The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1912-01-09
JURY IS EXCUSED.
Lawyers Take Up Time Of Pack
erS' Trial in Talk.
Gov. Stubbs Is Shown to Have
Aided the Government.

Chicago, Jan. "a determined ef-
fort to have excluded from the record
all documentary evidence identified by
| Witness Jerome H. Pratt and invo1v-
! ing several letters alleged to contain
pencil notations by J. Ogden Armour,
Arthur Meelxer and Thomas J. Con-
nors vas made by counsel for the de-
/ fense when the trial of the ten Chi
cago packers was resumed today. The
motion was made at the opening of
court and came at a moment when
District Attorney WilkersOn was pre-
pairing to read to the jury number
Of the documentary exhibits. The
jury was excused and the entire morn
ing session was taken up with the ar
guments of counsel on the subject.
The government has nearly sixty
more witnesses to examine, together
with a mass of documentary evidence
indicates that the trial may last un-
til May.
At the opening of court Attorney
group of defendants made a motion
to have excluded from the record all
the letters and papers produced by
Witness Jerome H. Pratt and all his
testimony on the documents on the
ground there was no proof presented
showing that Pratt acted under the
direction of the defendants in the
transactions described. "On what
theory of law can these defendants be
held criminally responsible for the
acts of Pratt? There is no evidence
that the defendants directed Pratt to
do these acts or that they consented,
approved or had knowledge of what
he was doing'' said Attorney Mayer.
m rent to show that the defendants are
charged with knowingly operating a
combine in restraint of trade"
1T is an axiom in criminal law that
~ H. 4 -
an offense committed by another un-
less defendant directly and consciously
participate in the crime, said Mayer.
Gov. Stubbs Has Helped.
Government attorneys have discov-
cred that as late as 1910, W. D. Miles,
former manager of the Armour Pack
ing company in Kansas City, submit
ted to Governor Stubbs of kansas IN
side facts which satisfied the COVER
nor that Miles was competent to ex-
pose completely the alleged illegal
combination between the ten Chicago
packers now on trial
Miles, on the witness stand in Judge
Carpenters court last week, told a
toned down story compared with his
testimony before the grand jury, gov
ernment said. The prosecutors made
no secret of the fact they were dis
pleased with Miles conduct.
So the government attorneys be-
gan an investigation. Niles testimony
before the grand jury was compared
with that given in court There were
wide differences, the attorneys say.
Then they obtained from Governor
Stubbs a statement that Miles had
given to him a complete exposure of
the trust in 1910.
Advices from Topeka quote the gov
ernor as declining to give newspapers
the details furnished him by Miles.
.sIt would be unwise for me at this
time to discuss the conference had with
Miles . said the governor.
Governor Stubs did not have to put tc
court use the information given him by
Miles for the abuses complained of in
Kansas were eliminated by the packers
Letter Shows COlIusiOn.
letter showing alleged collusion be-
tween Swift & Co. and Armour & Co. in
bidding for the annual meat contract of
the old soldiers home at Togus. Me. No
vennber / 1906, was introduced in evidence
by the government
The letter was received by jerome Fl.
PRATT former assistant manager of Ar
nao11r &. Co.'S dressed meat department,
and was signed with the initials F. A. F.,
which Pratt said indicated it was written
nv Francis A. Fowler, one of the defend
ants in the case and head of the dressed
beef department of Swift & Co The let
ter asked Armour & Co. to overbid a
meat contract for the old soldiers home
at Togus. Me. the witness testified
The letter reads as follows:
~ H P. Please bid over beef ~,
mutton S5z. Togus Home You have had
for year. F. A f. u-6-o5