New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-01
ONE DIRECTOR HERE
G4RTEN SEEKS REST.
Heat Ertradstion Proceedings
To Be fastened.

One Of the indicted directors of the Ma
tional Packing Company was represented
bv counsel in the Hudson County Court,
at Jersey City. yesterday, and bail was
fixed at s2.5eo. Extradition proceedings will
be instituted forthwith against the non-resi-
dents The statement sent out from Chi
j cago Eurporting TO have enanated from the
indicted directors living in Illinois that they
must fight and defeat extraction has
caused Prosecutor Garven to change his
mind about waiting for them to come
3 voluntarily to court within a reasonable
time. and he has set the machinery OF the
5court in motion
The director who appeared through coun-
#sei yesterday was James f. Bathgate, Jr,
&Oho lives IN East Orange and has an
Soffice in Newark. EN-JudEe Robert D
*1Iudspeth appeared for him before County
4Judges Blair and Carey and asked that no
3.apias he issued, as Mr. Bathgate would
nc present in court when wanted for trial
e. asked. also. that nominal bail be fixed.
assistant Prosecutor Nickers suggested
-hat as MI Bathgate was a resident Of
she state and voluntarily before the court
fau be fixed at $500, but this should not
Doc taken as the amount of bail 10 be re-
eouired Of che nonresident directors IN
&%.sic-ed. The court assented 10 both sug-
3yesticns.
81 M Garven told County Clerk Rother-
80 10 proceed al once with the prepara-
ion of the capiases for the other directors
4r,,s,se warrants will be completed and de-
Sivered 10 Sheriff Kelly early to-day Tor
5ser,-ice. The Sheriff viii promptly return
s. he capiases for those not within his Jurls-
@.6ir+ior for The formal extradition proceed
4ngs-
Ar. Carver said yesterday that he would
Nake preliminary steps at once and that
r7e would confer with Governor Fort, VINO
sSyo1ild confer with Governor Deneen OF
Eninois-
There is sufficient law" he said, TO
have the men indicted brought TO Hudson
county on extradition warrants, despite
-he alleged insurnountable technical par
erier in Illinois that they are not Iusllifes
from Justice"
a The Prosecutors determination ~ P4o
<ceed with the e4tradition warrants seeIlleo
szo be the result OF direct information llat
34he statement sent from Chicago thaI the
,7irAc-ors would combat the New Jersey
process was authentic It was indirectly
sustaire5 by ex-senator William w Ed
wards. Of Jersey City, and Richard V
a ;ndabiIry. who are the New Jersey legal
T.4l
60 directors through Ralph Crews, Of
z.s~Hiaago. counsel for the packing company,
land Samuel Untermyer-
q M. Edwards said: II the directors want
10 tight extradiiion there is no chance to
: hiring them here, because they have never
cred. as directors in the state or have not
fconlrnitted the alleged overt acts set forth
L. the Indictment What would be the use
8 bringing busy men here only 10 be ac-
Ssuitted2r he declined 10 inlpart any ad-
&sitional Information.
s The grand jury viii convene again to-
morrow TO resume its inquiry. probably
u lons the health lire. The Prosecutor de-
hind 10 tell what phase OF the inyestiga-
3ion would be considered. but intimared il
exouid be a fruitful session In answer to
q question as 10 whether the cold storage
Aompanies could be indicted, he said that
H. responsibility would be on the agent
L. the articles stored. Health officer Hagen
T. Jersey City told Mr.. Garven that he had
8sized q box Of turkeys at the Merchants
f2efrigerating Company's plant that had
*been On storage since January Of last
bear ard delivered them TO DR.. Herman
Il ohrnarn. the city chemist, for analysis.
fThe Health officer said the turkeys were
4evidently decomp0sing and not fit for food.
y D.
$srossrnan & Norhaus, OF No 10 Broad
-. said yesterday that he thought the
&7irectors could not be extradited. because
he Supreme Court Of the United States
81 held that for the purpose Of eXtradi-
& ion an alleged criminal must have been
~ ersonaIly present within the state where
the crime was alleged 10 have been COM
united al the time OF its commission
s II the indicted meat packers should re-
SIS their extradic1ion from Chicago TO New
%Jersev," said Mr. Grossman, they would
., IN the first instance, entitled upon an
duplication for regUisiJiOn made TO the
#s5overnor Of the State Of New Jersey TO
4 appear before him and assert that such
i reQuisijon should not be granted on &C
count OF their absence from his state at
the time { the commission Of the crimes
schargcd. # the reQuistion Were then
granted, senilar appearance could be
made before Governor Dennen OF Illinois,
10 whom al application for warrant OF
exlradition would have to be made, and
such warrant could be resisted upon similar
-,