 Part of Judge Humphreys decision follows:
 "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 to furnish evidence concern ing the matter in the indictment and, under the law, such furnishing of evil dence gives them immunity. The law under consideration, for the construc- tion 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 off, eials charged with the execution of the laws, remedial legislation"
 The individuals who go free under the decision are J. ogden ArmoIr, Ed ward Morris, Charles W. Armour, Ira N Morris, Louis s. Swift, Edward F. Swift, Charles N Swift, Edward Cud- ahy Arthur Meeke, T. J. Connors, P. A, Valentine, A. H. Veeder, Arthur F. Ev- ans, l. A. Carton, Robert c. McManus and D. D. Hartwell.
 The corporations which must stand trial are the Armour Packing company, Armour & Co.,. Cudahy Packing com pany, Fairbank Canning company and Swift & Co.