The Birmingham age-herald., 1911-11-18
Arguments in Meat Packers Case Are Finished By
 the Attorneys
COURT APPEARS TO
 FAVOR DEFENDANTS
Public Interest Demands That Decis- ion of Criminal Liability Under the Sherman Act Should
 Be Made

| Chicago, November 17.-Indicted Chi- cago meat packers who are seeking a lruling from the United States supreme court on the validity of the sherman antitrust act, expressed themselves as much encouraged late today when United States Circuit Judge kohlsaat said he saw little reason to question the effectiveness of the custody of the defendants under the habeas corpus proceedings now before the court.
 The governpent contended that the packers were not legally surrendered to Judge Kohlsaats court under the writ and that the circuit court. there fore, did have Jurisdiction.
 Although Judge Kohlsaat announced that he would not hand down his de- lcision in the governments motion to lquash the habeas corpus writ until to- morrow, some of those interested Tn the defense hailed the courts remark on the point of custody as fore run ner of victory for the packers in the habeas corpus case.
 Comment regarding the point Of GUS tody was made by the court while United States District Attorney James H. Wilkerson was concluding his argu- ments against the packers writ.
 T don't think there is much ques- ton about whether these parties were in custody that would justify the is l suance of the writ" said Judge Kohl l saat.
 Counsel for both sides finished their arguments on the governments motion to quash and Judge Kohlsaat asked for | a list of citations advocated in the last two days The court then announced that his decision would be ready for tomorrow morning. Gathered Information
 Armed with all the legal ammuni-
 tion that they were able to gather ovei
 night. the small army of lawyers en, gagged in the battle over the consti-
 tutionalfty of the criminal provision lof the Sherman anti trust law ap- peared again before Judge Christian c. Kohlsaat in the United States cour
 at 1 o'clock today.
 At the end of the first days session
 in the hearing Involving the rights of the indicted meat packers, the main question
 at issue had not been touched. The gov
 erninents attack on the question of Judge
 Kohlsaat's jurisdiction in the habeas
 corpus case occupied the time at today s
 hearing.
 Attorney Levy Mayer, who had not fin
 shed his argument at the end or the
 days session, resumed today. His ar
 gument followed that of Special Counsel Il James Sheehan, who held the opposite
 view in support of the governments con
 tention MT. Sheehan offered In support
 of his position in the case affidavits sworn
 to by District Attorney James H. VII.
 kerson. and Deputy United States Mar
 shal John T. Wolf, setting forth that the indicted packers had not been legally sur
 rendered by their bondsmep.
 The packers affidavits set forth that the eight men were really deprived of their liberty. They give details of the al- legged hour and one-half Imprisonment at the time the habeas corpus order was
 asked.
 John s. Miller. who also argued that Judge kohlsaat has full Jurisdiction and | not acting as g. court of review for Judge Carpenter. It was thought Dis | trict Attorney Wilkerson would follow MT. Miller.
 1 Affidavits Submitted
 Levy Mayer, counsel for the packers, 1 submitted 15 affidavits to show that the packers as matter of fact were under restraint of the United States marshal for more than one hour on Monday at the | time of the surrender by bondsmen.
 Arthur Meeker, according to the af- | fidavits, during the hour of restraint, l asked Deputy Marshal Crawley If the l defendants would be permitted to go TO their homes for the night providing Judge Kohlsaat refused to issue the writ Of habeas corpus. To this Crawley replied, | tl,. tl l,1. d not go to hotel, but would be taken to the Northside; that affiant understood said Crawley to mean by the words 'the Northsde" the Cook county jail which sometimes Is offered to coloquially as the "Northside." 4
 Arguing against the assertion by Attor- ney Sheehan that the packers were en- l 6eavoring to delay the case, Attorney Mayer declared that the government was responsible for efforts to hinder final dis position of the matter. "The Standard 1 oil case took four years and six months to try" he said; the tobacco case three years and 10 months. and If the govern- 1 ment has its way in this case 1t will take | equally as long a time.
 Now I say that we can go direct to the United States supreme court and get a final ruling from 60 to 90 days and set tie this matter once and for all.''
 Questions Sincerity
 James Sheehan, special council for the government raised the question of sin cerity on the part of sureties in the sur surrender of the indicted Chicago pack CTS last May which originated the pres ent debated habeas corpus proceedings
 Counsel for the packers refused to agree to having any of the sureties called to answer questions along this line.
 .Public interest demands that under present conditions the questions whether men are or. are not criminals under law as vague as the Sherman act be settled auiclly.' said Attorney Miller. "The business interests are menaced and shack led by this uncertain and blind act. And this line between what is right, and what is wrong in the statute. Is so hazy that the business of the country never knows I when 1t is near this line. or one what side of the line 1t remains. The question at issue concerns the entire country in that all business interests upon which he
 perity of the country depends, are vtally and specifically affected"
 District Attorney Wilkerson in present ing arguments to support the govern- mcnt's motion to quash the writ of ha- ] beas corpus said:
 I've have here proceeding which has been pending in the federal district court for IA months. I submit that whatever oc- ] cured has been the delay of the defense } and not the delay of the government. ! q assure your honor that the only ct