The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1912-03-07
MEAT PACKERS
OPEN DEFENSE
Ask Court to Disnnissa Cases
Because of insufficient
Evidence

Chicago. March 7.-Counsel for the
defense in the trial Of the ten Chica go
meat packers today began the battle
to obtain the liberty of the wealthy
clients. A motion was presented to
Judge Carpenter asking him to take
the defendants. alleging that the gov
ernment had failed to prove the
charges. The jury was excused dur
ing the argument of the motion.
1t was 1885 o'clock yesterday after
noon when the governments side of
what is said to he the longest criminal
trial in the history of the federal
courts was brought to a close.
Judge Carpenter Immediately ad-
journed court for the day and it was
announced that at the opening to-
morrow morning written motion
signed by each Of the ten defendants
the jury and discharge the packers
will be presented to the court.
In their written motion the defend
ants will set UP that the government
has failed to prove its charges under
the indictment. it is said. 1t is ex-
pected the arguments of counsel for
the defendants will occupy nearly a
week.
Attorney John s. Miller. represent
ing the Armour group, will be the first
to be heard on the motion. He will
be followed by Attorney NJ. W. Bord-
ers for the Morris group. Attorney
Ralph Crews for Edward Tilden and
| Attorney George 7. Buckingham and
Attorney Lewis Mayer for Swift
group.
| District Attorney James II. Wilker-
son and Special Counsel James NJ
Sheean and Pierce Butler will argue
against the motion on behalf of the
government.
The closing hours of the govern
ment side of the case was taken up
with the reading of statistical data
| on the packing industry in the Uni
ted States and stipulated statements
of the corporate history of the COM
panies controlled by the defendants.
The trial was begun December C
! and the jury was sworn in December
.. The first witness for the govern
ment was called December 26.
| Forty-nine witnesses were exam
ined by the government and 1,i04
| documents of various kinds We're in
troduced in evidence.
The salient points which the gov
ernment sought to bring out in the
presentation of its case were:
AHdl lIc .SdIlOIldl 1'dcKlnR C0n1Da ny
which is owned by the Swift, Armour
and Morris interests was the instru-
ment used in the alleged fixing of
prices and determining the volume of
shipments.
That the defendants in the years
1907. 1903, 1909 and a part of 1910
the period covered by the Indictment,
regularly attended the directors
meetings of the National Packing
company held in Chicago every Tues
day afternoon where its alleged in
formation was changed and margins
and shipments agreed upon.
That representatives of Armour and
company. Swift and company. Morris
and company and the National Pack
ing company in New Yok, Boston and
other eastern cities exchanged mar
gins and tele~-aphed them to their
superiors in Chicago each week
That the system of figuring the test
cost of dressed beef was practically
uniform and was used for the pur-
pose of comparing business results.
That allowances for hides in figur-
ing the test cost was discontinued in
November 1907. and resumed in
April. 1909.
That the allowances for fat and
other bv-products in figuring the test
cost were practically uniform through
out the period covered by the indict.
ment.