Manchester Democrat. [volume] (Manchester, Iowa) 1875-1930, 1912-03-20
JURY MUST |. DECIDE j: [! D |: !.
FEDERAL JUDGE REFUSES PLEA
OF TEN INDICTED MEAT
PACKERS.
THE TRIAL MUST CONTINUE
Government Sustained on Every Point
at Issue-Defendants Gain Slight
Respite When the Court Grants
Them q Contlnuance.

Chicago.-In their battle to obtain
their liberty, the Chicago packers,
who have been on trial for more than
three months before Federal Judge
Carpenter, lost an important point.
The court in ruling on a motion Of at
torneys for the ten indicted men that
the case be taken from the jury's
hands, denied the plea and held that
the trial must proceed. The courts
action came after Attorney John s.
Miller Of counsel for the packers had
made the final plea for his clients.
Judge Carpenter, In his decision,
said: ~ a s:5
'In this motion I believe 1t is best
to dispose Of it on the principles OF
law. Arguments Of defendants coun-
sci dissect the evidence on q basis
In my opinion that is wrong IN q case
of conspiracy. ,Ss, is !.
THE presumption of innocence in
wolves the whole case and not the sep
3arate features. i .ta 4. .:i.. J. 3.
''The question is whether the Jury
will allow the presumption Of evi.
dence to override the whole case, and
not the separate facts. .
1.-THE hypothesis of innocence must
be as reasonable as the hypothesis Of
guilt before the court can instruct tho
jury for the defendants" continued
the Judge. ''The proof tends to show
that striking and similar methods
were used. It is absurd to suppose
the directing heads OF these busi-
nesses did not know what was going
on. The government must establish
the offense in the period, but can
illustrate by acts before. tEi
5""At this time the court cannot take
the case from the jury. and the mo.
ton will be /. denied. The motion to
strike out all evidence of what went
on before September 10. 1907. is de-
Med -. VA 3{ss Ft:$ %
The packers gained slight respite
after the decision had been read when
the hearing was continued. Attorney
John s. Miller Of counsel for the pack.
ers, obtained the continuance by re-
claring that the defendants were not
prepared to go ahead. III.
These Chicago packers have been on
trial for more than three months.
j. Ogden Armour, president OF Ar.
mour & Co. . "a
Louis F. Swift, president Of Swift
q Co. II ,.553} i,.3s sa
Edward +. Swift, vice-president Of
Swift & Co. ,g z I: . !. 5:5.. Is Il
Charles H. Swift, director Of Swift
4 Co. " .s IL "a Il 'ss
Edward Morris. president Of Morris
& co. IN 1s:8 5
Edward Tilden, president OF the
National Packing company. Nsss>
Arthur$W Meeker, general manager
Of Armour. & Co. H Il .sg 5a
Thomas J. Connors. superintendent
Of Armour & Co.
Louis H. Heyman. general manager
of Morris & Co. Z u z laf.
Francis A. Fowler, department man
lager OF Swift g. Co. " 4 q .,S
Attorneys for the prosecution are
IJ.8H. Wilkerson, United States, district
attorney: Special Counsel James
Sheehan, Assistant District Attorneys
Goodman, Pierce Butler and Martin
Corneau; United States Senator Ken
yon: III Al i;553
Attorneys for the defense are Levy
Mayer, John 8. Miller, John Barton
Payne, Alfred 8. Austrian, George T.
Buckingham. Alfred R. Urion and A.
" Peters. XXI q Xii +, AIR. VII.