The Oskaloosa herald., 1907-09-05
ALTON IMMUNITY
MAY Be REFUSED
JUDGE Lands PosrPoNEs THE
CASE FOR THREE WEEKS.
ACTION is A SURPRISE
District Attorney Sims Asks Delay
Because of the Recent Dis
covery Of New
Facts.

Chicago, Sept. 4.-The granting OF
denying of an Immunity bath" to the
Chicago & Alton railway in consider
alton of the testimony of its officials
in the recent $29 ,24O, 900 Standard Oil
company case was again postponed In
Judge Landis' court Tuesday. Definite
action was promised three weeks from
to-day, and the grand jury summoned
to hear evidence against the railway
growing out of the Standard Oil hear
ing was instructed to, take another re-
cess and to report again In Judge Lam
dis courtroom at ten a. m. Sept. "a.
Action Comes az Surprise.
The action was taken in compliance
with formal motion by District At
torney Edwin w. Sims. 1t proved a
complete surprise. Attorneys who are
conversant with federal court affairs
attaches of the United States courts
and other offices in the federal build
ing expected that when the grand jury
reconvened In Judge Lands court
Tuesday there would be Something
doing" II they were not charged and
sent to their deliberations on the re-
batting testified to in the Standard Oil
trial, or If they were not discharged
and the Alton granted immunity, 1t
was at least expected that there would
be some fireworks" in court.
Lands May Stand Pat.
The general impression prevailed
that n;otriot Attornax, Gi,,o. ,,aiou a.,
structions from Washington, favored
keeping the alleged promise of the gov
ernment not to prosecute the Alton as
consideration for the testimony of
its officials against the Standard Oil
company. Also the impression pre-
vailed that Judge Lands would refuse
ito staHd for the immunity bath"
The immediate results OF Attorney
Sims motion with its accompanying
statement that new facts and oircum-
stances had been discovered was to
puzzle those in touch with the case.
During the morning Attorney General
Bonaparte's attitude and his supposed
instructions to District Attorney Sims
had become known in quiet manner.
The attorney general had sent letter
to Mr.. Sims which the latter expected
to read in court preparatory to making
a motion in the case.
Quick Change In Plan.
Only 80 minutes before court con-
yened, according to District Attorney
Sims, he changed his mind and de-
nfHnd dnfnffn1ty 10 oh N 1nIa
This was owing to the recent discov-
cry of new facts that in his judgment
must be referred to the department Of
justice at Washington before the TAX
ing of definite action, Mr. Sims said
after the court proceedings were over.
To the court he youchsafed no e1plana-
ton of his action other than a short
statement In which he said new things
had come up.
Judge Lands decision came as
somewhat Of a surprise to the railroad
company's lawyers, who were assem-
bled in court.
When the regular court routine bust
ness was finished Judge Lands point.
ed to District Attorney Sims and said
Are you here on matter before
this court?"
Mr.. Sims arose and said: II am
here in the matter of the special grand
jury, called by your honor l wish to
make motion for postponement.
important Matter" Up.
81 had hoped to be able to present
evidence before the grand Jury and
your honor to-day, but important mat
tiers of which had no knowledge have
come up and l must ask for a post
ponement of from three to four
weeks"
Judge Lands then asked Mr.. Sims
what was the least time in which he
could conduct his investigation. Mr..
Sims said two weeks. Judge Lands
then turned to his baliff and said:
rs the grand jury in the room?"
Upon being told that 1t was the
court said:
LET the members Of the grand Jury
be notified that they may take a re-
cess until ten o'clock the morning OF
Sept. 24'