New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-07-01
MAY |ND|CT REAL HEAD
OF COTTON BULL POOL
Federal Grand Jury Next Week
Will Have New information
to Act Upon.
MORE SPECIFIC TRUE BILLS
Plea of Abatement for Kittle
Causes Government to Move
for Reindictment of
Patten and Others.

AS the result of the so-called plea in
abatement fled last week by Adrian H.
Larkin in behalf of Charles a. kittle. one
Of the eight men indicted for alleged vio-
istion Of the Sherman act in fostering the
cotton bull pool the Department of Justice
has decided 10 seek new indictment or
indictments against James A. Patten and
the other men so that the prosecution of
the members Of the alleged pool may not
be hindered or hsmpered.
Cotton brokers learned OF this move yes
terday, and one of the men close to the
proceedings said last evening that the mat
tiers involved would be laid before the fed
eraI grand jury next week. subpoenas
had been issued. returna bic July s. The
brokers who were heard in the late inves-
tigation and some of the spinners from
the South have been summoned TO testify
again
Mr.. I.arLin's sole contention was that
the grand jury that had found the indict-
ment was illegal. in that it was not drawn
from the nanel called as the result of the
act giving this district the right TO call
tn5o federal grand Juries-
To supply the old body panel Of 100
names had been provided. When the spe-
cial iurv was authorized special panel OF
sevenry-five names was called to I'LL II.
Ru1 the special grand jury which indicted
lanes A Patteu Eugene b. Scales, SydheS
] Hartman, Robert n. Thompson, Charies
KjttIe Morris II Rothschild. Frank b.
Havne and William P. Brown was drawn
from the nanel OF $50
There was A conference in Washington
as soon as Mr.. Larkin's plea was hieu- anu
Il was then decided. although an ahs"e'
was filed BIZ the government uphoiolhs t"e
legality Of The special body. to coul'eract
aYv Dossihle success by a speedy addltloiial
indictment.
There was further incentive in this, as
- counsel for Mr.. kittle had retained
counsel 10 take the fight against the speciai
grand Jury TO the Supreme Court on Ihe
ground that the enactment was unconsu'u-
tional.
Mr.. Patten and the other indicted men
we're concerned in this move Of Mr.. l-arklh
Plans had been laid TO postpone conslo-
Grafton Of the cases by means OF SGccesstNe
attacks on the indictment, on me sIahu
Sur- and in other ways One OF the co'ii-
sci for the accused men said when the IN
iictrent was handed down that the cases
would never come to trial
There was report last evening that
there might he q separate indictment
against some of those who are alleged 10
have been at the head of the pool
The indictment as found was of the
blanket variety, bringing every one OF the
defendants into the general scope of the
CHARGES There may be a difference In the
n. the grand Jury.
Il was said that the real head of the pool
Rad been found and that there would be
concentrated attack against him IL was
also said that he WAS supposed at the pres
enf time to have had least TO 90 with the
POOL
The government in its indictment charged
that the men proceeded against had OBJ
rained full control of the supply of TINS
seasons cotton TO the practical demorai "a
tion Of trade and the closing W. OF nearly
q third of the mills.