The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1912-01-07
SAYS GOVERNMENT
MUST PROVE CHARGE
Judge Carpenter Lays Down
Definite Rule for Action in
the Packers Case.
DEFENSE SEES A FLAW
Attorneys for Uncle Sam
Realize the StupendouS
Task Before Them.
DEFENSE SEES A FLAW
Er Interna tional News Service.

BY International News Service.
CHICAGO. Jan. 6,-Practically the
entire court S session in the hearing Of
the beef trust case today was devoted
10 an attempt on the part of the de-
fcnse to induce Jerome Il. Pratt to
change his opinion as to the authepti-
city of the banlwriting Of j. Ogden
Armour on correspondence touching
''pool' operations of the beef trust in
1904.
The court allowed Attorney w, NJ.
Borders to cross-eSamine Pratt, Arm
our S former confidential employee, be
fore the direct examination was COM
pleted. Pratt was finally prepared to
say that he could not swear that the
notes were made by j. q. Armour, al
though the handwriting resembled that
OF the beef baron, and the letter on
which the marginal notes appeared had
been sent to him personally.
Attorneys for the Swift group moved
that the letter be stricken from the
evidence on the ground that even if it
were evidence of crime. ii implicated
only Armour, and did not support the
contention of close conspiracy among
ell the defendants.
Ruling Of Court.
In ruling on the point, Judge Car
penter laid down a definite measure to
which the government must confine Its
case. and indicated that world OF
proof must be presented TO support the
charges
The court said.
"The government is obliged and will
have to show in this case a comblDa
tion or effort on the part of some of
the defendants or all of them, before
they succeed, and unless they do so,
that is an eBd to this case. And if
they show the concerted action or in
Iividua1 action, if you please, Of each
party. and then show a general situa-
ton toward which each one Of these
parties has been working. it is Tor the
jury to say whether. considering the
result obtained and considering what
the individuals did. there was in un
lawful combination -
The flaw the defense saw in the gov
crumcnt case was the fact that the
only government witness that had tes
titled in that regard had said that the
old pools or couspiracies were in 1902,
and that documentary proof of con-
spiracy in 1901 or 1905 cannot be in
Il
Iiou in that period is made
Situation to Date.
This situation is the result of the
fact that the first two witnesses Of the
government were Attorneys Albert iG
and Henry Veeder, attorneys for the
Swifts. who admitted ii conspiracy pre-
vous TO 1902 only. Then came W. ID.
Miles. and then Pratt, the fourth wit
ness, told in general Of price fixing
and shIpmcut regulating meetings, but
has not been asked as TO whether these
practices continued after 1902.
The court took the matter under al
visement and will rule Monday,
The net result of the hearing mapped
out clearly for the government the
tortuous path to be followed III prov
ing the guilt of the ten packers, a
showing that each dictated n given
Shipment for given territories, indicated
the price TO be sought, had knowledge
OF the same procedure III other pacl5iDI
houses. and that the procedure was in
tcrrelated and similar, will not be suf-
ficicut.
Must Present Proof
The government must show that tho
packers, III session as directors Of thcl
National Packing company, did openly
and effectively couspire to do the
things which each did following the
meetings. in other words, showing
rs to what the packers did as a result
OF the meetings win he insufficient.
The government must draw back the
curtains and show the scene at the
meeting CT the National Packing COM
pany directorate, must show the part
that j. Ogden Armour, Louis T. Swift,
Edward Morris aud the rest iudividu
ally took in the conspiracy, and how
that conspiracy was staged
The ernment attorneys arc con-
fident of their ability TO prove the
case, but realize that the task appears
more stupeDdous each day The pack
ers are confident and prepared TO
match law against fact IN an appeal to
the supreme court If necessary