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

ants, after having considered the law ant
ss .sf hfyln y, decided thst they had
H. i hope of asuc T.1 h in
to take something less than he Originally
d den, Garfield came to the defend.
az II. and held Hp before them the
volunteer anything. Now since tho dc.
fnl,dants volunteered nothing. but gars
only what was demanded BY an office,
and gave 1t IN good faith under a scnsr OF
legal compuleion, I 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 noth-
ing to what had been adduced by way
OF argument on that subject. but was
clearly OF the opinion that the bcs,
Judgment to be had from all the au-
thorities Is that the subpoena la u
useless and superficial thing after the
parties are toEether
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
Will not make any record now In re-
Sd1u W lie UlOllOi6 IOr new lrlOlS OF
an appeal. l 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 tho YER
dict" said Attorney Miller, land
make formal motion that tho defend
ants, the individuals, be discharged"
THAT is allowed said Judge Hum
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
snying: Il am satisfied
Attorney Morrison said "Of course
have no criticism to offer. 1 have
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 new tria
Will be made later"
The individuals who are to go free
are:
Charles w. Armour, Ira N. Morris,
Louis N. Swift, Edward F. Swift.
Arthur Meeker, 7. ]. Connors. p. A.
Valentine. "A, II. Veeder, Arthur f.
Evans, l.. A. Carten. Robert C. Nc.
Manus and D. e. Hartwel.
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 i'd
vanced by the packers, concluding his
arguments just In time to allow him to
take a train for Washington. He de-
clared that the pleas of the packers
were not we'll founded and that they
cause they had given their evidence OF
their own free 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 Commissioners 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.
Al variance Win immunity SNCl.
The attorney general declared that
the statements of Attorney John S.
Miller, who represents Armour & Co.
in the case We're utterly at variance
with the terms of the immunity act.
The attorney general said:
Mr. Miller said in his argument that !!
a man committed a crime in the posta,
service and went voluntarily to the proper
person and made confessions he would be
entitled to immunity II tie law gave I'M
munity.
Let us see where that most extraor.
binary claim leads to-. 1t is. a great dis
covery of my learned friend for which UNI
counted generations Of captains OF indus
come the -tltruria to which they can report
for the partlon of their offenses 1t will be
much easier instead of running away from
a subpoena to run towards the government
government agent. Anybody in this land
who is now seeking to avoid the service OF
subpoena, will thank my learned friend
for giving him very much shorter road
to travel. Washington, under such cir
cumstances, would become great resort,
not only in winter, but in summer. All the
people who are violating the laws of the
land may go there at intervals and obtain
their immunity. All they have to do it tc
go there In obedience to the compulsion
The law is license to commit crime.
Now, 1 fancy these gentlemen gathering
there. can fancy Mr.: Swift and Mr.. Ar
HOuI anu tuelT HeGtllB Ill WuSHlnBlO
with some other great magnate who has
been there and has been washed in what
may call 'Miller's bath" l can imagine
them meeting and saying. Good morning.
Mr. Rockefeller. have you had your immu-
nifty bath this morning." Look at the
absurdity 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 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 S0,000,000 people Of this land.
have the solution Of this question, and
1 leave it with confidence to YOU