The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1910-02-27
Garvan Says He Will Be Reae
sonable in His Methods
of Prosecution
MOTION WILL BE MADE
TO DISSOLVE COMPANY
Mr.. Garvan Says the National Packing
Company Is a Clearing House for
Western Packers Who Pretend
to Keep Up Competition

New York, February 26.-Two weeks will
be allowed the indicted directors of the
National Packing company in which to
appear for pleading to true bill of con-
spiracy found against them yesterday by
the Hudson county grand jury in Jersey
City. Prosecutor Garvan said tonight that
there was no disposition to be unreason-
able in the case. and added that every op-
portunity would be given to the indicted
corporations and their officers to come
into court OF their own free will.
If this opportunity was disregarded
however, or If any disposition was shown
to treat the proceedings with 1evity, as
had been the case in some quarters, he
said he would move with speed and sever
ity.
"Capiases will be issued at once said
Mr.. Garvan, land IL those named in the
papers refuse to answer of their own free
will extradition papers would be issued.
and some men would find themselves in
Hundson county with what perhaps may
be unexpected celerity."
In other words, If on service of the
capiases the individuals indicted fail to
respond bench warrants will be issued
and extradition proceedings will follow,
said Prosecutor Garyan.
The prosecutor said he inclines to the
belief that he has evidence to prove that
the National Packing company, though
not a holding company for the Armour,
Swift and other properties in the state
like the Northern Securities company.
which was adjudged a holding company,
1t is nevertheless by virtue OF its sinfiuen-
tial directorate a clearing house for the
western packers, who thus retain a SEM
blance of competition while In reality
forming close corporation to defraud,
cheat and oppress the public. as charged
In the indictment.
He will move, therefore, for the disso-
luton OF the company. as well as for the
sentence OF its officers, he said. l.. Pat
terson, one Of the defendants, narrowly
escaped summary arrest yesterday after
noon. 1t Is understood he came all the
way from Chicago to appear before the
grand jury should his testimony be de-
sired. He arrived at the courthouse just
as the grand jury was going into session.
Prosecutor Garvan had capias issued
the building and across the Hudson river
to New York. Besides being director
OF the National Packing company Mr..
Patterson is shown by the records of the
secretary of state OF New Jersey to be
its first vice president.
There was surprise expressed today at
the indictment of Ira N. Morris 1t was
known that he had sent lawyer to
Jersey City last week with an affidavit
that he had resigned from the board OF
directors OF the National Packing COM
pany. At that time Prosecutor Garvan
informed the lawyer that no indictment
had been found against his client, but In
explanation of the return of an indictment
yesterday Prosecutor Garvan now says
that although Ira Morris is not at present
member of the board Of directors of
the National Packing company, he was
on the directorate at the time the con-
spiracy charges in the indistment are al
legged to have been committed.
In connection with the indictment
against the National Packing company
the branches of that company's local cold
storage plants will be Investigated again
in search for further evidence. 1t is said
two dozen turkeys have been there for
over a year and are now alleged to be in
an advanced stage of putrefaction.
The employees claim the turkeys must
have been received in poor condition.
as another consignment received at the
same time was found in an excellent con-
dltion.
Indications were tonight that the legal
talent of the defense will concentrate it.
self ON an attack on the validity of the
indictment, when Mr.. Bathgate makes his
plea. The instrument was fashioned In
large part by Joseph M. Noonan. who has
a reputation Of being one of the most ac-
complished indictment makers In New
Jersey.
linger of having made an explanation of
his conduct to the President that was
essentially false. He charged him with
being a dangerous enemy to conserva-
ton.
He charged him with having made a
statement which had disputed documen-
tary evidence and which he said were
absolutely false in their essential par
ticulars. He characterized his actions as
having wilfully deceived the President.
Mr. Pinchot's first hour on the wit
ness stand was as replete of sensations
as had been promised. and the suffocat-
ing crowd in the hearing room hung on
every word that fell from his lips.
A trine nervous at hrst Mr. Pinchot
soon became accustomed to his surround
ings and maintained confident poise
thereafter.
Question ut Issue
His recital had not progressed very far,
however, when there came an AFFECTION
to Mr.. Ballngers attorney as to the wit
ness repeating conversations had with
President Taft. It was contended that
the relation of these conversations would
put the President in an attitude where
he would either have to remain silent or
else appear before the committee as a
witness. which 1t was declared would be
undesirable.
The question was argued for some time
and during the course of his statement
OF the matter the attorney for Mr..
Pinchot admitted that President Taft
In letter written before the conversa-
tion had declared that his recollection OF
what had transpired at the interview.
differed In some wise from that Of Mr..
Pinchot.
The matter was put over for consider
.atiqns BY the. cQrqHittee IN exqQutiYe coHr
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