Show TECHNICALITIES V BRUSHED ASIDE Failure f the Plea in Abatement Of or Offered V V by the Beef Packers P DEMURRER WILL V DEFENSE TRYING V HARD TO TOA AVOID A VOl D A TRIAL TRiAL Sept Fee Jud J JFred CHICAGO C j Fred J Humphrey toy tou sustained the Ule demurrer filed by United States State District DI Attorney Morrison Mon to the plea in abatement made by packers seeking to have for alleged restraint of trade declared void Judge Humphrey Humphre said sid he made his hi decision on Oil broad grounds without taking Into consideration technicalities t which the tb government advanced against the plea in abatement It I Is 8 likely that the Jury jUt for tor the trial triai tr l wil be drawn about abut the middle of Oc tic October tober V VV V Tried to Amend Their Plea After the decision had hd been given the defending attorneys tried triad to t amend the V fourth plea by the insertion of the word for Title This met with lh resistance from the t district attorney but the court crt promised that tu t if I the law was ws clear olear on time the point be he would allow 10 it The gov government j ermet it is ii said sid to tear fear fer a trick tic in the te V insertion of the one word The district t attorney moved motI that the time defendants defendant V plead to the Indictment It I was WW an announced announced announced that a a demurrer Is I to b be SHed by the packers attacking the tho Lace face te of or orthe V the entire entre Indictment as far as a defects and insufficient allegations are con comi concerned COi V V Will Wi Plead Next Thursday The defendants were ordered oree by the te V court to plead next Thursday morning the pleadings to be taken up on argument ment before Judge Humphrey by b the following Monday In the meantime a abill abi abill bill bi of exceptions is to be prepared by bythe bythe the defendants defendant to the ruling made by b Judge Humphrey Humphre today Exceptions ons were taken by all nil of the time the courts ruling on Ott every enory count in inthe Inthe inV the plea This was wa for to purpose of ap appeal appeal appeal V peal after the trial trial One of the points pints in hi the time pleading which attracted considerable attention and which the court had imad declared delare had lUil given him difficulty was as in hi il re regard gard to the rights of Judge S H Be Bethea Bethea Bethea thea to receive the return of ot the in indictment Indictment Argument of Defense It I was argued arged by the time defense that he hea hewa heas wa a as sitting in the eastern division of ot the northern district distrct of Illinois and re received received received an indictment voted in the north northern ern era division of ot the northern district dl of ot r Illinois The district declared I that if the law of March 3 1905 which I created the position now held by the I judge jud e and also rearranged the district was construed coq t his ht contentions there was rf and amid there the was ws WS no at atI I judge and there thore was no return of the I Indictment iu V Sprung ur ure er V The e court cour surprised almost every even ee one in iii court Murt hO he 4 from Pie I message mes e in the Congressional Record of last November in It I o ItI which it is declared that Judge Bathes Bethea I was appointed as a successor to Judge Jud t C C Kohlsaat promoted from the dia db court to the circuit court cOUt This Them promotion gave gaye Judge Bethea the right to accept the return of an a indictment indi voted in the old district t |