The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-03-22
CLAPTRAP, SAYS UNTEUMYEU
POkES Ft-N ar PROSECUTION
OF THE PlCkERS.

Says New jersey case Against Them Is .
TraVesly o. Justice and mat the
Prosecut0gs utgiVtng~ Are From
Presa BuFeaa sharp AnsW ERA.
Samuel Untsrmyer Of counsel defend
ing the indicted packers criticised the
methods Of Prosecutor u tho Pleas Pierre
p. 0arven Of Hudson county in his con-
duct % the aO-called beef trust inyesti-
cation while on the witness stand in
JsFsey City yesterday afternoon NJ the
taking Of testimony befoT,. S'tpr-In" ouri
Commissions Theodore Ruro,l. on tho
application for a writ OF cer'iorari r''nov-
! ing To the supreme Court for Tsv ''S the
action Of Justice Francis !. SVayzs IN
granting an order for the prpiuot,on IN
New Jersey " the minutes OF d'rs,tOrs
and Ockholdsrs' mestinGs Of yie National
Packing Company and 'hr's, other in
dicted corporations
Prosecutor GArven pracsded Nir
UnseTmyer a. a witness ami refused tn
give any information bearing on the
secrwt proc@edAng~ m the Grand Jury
room. the names % the persons whose
acts are now hsing made the subject OF
Grand Jury inquiry or the nature Of IN"
procesdings nov under way II. adj
mitted. however. that certain charEe.
against individuals are TO be Investigated
and that the books It'll disclors, evidence
that 10 needed in the inquiry.
Mr.. Untermyer was asked by former
Assistant Prosecutor OF the Pleas Joseph
NJ. Noonan, who 10 assisting Mr.. C'aINen
and Assistant Prosecutor George !.
viokerz in the prosecution OF the packers.
why the defendants refuse Ia give MP the
books and MIR. UntermyeT r~pii'-d
The reasons were stated 'n just zee
Swayss.-
! DO you apprehend that they would
incIiminate your clienteG"
think I answered. that QUESTION.
-If you think that the books ATE not
I injurious TO your clients Why don Won
produce thomg- persisted Mr.. Noonan.
Because We are resting on our legal
rights answered Mr.. Uniermyer. he
osiiss ws think the pTOos=ding an ou'rss"
on these gentlemen: that u - Tor W" pHr-
poas % satisfying public clAmor and with
out . vestige Of right or Justice; that " -
nothing bat mere claptrap. and We ar"
going 70 fight this sort Of proceeding to
WHY don't YOU vindicate your clients
and put an end to this claptrap by pro-
dlcing the boOksl- asked Mr.. NOonan.
We will vindicais our clients IN our
BY not producing the boOks'- 49,,
BY such methods as we may think
But by no, producing the defendants
physIcally 4 you can help ~,
it aaid Mr. Untermyer. The only
reason Why the defendants do not come
in this Jurisdiction - that thte case has
been most unfairly tried IN the news
papers. Every stop taken or about Ia
DO taken or suggested Ia be- taken ~
on plotted in tho public press day after
day and has besn since eariy in February
regular preaa bureau has been main
tanned froEl the Prosecutors once. which
90 think 10 q perverslon Of justic" We
on justice and will 30 AppeAr IN due time
Mr.. UntsSmyer refused 20 answer
some Of Mr.. Noonan's questions on the
ground that they we're unfair
Richard V. I.indAbury % counsel for
the defendant said that the supreme
Court has no jurisdiction IN the matter
OF trying criminal CASES IN bank. and
Mr. Soonan asked Mr. Unternyer II
he would be willing to bring tho defen-
dants 60 New Jersey and have them tried
before the supreme Court.
Mr. UntsrTnyer repligd tina. Mr. Noonan
knew the defendants bad not been m
New Jerpey and nothing could b~ done
to them " thew had. The witness said
in response 20 a direct question a. io his
| noWIedge OF the whereaboutS q the
books that he had been informed th~v
we're IN Chicago IN the hands 81 Edward
Tildcn. president of the National Packing
Company
Asked n h- was acting under the in
atF1ictions Of his clients Mr. Unteunyer
said that he vas and that he was also
giving them advice.
do Won take the ground that the pro-
diction Of the hooks would be- against
your ClientsP- asked Mr. Noonan.
You are not the tribunal b~for. whom
the case - "a he tired said Mr. INTER
unysr
Argument on the application for a writ
81 certioran will take place before SUI
prsgDs Court Justice Rs-s.d, TrsnchaTd
and Minturn az Trenton tomorrow