Omaha daily bee., 1906-01-20
PACKERS DEMAND IMMUNITY
Attorney for Indicted Men Wakes s.nsa-
tioAil Speech 10 Court.
SAYS GARFIELD PROMISED EXEMPTION
Commissioner of Corporations Hears
Statements end'Makes Notes, but
Declines to ne Quoted
on subject.

paCNeie dIIdlgned the government Sharply
today for the policy they declared it had,
through Commissioned Of Corporations Gar
field, pursued in the investigation of the
charges made against the packers At
torney John s. Miller OF this city, who
made the opening statement for the pack
ers. declared that Commissioner Garfield
had declared in THE presence OF witnesses
that if.he was allowed to obtain evidence
from the books OF the packers he would
consider the evidence so gained to be the
same as If It had been developed before him
In q formal hearing. He declared that he
would prove this by Commissioner Garfield
himself IL the commissioner Swould take
the stand
Mr.. Miller contended that under a proper
construction OF the law there could be no
doubt that the packers were entitled to
immunity because of their action in turn
ing over to the commissioner all the In
forrna tion which he sought.
Commissioner Garfield would make no
comment on the remarks OF Attorney Mil
Ter declaring that he might be a witness
in the case later on, and that 1t would not
be proper for him to discuss the case before
he was called to the stand.
Miller Causes, = Sensation.
Attorney John s. Miller, speaking for the
packers. continued his preliminary state
ment in the United States court this morn
ing. He caused something OF a sensation at
the commencement of his remarks by stating
that he would prove by the admission of
Corporation Commissioner Garfield while on
the stand, that the packers in this case are
entitled to immunity from prosecution He
declared further that last March Com
missioner Garfield declared that he would
! 81 ba hx,
agents, in the Offices of the packers, as If
they had been developed before him per-
sonally and had been presented in his pycs-
ence at a formal hearing.
Commissioner Garfield, who was in the
court room when the statements were made
by the attorney, began writing rapidly on
a pad of paper, taking notes of the state
ments made by Mr. Miller.
Mr.. Miller said in opening his speech:
A meeting was held at the Chicago club
IL this city. on APR April 1S' 300 6e1 ,eSe9
and Samuel Roberts. The. question arose
as to the relations to exist between Com
| missioner Garfield and the packers, IL the
OF privacy. Mr.. Garfield said that the
| question of what the government was
not entitled to- Ss % wGT5 sete p
| He said that. he. desired to conduct an
| Investigation but without violating any
gested that he might advise the packers
who were his clients to resist the rlght OF OF
the to Ba6bts s ra
| to ask the packers not to contest the mat
| ter The question then arose as TO the
i how IN. W work Of The agents Of the com
| missioner would be considered. Comlnis-
sioner Garfield replied that the inior,na-
| tion would be the same as II the ocfen-
darts dan had testified before him person
ally.
The attorney then contended that urder
the law although the packers were not
sworn; and iuIwas the order of Commits
sioner Garfield THAT they should not be-
the evidencessof the men was no less
evidence and within the immunity law.
| Attorney Miller concluded his address at
noon and was followed by Attorney
George W. Brown. also for the packers.
/ GARFIELD Declines to Talk.
At the noon recess OF the court Commits
sioner GARFIELD was asked II lie would
make statement concerning the remarks
of Attorney Miller and replied:
II would rather not talk OF the matter.
am witness in this case and do not
| care TO discuss Il before l am called. I
do not care to say whether l can explain
this matter or not"
| Attorney Brown, In opening, referred to
the magnitude Of the business done by the
packers and their right to have in Chi
cago. which he called the stock center
of the world" right to protection.
District Attorney Morrison offered an OBJ
! lection to this. 1T seems to me-" he said,
that they are going clear out of this
case"
You may, go on" said Judge Hum
phrey.
Mr.. Brown then entered upon a descrip-
ton OF the business OF the packers and
of the stock yards He went at great
| length into the details OF the investigation
conducted by Commissioner Garfield.
Attorney Brown continued his state
ment until the adjournment of court He
! followed much the same lines OF argument
as was pursued by Attorney Miller, de-
ciaring that the promises he declared were
made by Commissioner Garfield were In
| themselves under the law protection for
/ the indictments.
! At the conclusion OF the day an adjourn
ment was taken until Monday morning,
when the attorneys for the packers will
continue their statements.
| DIAMONDs-Edholm, 18th and Harvey.