The Oskaloosa herald. (Oskaloosa, Mahaska County, Iowa) 1885-1919, 1907-09-05
ALTON IMMUNITY
MAY Be REFUSED
JUDGE Lands PosTPoNEs THE
CASE FOR THREE WEEKS.
ACTION is A SURPRISE
District Attorney Sims Asks Delay
Because Of the Recent Dis
covery Of New
Facts.

dCIAs
Chicago, Sept. 4-The granting or
denying of an Immunity bath" to the
Chicago & Alton railway in consider
alton of the testimony of its officials
in the recent 500 100000 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 Ian
dis courtroom at ten q. m. Sept. "a.
Action Comes as Surprise.
The action was taken in compliance
with a 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 Landls court
Tuesday there would be something
doing" If they we're 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, II
was at least expected that there would
be some fireworks" in court.
Lands May Stand Pat.
Tho 4,,,,, IaI
that District Attorney Sims, under In
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 Landis would refuse
ito staRd for the immunity bath"
The immediate results OF Attorney
Sims motion with Its accompanying
statement that new facts and circum-
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 a letter
to Mr.. Sims which the latter expected
to read In court preparatory to making
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-
cided definitely to ask for a delay.
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 vouchsafed no explana-
tion of his action other than a short
statement in which he said new things
had come up.
Judge Landis' 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
ters Of which had no knowledge have
come up and / 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:
"Is the grand jury in the room?"
Upon being told that It was the
court said:
"Let the members of the grand Jury
be notified that they may take re-
cess until ten o'clock the morning of
Sent, "a"