New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-03-03
UANTS THEM IN JAIL.
Firms Could Be Fined Only
81, 900. Says Gdruen.

Prosecutor Garven, OF Hudson County. ~
J., is determined TO disregard the indict-
ments of the National Packing Company
and auxiliary companies until he has the
IL dividuals enumerated in the bill in court.
The companies, represented by their regis
tered agents, will go into court to plead
to-day or tomorrow. and through counsel
will probably ask that an early day De
fixed for the trial.
1t is expected that two of the indicted
directors. James e Bathgate, jr., of
Orange and f. B. Cooper, of Montclair,
will appear with the agents of, the COM
panies and enter their pleas as individuals.
It was not known al the Prosecutors office
until Yesterday that Mr.. Cooper was a
resident of New Jersey.
Prosecutor Garven. when asked If he
would move the trial of the companies,
said. The prosecution of the corporations
involved Is comparatively of minor I'M
pcrtance. It is the individuals who are re-
sponsihle for the actions Of these corpora
tinns that I want. What does any OF these
big companies care about fine of $1,000?
That is the extreme penalty that can be I'M
posed on them in the event of CONVICTION
for conspiracy On the other hand, we can
put the directors in jail, Therefore. in
tend to go after the individuals first and
the corporations afterward-
The Prosecutor added that he expected a
strenuous resistance of the indicted direc-
tors in Chicago against their involuntary
transfer to New Jersey on the eStradltloh
warrants and that he would probably go to
Chicago to supervise the proceedings Ana
they will come here he exclaimed
Governor Fort, it is minated, will take
an active part and not rest with the 1ssu-
ance of his warrants. The Cap1ases, or
warrants, for the indicted directors were
delivered yesterday to Sheriff Kelly Tor
service. They will he returned to-day IN
dorsed Not found" and the Prosecutor
will Immediately start the eXtradltlon pro-
ceedings. In anticipation of the speedy re-
turn of the warrants by the SheriH OIL
GERS. he has already started work on the
preliminary papers, and may have them
in the hands of Governor Fort before the
close of the week.
Supreme Court Justice Swayze yesterday
denied the application of Prosecutor GarVen
for an order to compel the National Pack
ing Company TO submit its minute BOOKS
and records to the grand jury. The Justice
concluded the application should not be eS
parte. but should be made under a rule 10
show cause, to give the companies an op-
portunity to be heard, and sisnihed his
willingness to hear argument on the point
The Prosecutor will proceed in the way
suggested and ask for the rule on Saturday.
and the question may be argued then, as he
has served notice the counsel for the
of his intention and expects the
lawyers will appear in court on
that dav to oppose the motion
One of the contentious of the opposition
proba bly, will be that the company is under
and the state cannot compel 1t
to produce what the state claims would be
discriminating evidence
Prosecutor Garven said: THAT Is not my
object The grand jury is investigating the
Swift. Armour. Morris and Hammond conf
panies and the individual directors indicted.
and it IS for establishing the case against
them that 7 want the books"
The grand Jury was in session yesterday
afternoon. 1t heard Robert A Adams,
assistant secretary and treasurer of the
Union Terminal Cold Storage Company, and
Health Inspector James ]. Hagen. of Jersey
City. DR.. Herman Iohmann, the city
chemist. had not completed his analyses.
a nd the i0ol1irv continued