Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-12-21
EEFoRrs TO NAVE PORTION OF
INDICTMENTS oUAshED
ovERRULED.
WOULD HAVE ELIMINATED
CRIMINAL PROSECUTIONS
Court Also ovsrrulss Motion to Have
Portions Of Opening Statements
Stricken out-Wiil Later Move TO
Secure Instructed Verdict on Ground
That No Criminal Intent Was Shown.

trial for criminal violation Of the
Sherman law lost In the first skirmish
of their long drawn out trial today
when United States District Judge
Carpenter overruled the motion Of the
defense to strike out counts two and
three of the indictment.
The court also ruled adversely on
the motion to have the jury instructed
to disregard the allegation Of the gov
ernment's counsel in the opening state
ment regarding the absorption OF the
Schwarzchild & Sulzberger Company
and the New York Butchers Dressed
Meat Company by the alleged packers
combination.
The court gave the ruling at tho
opening of the session and the fact tha I
the decision sustained the government S
position on every material point was
regarded as a severe blow to the de-
fense.
After the decision of the court was
announced brief recess was taken TO
give the packers attorneys time to de-
eide whether they shall give, opening
statements or allow the government to
proceed with it's first witness.
Could See No Criminal Intent.
Attorney Levy Mayer contended that
counts two and three should be elm
mated. because they make no reference
to the Natinal Packing Company.
which, under Mr.. Wiikersons outline.
is the crux Of the governments case.
He demanded that the court instruct
the Jury not 10 consider portion of
Mr.. Wilkerson's address relating to
the purchase of Edward Tllden of 1000
shares Of stock of the Schwatrzchild &
Sulzberger company and the acquisi-
ton OF stock OF the New York Butch
sers' Dressed Meat Company because
the allegations go back OF the :hree
years limitation preceding the indict-
ment.
Attorney Mayer announced that all
the counsel for the defense have
agreed to submit at later date mo-
ton asking the court to instruct the
jury to find verdict at once for the
defendants on the5 grounds that the
United States district attorney failed
to make out a case OF criminal viola
ton Of the Sherman antitrust law In
his presentation to the jury.
Moreover, Attorney Mayer made
much Of the fact that the government
thus far Is seeking only to prove the
packers fixed prices and had combi-
nation in fresh meat.
"The gist OF the indictment is." he
said, that the defendants fixed prices
Of fresh meat. They are not charged
with having 9. monopoly in other
branches OF the industry.
THAT attitude marks complete
abandonment Of the element fixing the
prices paid for live stock. That part
OF the governments case has been left
out. It is not necessary for me to say
why"
The Courts Ruling.
In denying the second motion Judge
Carpenter said:
ut is urged that evidence Of the
purchase by the defendant Tilden OF
shares of the capital stock of Schwarz-
child & Sulzberger Company and the
New York Butchers Dressed Meat
Company should be excluded and tina,
the jury be instructed to disregard that
| portion of the governments opening
which has to do with the purpose.
"It is quite proper that the opening
statement should not only cover the
ultimate facts but advise the jury ir
some measure OF the character. force
and value Of the proof which is to be
offered.
! 1.-The New York Butchers TRANSACTION
| was mentioned in the indictment ant
the Schwarzchild & SulZberger was
not. Whether both are or both were
not charged is OF no moment because
in either event proof OF the trans
actions would bear only on the purpose
and intent OF the defendants In enterinf
into the alleged unlawful combination
The motion is denied and exception
noted in behalf of all the defendants.