Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-02-27
PACKERS MAY DODGE
Talk of Refusing to Obey New
Jersey Justice.
CAN EvADE TRIAL, is CLAIM
Prosecutor Garven Says He Will
Not Be Trifled With:
MUST SUBMIT OR BE ARRESTED
Will Not Be Unreasonable, But De-
termined to Bring Beef Trust
to Taw, He Says.

CHICAGO. February 26-It is possible
that the Chicago packers will not go to
Jersey City to stand trial on the indict-
ments against them until compelled to dc
so by process Of law.
In connection with the discussion OF
the New Jersey indictments, a member
of the legal department of one of the
packing companies today declared that
there were grave doubts whether the in
dicted persons could be compelled to stand
trial in New Jersey.
He asserted that 1t had been repeatedly
held by reviewing courts that defend
ant charged with conspiring in a state
which he had never eptered could not be
brought into that jurisdiction on any writ
of extradition from his home state. II
was suggested by the legal adviser that
writ to force Chicago packers to New
Jersey for trial could be successfully re.
sisteu in this state. either before the gov
ernor or i'll the federal courts
Garven Not to Be Trifed With.
NEW YORK. February 26.-Two weeks
will be allowed the indicted directors OF
the National Packing Company in which
10 appear for pleading 10 the true bill OF
conspiracy found against them yesterday
by the Hudson county grand jury in Jer-
sey City
Prosecutor Garven said tonight that
there was no disposition to be unreason-
able in the case, and that every oppor-
tunity would be given the indicted cor
porations and their officers to come into
court of their own free will If this op-
portnnity were disregarded, however or II
any disposition was shown to treat the
proceedings with levity, as had been in
timated was the case in some quarters
he should move with speed and severity,
Efficiency Of Indictment.
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 NJ. Noonan. who has a
reputation as one Of the most accom-
plished indictment makers in New Jersey
Mr.. Noonan said tonight:
..The question to be determined is
whether there is evidence enough to SUBJ
stantiate the charges of wiilful and un-
lawful conspiracy. 1t is alleged that TIE
conspiracy was formed in Illinois and
was carried by letters and kilograms into
New Jersey, the legal home of the COM
pany.
I'm order to be guilty of conspiracy il
is not necessary for the person accused
to be actually within jurisdiction at the
time of the formation of the conspiracy
Three men may conspire In California
to murder another in New Jersey and
send one of their number to commit the
crime. The two who remain i'm California
are then none the less guilty than the
actual murderer.
"Capiases will be issued at once" said
Mr. Garven, and IL those named in the
papers refuse to answer of their own free
will, extradition proceedings will be is
sued and some of these gentlemen viii
find themselves in Hudson county with
what perhaps may be unexpected celer-
ity.'
In other words, f on service of the
capiases the individuals indicted fail &c
respond, bench warrants will be issued