The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-11-08
DENIES COMPACT
WITH PALMER
No Truth About Understand
ing Reached to Suppress
Evidence in Coal Probe.
CASE AGAIN CONTINUED
Judge Would Determine If
Attorney General Can
Ham String Case

Ahui"lNpollss lnu., NOV. S.--Trlal OF
the soft coal conspiracy cases against
l25 operators and miners in Indiana.
Illinois, Ohio and western pennsylva.
MA was continued today until Jan. 10
by Federal Judge A. II. Anderson.
|, When the cases were called for trial
today, government counsel said Il was
not ready TO proceed, and Judge An
derson Immediately undertook an in
veatlgation OF Atty. Gen. Palmers con-
nection with them. efforts being made
70 learn what orders the attorney gen
oral had given regarding tho scope Of
the governments evidence.
In setting Jan. 10 az the date Tor
the trials. Judge Anderson declared thnt
meanwhile he would "at least find out
whother we are governed BY law or BY
person." His remark was intended ap.
parently 70 apply to Mr.. Palmer, whose
actions tho judge also assewed were
strangely close 10 tho compromising OF
felony and dangerously near con-
tempt OF court"
II also was indicated that the federal
grand Jury would reopen its investiga-
ton into the coal conspiracy cases,
After District Attorney Van Nuys had
read an exchange OF kilograms between
himself and the department OF justice
relating TO further Investigations, the
Judge announced he was going 10 have
Il done" His remark was regarded a.
be called. would receive instructions re-
gardlng rtoponinK OF the cases
Discussing Atty, Gen. Palmer's order
10 the local federal officials that the
evidence nsed in the previous miners
spiracy case, Judge Anderson said
ITS strangely near compoun0lng u
felony. don't say Il is-say it's
strangely near IT,
Judge Anderson then read laws show
ing. that the suppression OF evidence
would be compromising felony.
The arm OF this court is long. Il
has been known 20 reach farther than
Washington" continued Judge Andsr-
son.
The jurlst then defined contempt Of
court aud read Atty. -Gen, paimer,a let~
ter and telegram to Mr.. SirnmH In
strueting him regarding the use OF evi-
'yrhe way I construe thia telerrnm.-.
this ietter--ia that somewhere soma
body has an nEreement that this case
should be thrown out" he declared.
w that " not contempt OF court. what
Judge Anderson at the conclusion of
his remarks granted the government's
petition for n continuance of the COM
spiracy case, fixing Jan. 10. 1871. M the
date OF trial.
Judge Anderson then immediately
started upon his investigation of
Atty Gen. A. Mitchell palmer'a con-
neotlon with the case, at ono time Dc.
elnring; I'm going 10 Ind out
whether the attorney general cnn
hnmEtring q case In this court Dan
w. Simms, OF Lafayette, Ind. who re-
Gently resigned rs special assistant
IiiNmlnt attorney hi tha ease, wnn tha
! tArat waktsNFH Called l,k fllN i1NNHt
The government based It's aloa fof
u continuance on the fact that not an
OF the defendgnts had been brought
within the Jurisdiction OF the federal
district court OF Indiana. and also 9n
the resignation OF Mr. Ssmms. Who
following MS resignatlons declared Ills
action was due to Instructions from
MIR. Palmer that certain evidences Ee
not used. These inFtructlona," Mr.
Simms stated, literally cut the heart
out OF the case"
NO TRuTH WHATEVER.
"There 10 no truth whatever ln
the atatement that an understand.
INC was reached while the attof.
ney.uenerat was IN indianapolis, ,that
evidence In the eoai conspiracy case
should be suppressed declared
Judge Anderson when the lnvestl
cation was begun Into "eartaln
Paimsr's connection With the coal
case.
"Thsre never was AZ any alns
during the conference TOT govern
rnent otsi1laia conducting the
reseeutlonl any supgestien msae
that evidence sheula be sup
Judge Andsrson's ASSERTION was made
following testimony by Ar. Simms and
Special Assistant District Attorney
slack who asked for o continuance of
the conspiracy case because the a0v-
efnnent ~, 's not ready e proceed.
telegram from the attorney general
saying he taIr Palmerl was "parO
Judge Anderson would recaii' the
understanding. Mr. Slfnms declared
there Is "ahaoiuteiy no foundation fnr
a statement like that"
WAS there ever any such nlrfaaA
mentf" asked Judge Anderson
No" HimmA replied.
Quoted In Waahlnatem.
The attorney general had been quoted
IN Washington press dispatches AZ
saying that an understanding had been
reached at conference hero Dee.
last year. attended by Judge Apderwon.
Atty Gen. Ppimer. MIR. SimmS Judge
g, H. Ainea. then aEst8tRnl to the a.
torroy- -renaral: District Attorney van
Nuys Mr. Slack aud Assistant Attors
nev-Ge-ernl Mitchell
Taking the stand. Mr. Slack denlea
that any agreement had been reached
for the Suppression Of "any evldencel
whatsoever"
Mr.. Slack declared ha had been ui&
with tim suggestion In various places
thar the department. % justice was mot
IN sympathy with these proaecutlonn
aud said he 4 not yet clear ON What
the attorney -gererstl expects.