The Washington herald., 1911-11-19
PACKERS ARE GIVEN
RESPITE BY JUDGE
Habeas Corpus Will Not Per-
nit Trial Tomorrow.
DELAY IN ENTERING ORDER
KOhIsaRt Decides Indicted Beef
BarOns Need Not Appear In
Judge Carpenters Court - At
torney Mayer StartIes Spectators
by His Vehement Plea in Case.

Chicago, Nov. 1S.-At the eleventh hour
this afternoon Judge c. c. Kohlsaat, in
the United States Circuit Court, saved
the nine indicted beef packers from trial
Monday in Judge Carpenters District
Court and granted them another breathing
spell until Wednesday morning.
This was accomplished by granting a
delay in the entering of the order quash-
ing the writ of habeas corpus issued this
morning until next Wednesday instead of
enforcing the order at once and remand
ing the packers for trial.
The whole country blazed to-day with
the news that the multimiIlionalres in
dicted on the charge of violation of the
Sherman antitrust law would have to go
to trial Monday, the day originally set.
Several days ago, in a desperate. effort
to gain more time, the indicted men sud-
denly appeared before United States
Marshal William Miller and applied for
and were granted writ Of habeas corpus
for the release of the nine prisoners"
Writ Is Quashed.
Hearing of argument on this writ was
set for last Thursday and this morning
Judge Kohlsaat quashed this writ, thus
remanded the packers to the District
Court for trial.
Then ensued one of the most remark
able scenes ever witnessed in a United
States court. Quivering with rage, and
with his face nearly purple from excess
of emotion. Levy Mayer, leading attor-
ney for the packers. burst forth in a
TRADE
Striding back and forth in front of
Judge kohlsaat. shaking his fist and
shouting at the top of his voice, he
spoke his mind.
That he was not declared in contempt
of court vas a matter OF wonderment to
the court room OF spectators Judge Kohl
saat looked at him with sort of pitying
smile on his face and did not reply.
L believe the court does not realize
the full import of the decision" Mayer
shouted. BY this decision this court
must remand these men to the United
States marshal, and that means that
they must be imprisoned"
BY this time every man in the court
room was staring in establishment at the
rabid nature of Mayors utterances. Con-
tinuing he said:
Calls 1t Unconstitutional,
Does not the court realize the position
in which we are placed? Does not the
court entertain strong doubts as to the
constitutionality of the Sherman act? To
deny us an enlargement on bail is to
gentlemen to submit to the debasement
of being locked in Jail
We ask the court to give these defend
ants the same rights as a counterfeiter
Judge kohlsaat made no reply and ap-
the government forces had won
a notable victory. That which the pack
ers have tried to dodge, on every pOssi-
Bile pretext-a trial-appeared inevitable
United States District Attorney wiIker-
son at once dispatched to Attorney Cen
eral Wickersham at Washington, the fol-
lowing:
Court sustains our contentious. We
win on every point wILRERSON."
Then came the most astonishing fea-
ture of the case thus far. When court
in the afternoon, Attorney
Mayer appeared and asked that entering
of the order quashing the writ of habeas
corpus he delayed, until such time as
would afford the defense an opportunity
to prepare a plea to be submitted to the
Supreme Court
District Attorney Wilkerson and Special
Counsel James NJ. Shean both protested
vigorously. but Judge Kohlsaat, never
theless, granted the packers another de-
lay and there the case stands.