The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1906-03-23

ants. at,e, having considered the law and
nstsT hfaNns asSaea thst they had
semmissones il the hope ' 81 indnen ing him In
to take something less than he originally
asmonasd aare,d came to the defend
Volunteer anything 81! Now S e. siue &C thu s do
fendants volunteered nothing, but gave
who had the right to make. the demand
and gave 1t IN good faith under q sense OF
legal compuleiol,, 1 am of the opinion that
| thye We're entitled to immunity.
Judge Humphrey then entered up
on an elaborate discussion OF the con-
tention by the government that the
| witnesses did not give under compul-
sion. He said that he could add Moth
ing to what had been adduced by way
OF argument on that subject. but was
Judgment to be had from all the au-
thorities IS that tho subpoena Ia u
useless and superficial thing after the
| parties are tOHethsr
The formal statement declaring in
| favor of the individual defendants was
then made by the court.
Morrison Asks for Time.
immediately following the decision
District Attorney Morrison said: II
|
gard to the motions for new trials or
an appeal. I do not know whether
am entitled to an appeal or not.
shall have to ask time to look 1t up
We ask for Judgment on the ver-
Dict said Attorney Miller, and
ants the individuals. be discharged"
| That is allowed" said Judge Hum
phrey. They are discharged. That
goes in the verdict"
| The attorneys for the packers, al
though plainly showing their pleasure
at the decision. refrained from any
expression of their feeling other thar
saying: II am satisfied"
Attorney Morrison said "Of course
l have no criticism to offer. 1 have
argued the case as I saw the law
and thought that my view was cor,
rect. Somebody always has to be
wrong, and this time l see, at least
have heard that I am wrong. AL
the formal motions for a new tria.
will be made later"
The individuals who are to go free
| are:
]. Ogden Armour Edward Morris,
Charles w. Armour, Ira N. Morris,
Louis N. Swift, Edward +. Swift,
Arthur Meeker. 4. ]. Connors. p. A.
Valentine. A. II. veeder, Arthur F,
Evans, l., A. Carten. Robert c.. Nc.
Manus and D. Z. Hartwell.
The corporations which must stand
trial are:
Armour Packing company, Armour
4 Co., Cudahy Packing company.
Fairbanks Canning company and
Swift & Co.
Attorney Generals Argument.
Chicago March 23.-Attorney General
Moody spoke nearly all OF yesterday in
the hearing OF the immunity pleas ad-
Ia
arguments just In time to allow him to
take a train for Washington. He de-
clared that the pleas of the packers
were not well founded and that they
could not be entitled to immunity be-
cause they had given their evidence OF
their own tree will and had not been
placed on oath nor subjected to compul-
sion Of any kind.
He at times grew very sarcastic in
his references to the statements OF the
attorneys for the defense. who had
claimed that their clients could not be
punished because they had voluntarily
given evidence to Commissioner Car
field.
Attorney Miller. for the defendants,
made brief reply to the attorney gen.
eral before court adjourned for the day.
He will continue his argument through
out the first session Of the court today,
and perhaps longer.
At Variance with Immunity Act.
The attorney general declared that
the statements of Attorney John S.
Miller, who represents Armour & Co.
in the case, were utterly at variance
with the terms of the immunity act
The attorney general said:
Mr. Miller said in his argument that !!
q man committed crime in the posta
person and made confessions he would be
entitled to immunity II the law gave i'm
munity.
Let us sec where that most extraor.
binary claim leads to- 1t is 4 great dis
covery of my learned friend for which UNI
counted generations of captains OF indus
come the Atruria to which they can report
for the pardon of their offenses. 1t will be
much easier instead of running away from
a subpoena to run towards the government
agency and serve a confession upon the
government agent Anybody in this land
who is now seeking to avoid the service of
for giving him very much shorter road
to travel. Washington, under such cir
cumstances, would become a great resort
not only In winter but in Az the
land may go there at intervals and obtain
their immunity. All they have to do it TIC
go there In obedience to the compulsion
Of the law. They can do 1t at intervals.
The law is a license to commit crime
Now. I fancy these gentlemen gathering
there ! can fancy Mr. Swift and Mr.. Ar
with some other great magnate who has
been there and has been washed in what
may call "Millers bath" l can imagine
them meeting and saying. Good morning.
Mr.. Rockefeller. have you had your immu-
nifty bath this morning." Look at the
aDsurdity of the thing.
The sarcasm OF the attorney gen.
eral brought out much laughter and
the bailiffs had some trouble in restor-
ing quiet in the court room.
In concluding his address Attorney
General Moody said:
IF on these propositions these de-
PENDANTS escape a trial into the truth of
these charges it will be a calamity to
the government and for these defend
ants I hold for them that they are
innocent until they are proved TO be
guilty. You, Judge Humphrey. alone of
all the S00OO,000 people Of this land.
have the solution of this question, and
l leave it with confidence to you
rnllnu DllrrnA RalloIn