New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-02-10
FOOD CASE CHARGE
DEFINED
Coyrf Tells Grand Jury Com
,;uotiou Must Be UnIdscfHt.

The investigation that Is being DroSecu'eu
- sscorrsin II the prevailing high prices
ror foodstuffs arc the result Of coiholiia
.1or a. The expense Of the ""fnlnu'"'!
hv tho Hudson County N. j. Grand Jury
VS. made The subject Of special cna' Se
,,ester6sv afternoon ny Supreme Court
Justice Swayze In Jersey CITY be'iI'i'e
the law 10 the jury. nc said that an o'''"N
f7,l combination 10 enhance prices 'l1S'
he shown % Justify an indictment for CON
splracv.
Justice svsyze. in opening the sre''ai
charge. said:
The Prosecutor has brought 10 my n9 boo7
the investigation that YOU iLT - 80 J.,
,,1,-s;li17c. i,7fo t1c cold storage o. 1000 ~
80 ro7,r5ty understand the inNestf-
cation has led you TO desire some III
structions as 10 the an f eEat4,,,e 81 he
srlel conspiracy. \ recent decision o. ~.
S,Irrene Court certainly cNtendS NtIH
much tho scope of the crime Of conspiracy.
showing that II is not limited 10 inc avs
prescribed by the statute s
The Cour1 has said in so MANY N"tuH
thar where the conspiracy results "a M
f,53er 10 The public il seems that 'he IN
,s,44,r.-7f viii be sustained where neither
he object nor the means are crlrh.ai'
com hinafion 10 accomplish an chlecl WIZ III
2. not criminal by means whiCh a!e NJ
criminal where the puh1c i lIlu. Is ~
sr-z-alveS or where the TeSHt "oGiu
,s-,,.- ,.,s.7,-,- or oppression 10 individuals
This is the last authoritative oSci:tl a -,
q our courts and II Is SoucneH IN -
-T,e-e 81 broad and sweeping mat q con-
pination to commit any act where me
7,.lh75,- is iy7iIriously involved. or %!'eir "
result would he an INJURY 10 l1uln IS..','T'
would seem TO he an lndlcIanie CollNitt g,
The concentration Of q vast potilh - -,
around such 4 point New OK tltN e- al,r
10 Great distance Of that population lrHHl
re SSrfci17sl sources Of food supply render
q 2 necessity that quantities O. l"oH. 20
n amount. but small IN proper 'iv'' ~ -.
,,o77lfat!on 20 no fed. should nc Cum"
7s-od and held for longer OF Si9 g -
-7e-IolYe in order 10 meet the demand. Suth
an accumulation made IN tunes o. PLFHC
10 meet the public needs IN 1lht "L
e-s-ri+v Goes not or itself indicate thaf
fbe object Of the accumulation IS me LL2,
&c injury Il may even De lpl "a. 80
,,--=res III the time Of plenty. \ ought uli-
Ger proper management 10 teI,a 20 + hseb
.f7e-I down At seasons when The natural
supplies are scarce
The court Illustrated this point by quot
ing from the Bible the account OF the
INTERPRETATION by Joseph OF Pharaoh ;
dream OF The lean and fat kline. the storing
Of the grain in the seven plenteous years
10 aver; the seven years famine. and said:
refer 10 this only by way Of Illustration:
hut II suf7Ces TO show that the storage OF
food nav have An object consistent Win
,he public welfare. Il upon the evidence
YOU think that was the object IN me
garesenr case YOU should find no indlct-
ment If however. the evidence rendeIs II
proha bic that the object OF accumulatis
foodstUffs and holding in cold storage was
merely 10 enhance the price 10 the puohc
injury an Indictment would be proper;
The question remains whether an lndlcl-
r77enr can he found in The county o. FtCd-
son That can only he the case II CRIME
= crime there be, was ConImted IN thlS
county. ~ =
Tho eist az the crime Of conspiracy IS
IN. com Fir7ation. Il is the Illegal agreement
that constitutes the crime. but IT has been
decided that an Indictment may he re
turned in this state when the conspiracy
i formed in another state. II II can De
spro1el that an overt act was done mere
f,v some OF the conspirators IN furtherance
~ thei- common design / think any over,
ut in This state IL enough Such an ACT
Mould be the storage Of foodStuns or
10 withholding OF them from sale for the
purpose OF enhancing the price.
After the charge the grand jury returned
70 their room and resumed the inquiry.
The witnesses examined were Robert A
Adams. assistant secretary OF The Union
Terminal Company: Ernst A Hegeler. OF
Harrison. Who retired from The cold stor-
age business: Dr. John J. BaUman. pTesl-
dent Of the Ammou PerSln Produce
t-0rura7r- N. kIeebiatt- Of SChwaTzSchlId
& Sulzbereer- John WeStervelt. OF the
!. armour Packing Company. all OF whom
n z-e Identified with Jersey City plants; W
u Whiting Of Hammond * Cos Hohoken
rTau- and J. y. Wilson. Of the Nelson
Morris company. Bayonne.