Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1911-11-22
Must Take Chances Before Jury if
Efforts Are Unavsiling.
APPLICATION TO JUSTICE WHITE
Kohlsaat's Order Qusshing Habeas
Corpus Writ Entered.
COUNSEL FOR DEFENSE ACTIVE
Fight to Save Defendants from
Facing Jury shifts from Chicago
10 Washington ns Result
of Days Developments.

CHICAGO, Nov. I.-Further delay In
the criminal trial OF the Indicted Chicago
packers-thls time until next Monday
was granted counsel for the defendants
late today by Judge George A. Carpenter
In the United States district court As
result the fight to save the packers
from facing a jury probably will shift
from Chicago to Washington, where ef-
forts will be made to obtain a stay order
from a justice of the United States su-
preme court.
Judge Carpenter said that unless he
had received such a stay order by Mon
day he would order thef packers to trial
without further argument
Counsel for the packers effected the
delay granted by Judge Carpenter by
first appearing before Judge c. G. Kohl
saat in the United states circuit court,
where the entering OF an order quashing
the packers habeas corpus writ had
been marking time since Saturday. When
delay was granted Saturday by Judge
Kohlsaat It was agreed that formal enter
ing OF this order should take place on
Wednesday.
The defendants lawyers caused some
surprise by appearing in Judge Kohl
saats court at noon in company with
counsel for the government and asking
for the immediate entry OF the order. At
the same time the order granting an
appeal from Judge Kohlsaats decision,
also handed down last Saturday formally
was entered
Arguments of Defense.
Three hours after these orders had been
entered in Judge Kohlsaat's court counsel
L.. .,A.
Carpenters court, where the trial was
scheduled to open tomorrow morning.
Attorney John s. Miller informed Judge
Carpenter OF the proceedings before Judge
Kohlsaat. detailing each step from the
time of application for the writ Of habeas
corpus, which was issued and then
quashed.
Legally" Mr.. Miller said. 'our appeal
from Judge .Kohlsaats ruling Is nov
tbending m the Federal supreme court
and counsel for appellants coneeives thai
this court ought not TO proceed with theli
trial on the indictments while the appeal
Is in the supreme court, or at least not
until that court shall have had an oppor-
tunity of passing finally on the ques.
tions involved there in testing the valid
lty Of the criminal provisions of the sher.
man antitrust law.
Operates as stay.
Your honor ought to stay your hand
until that court has determined these
questions. II is our contention that the
pendency OF the appeal as perfected
operates as a stay and prevents this cour
from exercising any rights in the cas-,
until the supreme court proceedings ar'
disposed Of
However, IL 1t Is too long to wait unit
the supreme court finally passes on th'
matter, we ask that you stay the pro
ceedings in the trial until the appellants
have an opportunity at least OF present
ing the question to a Justice OF the su
preme court"
Levy Mayer OF counsel for the defend
ants after delay had been granted b!
Judge Carpenter said that the appllca
ton for stay order from the suprem
court would be made before Chief Jus
tice White at Washington, probably oi
Thursday morning.