Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-07-15
indict the individuals.

United States district court yesterday
when he gave instruction to the special
July grand Jury impanelled to inquire
into the mysteries" Of the so-called
''beef trus.."
The courts words could be taken 70
mean but one thing-indictment Of
"real offenders with the alias eli1nin-
ated. or nothing at all.''
"It sometimes happens that a person
about to violate the law takes a name
other than his own" said Judge Ian
dis in his charge to the grand Jury. TO
illustrate: John Jones, undertaking to
: counterfeit gold dollars, changes his
name to John Smith, or to the Metals
Fabricating Company, a corporation.
and under that name does the thing
forbidden by law. II your investiga-
tion discloses SUCH a case. do not in
dict mere alias, but follow the trail
wherever 1t may lead until you have
located, identified and pointed out the
real Offenders"
Before sending the grand Jurors to
their room to begin their deliberations,
Judge Lands cautioned ttem against
influences either in favor OF the pack
ers or the government, and told them
to report to him II anybody approached
them for or with Information in the
case either for or against the ''beef
trust"
instructions. to the Juors.
Following Is the substance Of the
instruction given by tho court to the
grand jurors when William II. Barnard
of Ottawa, was appointed foreman:
Gentlemen Of the grand jury, the
oath which has been administered to
you exhibits the solemn character Of
your official duty.
Ybu will appreciate that there is a
double duty cast upon you: one. duty
to society to see that persons against
whom there is Just ground to charge
the commission Of crime shall be held
to answer, and the other, a duty to the
citizen to see that he Is not subjected
to prosecution upon unfounded accusa-
tions inspired by cla1nor or malice.
You will consider only legal evidence,
excluding that which Is mere hearsay
or mere gossip. Subject to this quail
ifcation you will receive all the evil
dence presented, which may throw light
on the subject under inquiry, whether
1t tends to establish the guilt or the in
nocence OF the accused, and If in course
Of your Inquiries you have reason to
believe there is other evidence not pre-
sented within your reach which would
qualify or explain away the charge un-
der estigation you should order such
evidence produced.
Antitrust Law Cited.
''With these general observations, I
direct your attention to the act Of con-
gress, commonly known as the anti
trust law, evidence respecting the al
legged violations Of which, in connection
with the dressed meat industry. will be
laid before you by the legal representa-
tives Of the United States.
'sBy that act every contract, combt-
nation in the form of trust or other
wise, or conspiracy in restraint OF
trade, or commerce among the several
states or with foreign nations, Is de-
clared to be illegal, and it Is provided
that every person who shall make any
such contract or engage in any such
combination or conspiracy, or who shall
monopolize or combine or conspire with
any other person or persons to monop-
olize any part OF such trade or COM
merce shall be deemed guilty of misde-
meanor.
ITO constitute the offense it is not
essential that there should be pur-
pose to completely eliminate competi-
ton. for, as before observed. the stat
ute forbids combination or conspir-
acy designed to restrict it.
Therefore, should it appear that any
persons have by concerted action. re-
sulting from agreement or understand
ing, undertaken to control prices, limit
the output or shipments. divide terri
tory. or destroy competitors, this would
amount to an infraction OF thelaw.
Common Purpose 10 Essential.
"The gist Of the crime is the COM
mon understanding or agreement by
the. parties. to do the thing. And, of
course, by understanding or agreement,
is not necessarily meant a formal writ
ten document. A mere understanding
among the parties to work, or cooper
ate to a common purpose, is all that is
essential, and this may appear. altho
there be no evidence of spoken or
written words between the conspirators
or a meeting OF the conspirators or
their even knowing Of all the plans for
the accomplishment of the result, eth
er in a general way or in detail.
"The nature Of the offense Is such
that first hand information respecting
its commission is rarely obtainable.
Ordinarily IL Is necessary to rely upon
facts anu Se..TTss,::::s:::ss:sce: Se.Tss::::s::sce:, tss :c.s &C
persons accused. to establish a con-
spiracy; thus, II there be several acts.
/, knowingly committed by different
psrsona slthsF stmuateaeonaiy, 0r sue
H. E