Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-03-20
THE PACKERS HEARING
ATTORNEY GENERAL MOODY'S
CLOSING ARGUMENT.

Attorney General Moody commenced the
closing arguments of the government in the
hearing before the federal court at Chicago
of the immunity pleas advanced by the
meat packers. The court room was filed
to the doors with attorneys anxious to hear
the argument of the Attorney General.
In opening the argument the Attorney
General declared that the eyes of the whole
of the United States We're directed to the
court room in which the present hearing
was held. and asserted that the government
Of the United States was far too much In
earnest IN the present case to pursue as
the attorneys for the packers have init
mated. senseless creation of the law. He
declared that if wrong had been committed
the government was seeking the punish
ment not of a corporation, but of the living,
breathing human beings who committed the
wrong.
Explained His Appearance.
The government and the people of the
United States, he declared, would be salts
fed with nothing less than that. He de
clared that his appearance at the bar of
the court was unusual. and almost unprece-
dented, but the law gave him the right to
appear, and after much elaboration he be-
neved It to be his duty to appear. The
Justification for his action he said would
be found not only in the Importance of the
present case, but also In the fact that If i'm
munity be conferred on the defendants on
the ground of which it has been asked, It
would overthrow the legal interpretations
Of the government for almost twenty years
and would especially cripple the government
in its attempts to enforce the laws of the
land.
Taking I'D the subject matter Of his ar
gument, the Attorney General said:
Il speak under a deep sense of personal
feeling because of these prosecutions all
he Not long a
newspaper in New York furnished data con-
corning the Offering of rebates IN the sugar
refining business. Out of this charges have
grown against the railroads and some
others They are now being heard by a
grand jury. and so 1 am not at liberty TO
say whether they are true or not Rebates,
It is charged, amounting TO hundreds OF
thousands of dollars were given The sugar
men went to the railroads and got club
with which they dubbed the farmers of this
country into submission, so that the sugar
trust may take their property. If the con-
tentions in this case are true these rail-
roads are then immune.
Position of Defendants.
''These defendants seem to have strange
aversion to the hearing of any evidence or
any testimony on their guilt. They plead
that they are not guilty, In answer to the
Indictment. They do not say here that they
are not guilty, but they do say guilty or
not, each of them has received pardon. 1t
is the claim of each one of these defend
ants. separately. that he is to have a par
don, and upon each one OF them rests the
burden of proof They cannot dump all of
the evidence and all of their names into
basket and then claim immunity for every
one.
After reciting the facts In the filing of the
pleas of immunity and declaring that they
were plainly afterthought on the part
of defendants, the Attorney General con-
tinued:
Each one of these defendants must show
that he was compelled to give evidence
against himself with regard to the offense
charged against him in this indictment. 1t
Is my understanding that the privilege of
the witness and the immunity of the wit
ness Is personal to himself. He is pro-
tected from producing any evidence or CIV
ing any testimony that might incriminate
him. He can take advantage OF the privi-
lege OF no other person, whether that be an
individual or a corporation. 1t is not
question OF whose property the incriminat-
ing evidence may be, If 1t is evidence con-
sisting of books or documents If have In
my possession book containing an entry
verified by my initials which incrfminates
me, all the powers OF the government can
is my personal right under the Constitution
not to be compelled to give evidence against
myself"
Absence of Compulsion.
Attorney Miller. representing Armour Il
Co, asked
'"rhey could compel you to give 1t UP.
could they not il they did not put You un-
der oath?'
''Of course, they could not replied At
torney General Moody. because / would
not give 1t up / do not require Consti-
hold on to IL until am brought by proc