New-York tribune., 1911-12-22
PACKERS LOSE A POINT
Iudue Carpenter Refuses to
Strike Out Two Counts.
THEIR DEFENCE OUTLINED
Restraint of Trade Denied and
Benefit of Public Asserted
by Counsel.

chicago, Dec. I.-Denying every material
allegation made by tho government against
the ten Chicago packers on trial before
United states District Judge Carpenter FOR
violation Of the criminal sections Of the
sherman Law, George r. Buckingham TO
DAY outlined the case of the defendants in
sr opening statement TO the jury.
8 The defence met defeat when Judge Car
renter at the opening of the court, denied
motions to eliminate counts two and three
from the indictment and 10 have the jury
disregard statements made 10y District At
torncy Wilkerson in his opening argument
regarding certain acts Of the defendants
prior to the threc-ycar period covered by
the Indictment
In denying the motion OF the defence,
Judge Carpenter said:
The existence OF and the use claimed 10
have been made Of the National Packing
tompanv arc merely evidcntiary CirCum-
stances possibly bearing upon the creation
o. continuance OF the alleged unlawful COM
brstiou.
Summed M. the argument Of the defen-
p cents counsel is not that the opening state
meut of the government was too narrow
Tut too broad. Because the District Attor-
rcy outlined certain cvidCntiary facts tho
government is not prccludcd from proving
others.
on the second motion Judge Carpenter
ssid:
n is also urged that evidence Of tho pur-
chase 10y the defendant Tiden Of certain
shares Of the capital stock of Schwarzschild
a. SulZbcrGcr aud of the New York Butch
CS dressed Meat Company should he eN-
GUIDED. IL was not necessary that the in
grtment should charge how the prOsecu-
ton proposed 10 prove its case. II is quite
ptouer however. that the opening state
ucnt should not only cover the ultimate
facts. but advise the jury in some measure
Or tho character. force and value OF the
proof which is TO be offered.
rho motion is denied. and exceptions
ioted in behalf Of all the defendants.
ar Buckingham described in detail the
method of buying, selling and accounting
used by the packers and declared that the
unusual nature OF the business made some
such system absolutely necessary. In out
lining tho packers defence Mr.. BuckinG-
nam made salient statements in reply to
the charges of the government, among
which were the following:
That the business operations Of the pack
crS do not constitute an undue and un-
reasonable restraint Of trade under The
sherman law as recently interpreted by
the United States Supreme Court in the
cases of the Standard oil Company and the
American Tobacco Company.
That the public has been benefited rather
than injured by the operations OF the
packers.
THAT the governments proof of the al
lczed combination must lie confined to the
three year period subsequently 10 1907.
That the profits of the packers do not
exceed 10 per cent on the actual money in
vested
That the profits on the sales Of meat do
rot exceed 8 per cent.
That no agreement on the purchase price
Of cattle or on the sale of meat ever eN-
listed among the defendants.
That the weekly meeting of packers held
prior TO 1907 were for the sole purpose Of
preventing the OveTstoCking of the mar
ket with perishable fresh meat and not to
fix prices or suppress competition.
That there are nearly three hundred in
dependent concerns in daily competition
with the indicted packers.
That the defendants supply less than ~
yer cent OF the meat used in this coun-
ny
That the high cost Of meat is the result
az q variety of economic causes and not
due 10 any combination among packers.
That the National Packing Company was
organized in good faith TO transact leslu-
mate business and not TO perpetuate any
system for the fixing OF prices or the con-
troll Of the product.
H. ". Borders. representing the Morris
group Of defendants, will speak tomorrow
morning.