Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1906-03-22
Jourt Finds that Individuals We're Com.
PEELED to Furnish Evidence.
ACTION OF GOVERNMENT NOT DETERMINED
Attorney Morrison Will Look Up Hh
Right to Appeal.
GREAT Joy AMONG THE DEFENDANTS
Among Men Affected Arc Edward
Cudahy, J. ogden Armour, Louis F.
swift, Edward Morris, Arthur
Meeker, +. A. Valentine.

! jury last summer upon charges OF being
I'm, conspiracy in restraint OF trade and
commerce were today granted immunity
from criminal prosecution under the indct-
ment. While the individuals are TO go
free the indictments found against the cor.
porations Of which some Of the indictsd
individuals are members and others are
! employees, are to stand.
A decision to the above effect was handed
down this afternoon by Judge j. Otis
Humphrey In the district court. The argu-
ments in the case were concluded shortly
after O'Clock. Judge Humphrey soon
| commenced the delivery OF his opinion.
1t was oral and the Judge spoke for nearly
an hour before giving the slightest inji-
cation of what the ultimate decision would
be- 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 immunity
pleas filed by the defendants will be sus-
tanned as to the individuals and denied as
to the corporations, the artificial persons,
and the jury will find in favor OF the gov
ernment as Tar as the corporations are
concerned and against the government, as
far as the individuals are concerned
During the rendition of the decision the
court was crowded by the defendants and
numerous spectators. Edward Morris and
Edward Swift were in court and both
smiled happily when the decision was an
nounced
JOY Among Defendants.
]. Ogden Armour was not present, but
some OF the men prominent in the en-
ploy of Armour e. Co.. who were named
in the indictment, were there and their
JOY was great When the judge announced
that the indictments would not lie against
them they crowded together and conn
| ,l.lF a..
gratulations. The attorneys for the defense
were also highly pleased, and whom the
decision had been announced they 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 arguments made in the
case, and had rendered verdict in ac-
cordance with the directions of the court.
District Attorney Morrison, who has han
died the case alone with the exception Of
the arguments by Attorney General Moody.
sat with bowed head for a short time after
Judge Humphrey had concluded. and then
walked over to the jury box and also shook
hands with the Jurors.
immediately following the dismissal OF
the jury. District Attorney Morrison raised
the question of the date OF the trial of the
corporations. He asked that the case be
set for trial and that 1t commence within
two weeks. This met with a storm of
protest from the attorneys 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 reasons.
Lawyers to Agree ON Date.
Judge Humphrey directed that the law
yers agree among themselves on date
and notify him of their decision next week.
It is expected that the total number OF
witnesses in this trial when Il begins will
be at least Loo The attorneys for the
packers declared today when asking for
a postponement OF the trial that their witt
nesses would number 1900. and the gov
ernment has already said that It would
have 100 or more.
The court proceedings for the day were
commenced by the argument OF Attorney
John s. Miller who had waived a portion
of his time in favor OF Attorney General
Moody. He secuted the contentious of the
attorney general saying that Il was evil
dent TO the most casual reader OF the in
terstate commerce law that no distinction
, existed in fact between evidence given vol
UNFAIRLY or evidence given under compul-
sion. He declared that there could not
be the slightest doubt but that the de-
to immunity.
Decision of the Court.
Attorney Miller concluded his argument
shortly after o'clock and Judge Hum.
phrey shortly after commenced speaking
from the bench, announcing his decision.
Part OF the decision was as follows;
The defendants are indicted under the
sherman act, Sharged with conspiracy iR
as to them that act should be Suspended
because they should not be compelled to
the Indictment, and under the the law law such
furnishing Of evidence gives them Immunity.
court is called upon To decide Is the COM
nlerce and labor act IL is clear that the
primary purpose Of this act was TO enable
officials charged with the execution OF laws
remedial legislation The act Is substi-
| of the American citizen which is the right
TO remain silent when questioned about any
subject the answer TO which might incfim-
mate him 1t is conceded that the priv
leBe amendment 10 the constitution cannot
be taken from the citizen without return
giving 20 him something equally valuable.
| The privilege OF the amendment permits a
refusal 10 answer a question relating 70 the
oHense. The privilege must be claimed By
the witness at the time. The Immunity
flows 10 the witness without any claim %
Il is contended that the defendants In
this case were volunteers because they hag-
gled with Garfield at times debated, re-
sisted. gave less than he asked and with
held some things. The record does slow
that, but the fact remains that every ep-
proach was made by the government. Gar
field made his demands and II does not 10
my mind destroy the character Of the COM
pulsion under which they acted that the
defendants after having considered the law
and after having decided that they had no
legal right 10 resist, still debated with the
commissioner In the hope Of Inducing him
to take something less than he originally
demanded. Garfield came 20 the defendants
and held up before them the powers OF his
once. They did not 80 10 him and yolJins
teer anything. Now since the defondants
volunteered nothing. but gave oniy what
was demanded by ofiicer who had t3a
, rights TO make the demand ana gave "a
good faith under a sense OF legal cOmpili-
: sion. am of the opinion that they are en-
titled 10 immunity.
Judge Humphrey then entered upon AZ