Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1911-11-16
FEDERAL ATTORNEYS PREPARED
TO RESIST PACKERS LATEST
MOVE.
SENATOR KENYON ON HAND
TO AID GOVERNMENT
Prosecution Now placed on Defensive
will Seek to Show That Packers
Were Not Legally Placed in Custody
Mot Apprehensive Over Out
come.

Chicago, Nov 16.-No decision in the
appeal of eight indicted Chicago pack
ers for a writ of habeas corpus can
come before tomorrow, as a result OF
Judge Kohlsaat, in the United States
circuit court, granting twenty -four
hours delay for counsel for the pack
ers to answer affidavits by the gov
ernment attorneys.
In the meantime arguments We're
presented by attorneys for the gov
ernment that writ issued Nov. Ia
be quashed and the government be al
lowed to proceed with its trial set for
next day on indictment charging vio-
lation of the Sherman antitrust law.
In any event it is not believed the
trials will begin Monday. In case
Judge Kohlsaat sustainS the govern
ments contention that the packers Pc
tition was not in good faith and
quashes the writ, the indicted men
have announced they will appeal to
the supreme court and thus obtain
ruling on the constitutionality of the
criminal sections of the Sherman law.
This according to counsel, will have
the effect of preventing trial on the
indictment until after the ruling.
Should Judge Kohlsaat sustain the
packers plea and grant the writ, the
government will appeal to the su-
preme court.
Chicago, Nov. 16.-What gives prom
Use of being one Of the bitterest and
most important legal battles ever
fought out in the federal court began
today before United States Circuit
| Court Judge Kohlsaat.
At 10 o'clock counsel for the govern
ment and the so-called beef trust had
arranged to be on hand for argument
in the habeas corpus proceedings filed
in behalf of nine indicted meat pack :.
ers and which attacked the constitu-
tionality of the criminal provisions Of
the Sherman antitrust law.
The government forces will be on the
defensive They were so placed when
Judge Kohlsaat granted the order for
the writ. The ground gained by coun-
sci for the packers in the first move
was the cause for hurried gathering
of legal talent to protect the federal
interests.
The government case. 1t was said,
would be directed by James Sheehan
and District Attorney james H. Will
kerson. Pierce Butler, Of st. Paul. and
Senator Kenyon, OF Iowa, will be on
hand to give aid, and it was expected
that Attorney General Wickersham
{- tNvoh with the
proceedings.
To Attack Surrender.
The government it is understood,
will make every effort today to prove
that the packers were not legally sur
rendered into custody. The prosecutors
will centend that they were not sur
rendered into court. as is required by
law, but were turned over by their
bondsmen. without due process.
Persistent rumors about the federal
building that Peter s. Grosscup. who
recently resigned as Judge OF the
United States circuit court, had joined
the packers counsel, had planned the
latest coup and that, altho In the back
ground he was playing prominent
part in the case, were strenuously de-
| MED by John s. Miller and Levy Mayer,
head Of the packers corps Of attorneys.
"Mr. Grosscup is in nowise connected
with the packers defense" Mr.. Miller
said. "The report is absurd"
Former Judge Grosscup could not be
found either at his apartments in the
Congress hotel or at his summer villa
in Highland park. Close friends. how
ever, denied the veracity Of the report.
Lights were burning in the office OF
District Attorney Wilkerson in the fed
eral building at daybreak this morn
ing.
"Trust Busters" Here.
United States Senator w. s. Kenyon
Of Iowa. who was government trust
buster" at the beginning OF the pro-
ceedings against the packers, and
Pierce Butler. Of st. Paul, who engi-
neered the famous flour suits" ar
rived yesterday to lend their aid to
the government lawyers. They partici-
pated in the all-night conference. 9th
ers present were Elwood G. Goldman,
chief assistant to Mr. wilkerson; Bar
ton Corneau and James Sheean, OF the
special beef trust trial furoe.
Attorney General Wickersham will
not come to Chicago as had been rum
ored. He left the case in District At
torney Wilkerson's hands yesterday.
but there was continued exchange OF
kilograms bearing upon the legal
points.
According to dispatches from the
capital last night the attorney gen.
eral regards the habeas corpus pro-
ceedings instituted before Judge Kohl
saat as confession OF fear on the part
Of the packers. who are. he says, will
ing to resort to any means to delay
going to trial on criminal charges.
while the department Of Justices
does not anticipate that Judge Kohl
saat will release the packers, 1t ie con-
sidered likely that the appeal to the
supreme court will be taken, regard
less Of the decisions.
Prosecutors Confident.
The government attorneys say they