Omaha daily bee., 1911-12-21
PACKERS MAKE MOTIONS
First is to Take Case from Jury ant
Will Be Argued Later.
OTHERS ARE TO AMEND BILL
Prosecution Resists Attempt 20
Strike out Sections, Because
They Do Not Mention Ma
tiOnaI Company.

CHICAGO, Dec. 20.--At a conference OF
counsel for the defense today It was de-
cided that several representatives sof the
packers would make an opening address
to the jury Immediately following the
close OF United States District Attorney
Iwilkerson's statement.
Attorney George T. Buckingham, 1t Is
said. will make the first statement in
behalf of the defendants and win be fol-
lowed by Attorneys John S. Miller, John
Barton Bayne and Levy Mayer. The in
dications are that the government will
not call its first witness before next week.
District Attorney wilkerson resumed
his address when court opened. He de-
scribed with minute detail the working
of the system by which the combination
Of packers are alleged to have suppressed
competition and fixed prices
Directors Fix Prices.
1.-THE crude methods of the old pool were
supplanted in later years by the operation
OF the National Packing company, by
which the packers attended weekly meet
ings as directors OF the corporation and
fixed prices" said Mr.. Wilkerson. Under
the new system the packers met as d.
rectcrs instead of as individuals although
precisely the same business was trans
acted and the same results obtained.
Prices were decided upon, the countrys
meat business divided among the differ
ent members of the combination and the
shipment to different markets agreed
upon" eD
Mr.. Wilkerson then described the meth.
DDS of THE -combfnatfon n suppresuine
composition.
! He said rate wars were started in Ger.
tain districts to drive independent pack
ers from the field. In other instances
troublesome competitors were absorbed
by the combination. He described how
Swarzschild & SulEberger, the New York
Dressed Beef company and other inde-
pendent concerns were taken into the al
lege>- combination.
In concluding, District Attorney Wil.
kersOn read the indictment.
Three Motions by Packers.
At the opening of the afternoon session
Attorney Levy Mayer said the defendants
had three important motions TO make
He said the most important motion wa
that the court instruct the jury to fint
for the defendants for the reason tha
the governments opening statement faileC
utterly to make out a case under the fiv,
counts in the indictment in view Of the
United States supreme courts decision IL
the Standard OIL company and the Amer
lean Tobacco company cases.
He said the formal presentation Of thii
motion would be deferred by the defense
He, however, made two motions which
he asked 10 have passed on before thu
trial proceeded.
One was that counts two and three o
the indictment be dismissed or Withdrawn
because they did not mention the Ma
tional Packing company, which the gov
ernment contends was the instrumen
used in fixing the prices OF meat durinl
the three-year period covered in the in
dictment-
The other motion presented was tha
the jury be instructed to disregard al
reference is the purchase of the Schwarzs
child g. Sulzberger company and the New
York Butchers Dressed Meat compan,
by the alleged combination of packers
for the reason that the merger occurred
before the three-year period covered ii
the indictments.
District Attorney Wilkerson arguet
against the motions, after which Judg,
Carpenter took the matter under advise
ment until tomorrow and ordered cour
adjourned.