Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1906-06-22

nave been disposed o. This Alton casa
Is distinct from that IN which Kreskv
was concerned.
JUDGE sPENCER's STATEMENT.
Judge O. NJ Spencer OF ST. Joseph
seneIul counsellor of The Burlington
IalINay' ana az one NJ the counsel for
IhoInAs and Taggau before sentence
vas passed upon ihe defendants. made
PIeseIlld'lon ni The cases To the
NvuIt' IN the course ut which he said.
ANY anxiety J may feel lest too se-
scre a punishment Doe imposed ON these
1elehash's does NOT grow out of any
lacts III evidence in the case bur rests
record.
There is DOW a disturbed condition
VI the public mind in general and
/ ".lr 'prah'I iinuoa ln bis recent
I aluele' assures ms that the rountr,a
/ Nas never so prosperous ms now. he
ulsht wei have added with equal
uuth th'l The country never desired
Cnahge ln ITS tone Of prosperity so
nluCh as % does Just now For two
- VIZ nave been trying cases iu
tlllS honorable court the magnitude and
"upv' 'dI'.e or which would have been
.ull'HI9h uut for the worked up roud.-
WI or me public nina by reports of
.'i"I lhhlces m Washington. such as
'He rue OH. the meat Inspection bin
".lN NV Ia ana other subject. including
gratis trusts and oil combines.
Inc announcement Is sent abroad
10Y lhe DEPARTMENT OF Justice M WASH
iuston thdt unless some one rs sent 10
The penItentiary. this rebate prsetise
VIII not stop.
II the conspiracy statute applies 10 |
any one FORM of rebates and copces- |
sohs, II likewise applies to an forms |
"i rebate and concessions and the |
QUITS cannot be used Ia punish one |
wrong Quer in one way and another i'm /
a different way. for the same offense.
mere have been three trials I'm this /
court this term. in which The defend.
ants have been convicted of giving and |
receiving concessions and rebates Are
YOU gong 10 fine some aud imprison
Others?
President Roosevelt and his gpociaI
counsel split on the Question of how
the prosecution should BE- framed and |
against whom Can the district al.
tofnev justify bis demand Tor greater
punishment In the Thomas and Tag
CART cases than h. Is asking In packers
ana 10 the Burlington cases" n So.
on what ground
Is Il on the ground Of larger sums Of
money No. or different crimes?
no. For both were drfuude ou
.relghts or concessions and your hon.
on has well said, during this trial. there
Is no real distinction The crime Is
me same Ia substance. but the form
OF me Indictment and the name " Inc
crime Is different On the one Instance
Ihau in the other.
Inere is uo justice On pursuing |.
'hese defendants while allowing the /
real Offenders to- csCapc The escape ~
'no criminal % no defense for the /
'ther, but Is 70 not a mOckery ON tus-
ice Tor this great national government
% fit bY ana call one after another :
u these rich merchants. or allow them !
% clear their skirts ~ crime and t.
Prosecution hv telling how their own !
gent AZ their solicitation obtained /
money from the railroad for them An ,
ms TOO, by the consent and on terms
amed by the government There IS /.
M one case IN an the books which
quals II in the miscarriage OF Justice.
ma mat Is the old casd in Massachu-
atts, where the negro man and white :
roman were tried for cohahting-the !,
egro was convicted. while the white y
oman was acquitted by the same !,
curt and jury"
COURTS STATEMENT. q
Judge Mcpherson made q statement !,
the cases before passing judgment. =
which he reviewed the various .,
larees and evidence brought out ut =
BE- trial. In the case of She four back =
* companies. convicted Of receiving | /,
'rCessiouS in accepting a rate OF % =,
'nts hundred pounds "a export shin ~
ents nom the Burlington road. To- a
'tner with connecting lines between =.
he Mississippi river and New York T..
hen the published tariff was IS cents 81