Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-11-19
Counsel Get Delay Until We'd
nesday in Trial.
HAVE TIME TO APPEAL
Case May Get to United States Su.
preme Court in Meanwhile.
GOVERNMENT LAWYER OBJECTS
Says It Has Taken Eight Years to
Get Plea Of "Not
Guilty"

CHICAGO, November 1o-Counsel for
the Chicago Hackars indicted under the
Sherman antitrust act succeeded late to-
day IN. getting q delay. until next We'd
nesday In the criminal trial. which was
scheduled to begin Monday in the United
States district court
The delay was granted by Judge c. C.
Kohlsaat in the United States circuit
court, where. earlier in the day, the de-
PENDANTS had been defeated in efforts
to make effective writ of habeas cor
pus. An appeal to the United States su-
preme Court was allowed by Judge
Kohlsaat on his decision.
After deciding to quash the writ of
habeas corpus and ordering the defend
ants remanded to their sureties, Judge
KohlsaatAe greed to delay formal entry OF
his decision and order until "Wednesday
morning. This. 1t Is asserted, will post
pone the opening Of the criminal trial of
the packers long enough to permit the in
dicted men to get their appeal to the
United States Supreme Court before they
automatically accept Jurisdiction In the
district court by appearing at the trial
there.
Objection Il Made.
James Sheean Of special counsel for the
government made sharp objection to this
delay.
1T has taken eight years to get q plea
Of not guilty from these defendants, -
said Attorney Sheean to the court land
now, six months after the not guilty
plea has been entered. the trial has no,
been begun. and these defendants have
not faced a jury. protest at any fur.
Their delay, and submit that counsel for
these defendants has but one purpose in
making his request for time, and that
purpose is delay"
Judge K0hlsaat, in discussing the re.
quest for delay, said:
better OF q week from now than you are
today. However. will delay having the
formal entry of the order made until
Wednesday morning."
Earlier Proceedings.
Earlier in the day Judge Kohlsaat had
refused to interfere with the trial of the
packers scheduled to begin Monday In the
district court. The packers appealed to
the Supreme Court. Judge Kohlsaat held
that the circuit court had no power to is
sue q writ except in extraordinary cir
cumstances and that in the present case
it was without the right.
ITO do so.' he said, in his decision,
would be an attempt to review the find
ing Of the United States district court.
''The order Of the court will be to quash
the writ, remand the defendants for trial
and surrender them 20 their sureties."
Levy Mayer, COUNSEL for the packers.
prayed An appeal to the Supreme Court.
I'VE pray an appeal and ask your honor
to fix the amount Of ball. said Attorney
Mayer. .;sssx
,"Under the law" said Attorney Sheean,
government counsel. when q writ OF ha-
beas corpus is denied 1t Is specifically
provided that the respondent be remand
ed" .Gsa
Your honor's order to remand is void, %
said Mr. Mayer. I'VE shall ind unless
care be taken this question will be 80
snarled that there can be no adjudica-
ton"
The decision means tnass>ster years of
legal action the packers must goIto. early
trial, according to the interpret fion OF
the government counsel. .Att0n eys for
the packers, however, contend that their
appeal to the Supreme Court will act
as stay to prevent immediate trial In
the district court.
I'VE win on every point The court
sustatns our contentious" was the mes
sage sent by District Attorney Wilkerson
to the Attorney General at Washington.