Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1911-03-23
Judge Carpenter at Chicago
Rules That Humphrey De-
cision Does Not Cover the
Present Prosecution.
MUST STAND TRIAL
ON INDICT MENTS
Proceedings Today Came
Up on Demurrers to Gov
ernment's Bill Which Al
most Halted Prosecution.

SulCd6O, Md1Cu ZG0luO 1u0lCt0u
Chicago packers today lost their fight
against going to trial on the indictment
secured by the government several
months ago. when Judge Carpenter In.
the United States district court today!
overruled their demurrer to the
charges and held that the immunity
granted by Judge Humphrey Of the
federal court in 1906 did not apply to
the present charges, which he held.
were based on evidence not included In;
the Humphrey decision.
Judge Carpenters decision occupied
nearly an hour In reading and went in.'
to the conditions relating to immunity
with great detail. In brief the packers
position was that any conspiracy that
might have existed was In plotting
prior to Judge Humphreys immunity
decision, and that an immunity from
prosecution granted existed over all
times. SO long as the acts covered by
the 1906 decision remained the same,
No Immunity Far Recent Ohssssss.
3IE deciding this Judge Carpenter
ruled that the immunity granted then
was only for acts which had occurred
prior to the date Of the Indictment, and
did not pertain to any unlawful act
which was performed after that times
The evidence given by the packers
before the grand Jury. he said. could
not relate to that which had not oc.
Cured, and hence 1t has no further APP
plication. As to the contention OF the
defense that the controversy ended
with the first proceedings, he ruled,
that so long as the acts complained OF
continued. the conspiracy remained In
ahp ~ ~ ,Io1 ,S,,l ~ d.. Nvs
the conspiracy and occurring after the
grand jury were new and separate
In addition the court decided the Of.
by the packers prior to their immunity
for which they were freed by the
criminal In themselves, and he de-
clared they could be used in prosec,i.
tions which were practically q con.
tinuance OF the oftenses.
Courts Ruling Far Reaching.
Not only did Judge Carpenter rule
that immunity existed only for the spe.
cific unlawful acts committed before
the issue OF the Indictment under which
they secured immunity, but he decided
for the first time that the acts testi-
fled to and which were made pure
and incapable of subjecting the doers
to criminal prosecution" could be used
in future prosecution. He said how.
ever, they could be used only to show
the original conspiracy, when q con.
tinuation Of the conspiracy beyond
the time Of immunity was the subject
OF future prosecution.
Judge Carpenter denied the govern.
ment's motion to strike the packers
pleas in abatement from the records,
and instructed the government to re.
ply to the pleas. He said demurrer to
the pleas might be filed, however.
The packers were instructed to be.
in court March 81 and report what ac-
tion they proposed to take. They were
given twenty days by the court In
which to file exceptions to the order
given today. The Indicted packers are:
Louis F. Swift, Edward r. Swift,
Francis A. Fowler and Chas. III. Swift
OF Swift & Co.; Edward Tilden, presi-
dent of the National Packing Co.; J.
Ogden Armour, Arthur Meeker, Thos.
J. Connors, of Armour & Co.; Edward
Morris and Louis Heyman Of Morris &
Co. The chief object of the government
attack is the National Packing Co., Of
which the indicted men are directors or
are otherwise interested directly or In
It was organized In 1903 with
a capital Of $15;0O0,000.