The Black Hills union and western stock review. [volume] (Rapid City, S.D.) 1904-19??, 1906-03-23
ALL THE PACKERS
GRANTED Immunity
The Individuals Are Freed But
Indictments Found Against
the Corporations.
THESE ARE TO STAND
All the Evidence, 1t Wa. Found, That
Had Been Given to Garfield was
Compulsory on Part of the EN-.
ployes and Managers.

trade and commerce were yesterday
granted immunity from criminal pros
ecuton under the Indictment. While
the individuals are to go free, the In
dictments found against the corpora
tions, of which some Of the indicted
individuals are members and others are
employees, are to stand.
A decision to the above effect was
handed down yesterday afternoon by
Judge j. Otis Humphrey in the dis
trlct court.
Arguments in the case We're con-
Guided shortly after o'clock. Judge
Humphrey soon commenced the deliv-
the judge spoke for nearly an hour
before giving the slightest indication
of what the ultimate decision would
be.
Sustained as to individuals.
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 i'm
munity pleas filed by the defendants
will 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 corporations are concerned. and
against the government as far as the
INDIVIDUALS are, concerned.
During the rendition of the decision
the court room was crowded by the
defendants and numerous spectators.
Edward 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 prominent men In the
employ Of Armour & Co., who We're
named in the indictments, We're there
and their low pra9t WhRN the
Judge announced that the indictments
would not lie against them, they
crowded together and commenced to
shake hands in mutual congratula-
tons. The attorneys for the defense
were also highly pleased. and when
shook hands all around and fastened
to the jury box to shake hands with
the jurors who had been excluded from
the court room during all of the argu-
ments made in the case, and rendered
a verdict In accordance with the di-
rections Of the court.
Morrison Was Stunned.
District Attorney Morrison, who has
handled the case alone with the ex-
ception of the arguments by Attor-
ney General Moody, sat with bowed
phrey had concluded, and then went
over to the jury box and shook hands
with the jurors.
Immediately after dismissal of the
Jury, District Attorney Morrision raised
the question of the date for the trial
of the corporations. He asked that the
case be set for trial and that it COM
lnence within two weeks. This met
with a storm of protest from the at
torneys of the packers, who insisted
that they would be unable to prepare
for 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.
Judge Humphrey directed that the
lawyers agree among themselves on
date and notify him of their decision
next week. 1t is expected that the to-
tai number of witnesses in this trial,
when it begins. will be at least 1900
The attorneys for the packers declared
today when asking for a postponement
Of the trial that their witnesses would
number 1900, and the government has
already said that it would have 100 or
more.
The court proceedings for the day
We're commenced by the argument OF
Attorney John S. Miller, who had
waived u portion of his time in favor
of Attorney General Moody. He secuted
the contentious of the attorney general
saying it was evident to the most cas-
ual reader of the interstate commerce
law that no distinction existed in that
act between evidence given voluntarily
or evidence given under compulsion
He declared that there could not be the
slightest doubt but that the defendants
In the present case We're entitled to
immunity.
He said eff the commission desires
to investigate a railroad and sends a
letter to the president of the road and
he comes in. the subpoena was only
necessary to summon witnesses who
We're not attaches of the common car
rier."
rs there any question that under
those circumstances that a man gets
immunity?" asked Judge Humphrey.
Il think not" replied Attorney Miller.
II believe that question was involved
in the Santa Fe rebate case in which
Paul Morton was involved"
Judge Humphreys Decision.
Attorney Miller concluded his argu-
Judge Humphrey shortly after com
menced speaking from the bench an
nouncing his decision. Part of the de-
cision was as follows:
The defendants are indicted under the
Sherman act, charged with conspiracy in
restraint Of trade. They have pleaded that
as to them that act should be suspended
because they had been compelled 10 fur
n1Sh evidence concerning the matter in the
indie tment, and under the law such furn-
ishing of evidence gives them immunity
The law under consideration for the con-
sideration of which the court Is called
upon to decide Is the commerce and labor
act. 1t is clear that the primary purpose
of this act was to enable congress to pro-
vide. through the channel of officials
charged with the execution Of laws rene
dial legislation. The act is a substitute
for one of the most cherished rights of the
American citizen. which is the right to re-
main silent when questioned about any
subject, the answer to which might in
crimtnate him. 1t is conceded that the
privilege conferred by an amendment to
the constitution cannot be taken from the
citizen without giving to him something
equally valuable in return.
The privilege Of the amendment permits
a refusal to answer a question relating to
the offense. The privilege must be claimed
by the witness a. the time. The immunity
flows to the witness without any claim on
his part
1t is contcnded that the defendants in
this case were volunteers, but they haggled
with Garfield at times, debated, resisted,
gave less than he asked and withheld some
things, The record does show that but
the fact remains that every approach was
made by the government. Garfield made
his demands and it does not to my mind
destroy the character OF the compulsion
under which they acted that the defend