Show BEEF PACKERS FILE NEW PLEAS PLEA Claim Immunity on Account of th the t Garfield Investigation REPORT IS AGAINST THEM THER TH SPECIFIC POINTS OF SPECIA SPECIAL PLEAS PL AS IN BAR BARe BARC Oct 28 Declaring t at e C j testimony the packers were wr w e com compelled to produce pro before betori the sec C r tary of or commerce and anH an labor ww WY li used by United States Stat District AtLo ri y Morrison in obtaining an indict indictment merit ment against a the packers and log ing that inasmuch as a the sane same me l issue as mentioned in the indictment wr welP raised and disposed of in an InJunction tion ion t writ issued ill by hi Federal Judg the rackets who are untie undo indictment here charged S Illegal conspiracy today again aIn th thi famous beef trust pro proS S Cf A special plea in bar and ai an additional special plea in bar were wen flied filed by counsel counse for tor the packers Th The latture of the special plea was wa a aur uv prise Tise to the government officials al although 1 though they were aware of what would be bt pleaded in the additional a plea tin thi Issuance lS of ot an injunction by Judge Judg Judgil l Uros eu Incriminated Themselves r The special plea sets up concerning concern InS investigations by b the com corn commissioner missioner of corporations corpor and alleges allege t that the defendants were compelled t to testify and to produce certain books book and other data and that thereafter th tIti the matter wa wan submitted to the of lit the United States and finally to thi the Tailed States District Dl Attorney am and that the district attorney used the ma trIal in seeking indictments against the defendants ci Because ulle of those tho e al all alleged l ged facts the defendants ask tha that the indictment be dismissed dI Grosscup Injunction Regarding the tho GrO injunction the th plea filed flied today maintains that bj by bythE b the prosecution of the injunction ant and the entry of a final decree for the su supreme u preme court the said United Stated State Sta tee of or AmericaS America did finally and antI fully tully elect to tf pursue that remedy and ad not tt ti to prosecute these defendants respective for ft r or on account of the said sahl engaging In Jn the supposed which is In said 1 indictment mentioned or ot any or either of ot them and ana that ol ot this thi they respectively put J upon the country countr Resolution of Congress The ecial plea in tn bar br lr declares that thc tot Fit eighth congress congro eon of the United States tat s passed pa a revolution resolution directing th thi secretary of commerce and aa labor t to investigate the cause c of ot the low Y price S in iii 1 be e and ad the t alleged unusually unusual 1 luge en prices price and ad thc cost coat cot of ot dressed dr w at t t le pc the eon wn unter f The secretary letl directed the com cm of oC corporations to make mke a cl i investigation which it i is alleged al in the lm lie he 1 did Ill HJ His investigation t Among oth oh other r things B the transactions matters and ad things aver averred rod red In the indictment This Thia investigation tion was vai aK pushed in the Ule following cities among others Chicago Chico South Omaha Kansas City Mo tu Io Kansas Kans City Kan Ka Sioux City Fort ort Worth St 51 Joseph Oh Los Lo Angeles ana Od East E St St Louis Lu Then It i is l al aI j Compelled to Testify On March i 7 11 and on livers divers dior days das and before the finding of the the indictment the defendants a athe athe athe the aforesaid mentioned places place and at Alters lErS vers other cities clUe at the instance dt dl v tion ton requirement and compulsion km o othe 4 the commissioner t of 01 corporations did attend before him and testify with wih re respect r peet to the divers dh n transactions mat tern tors and things directed to be b investigated t gated gatEd These Thes defendants further say sar that C on March 3 It and divers days daya there afterwards the commissioner reported tho timi information so gathered to the pres president ident of the United Dule States State and em cm embodied embodied bodied In a 8 report containing 31 l pages entitled tHed Report of ot the er of If if Corporations on the Beef Ber Industry f This report is filed as a Exhibit A and is made a part pt of the pleas Report Used to Prosecute Then hen it is alleged that on 01 March arch 20 O 1 I the report was wal furnished United States District Attorney Bethea Bethe in Chi ago age l and that the facts contained as a by the commissioner of corpo corporations CI corporations rations were used use by the district at attorney attorney torney torne and by the grand jury jUr In con conducting conducting ducting the investigation resulting in Int t the tho return of the Indictment by the special I cial a 1 grand jury and were also used ul u ed edIn in preparing and searching out other evidence used against the th defendants and are now being MIlA used U to search out outI I to be b used in the trial 1111 of oC f the tae l ef eases cases The special plea concludes 1 the following statement Claim of Immunity a And this defendant avers aver and sub submits nits mits mis that under and ad by the laws lawa of 1 th the United Unie States State in this thi belief be because b because cause aus of or the premises aforesaid title this defendant cannot annot be b prosecuted or sub lub to any an penalty naly or forfeiture for tr or on account of or the respective trans ai matters maten or things thing or any or cither of them which are in said sid in b or any count thereof In that behalf mentioned and charged cha against e this defendant in manner and form for as I same are In said Mid indictment and in the Ule respective counts thereof charged char against the defendant Wherefore h h lie prays judgment jud ment and that by the court cour he may be b dismissed and arid discharged dl hare from said Id premises hi hl said indictment and aDd express count t PS lof of specified Another Special Plea l Samuel McRobert agent a ont ot of Armour Co 0 filed fled a a separate a special petla 1 plea In chich he seeks immunity because he lIe testified before the grant grand Jury jur which afterwards returned an indictment against him Under a federal statute it i Is alleged no person shall be b pros pr prose i t lUtt in the case ce in which he testified u if i he is compelled to testify against himself This Thi plea plea is held to be b goodby good goodby by many and although it I will wi be vigor vigorously vigorously attacked by the government it is declared there is i i a likelihood of ot the quashing of the th Indictment in hi the ease case I of McRoberts The other pleas are ar not nt held to be b of great gret Importance by the government government District Attorney y Mor Morrison Morrison 0 rison has not yet decided what action m to take in n regard to t them t I |