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Show ISURPRiSE SPRUflfG fW PACKERS' GASE Defense Gives Notice ol Ao-uon Ao-uon io Have Jury Return . Verdict o!: Nof Guilty. LAWYER GIVES REASON Motions Also Made to Dismiss Counts Two and Three of the Indictments. CHICAGO. Dec. 20. Formal nodes that the dfifnfij soon will preacnt a motion to have .Turtle Carpenter Instruct tho Jury to icturn n. verdict finding the ton Chicago Chi-cago meat packer., rhargetl with crlmj-nal crlmj-nal violation of the Sherman anti-trust law, not guilty for the reason that I'nltcd Sta4.s District Attorney Wllkcrson failed to make out a ease In hla opening statement state-ment to the Jury. wn.i given today hy Attornev Levy Mayer at the opening of tlx- afternoon !o.lon. At the same tlmi Attorney Mayer moved to dlhinlys count. two and three Of the Indlomient because they do not mention the National Packing company, which the government contends wa? the Instrument used In fixing the prices? of meat, and to have the Jury Instructed to dlsrccar.i certain other allegations made hv District Attorney Wllker.on o. tiot coming within Ihe throe-year period covered In the Indictment. Government Surprised. The action of the defense, caino as a surprise to tho covcrumenl and caued Judge Carpenter to adjourn court until 10 o'clock tomorrow morning, when : he will rule on the motions. "Counsel for . the defendants have screed to present three motion.'." paid Attorney Mayer "Tho first I. to have the case taken from the Jury, for the reafon that tho government's opening statement has utterly fulled to make out I a cape under the five counts of the In-"We In-"We will defer the presentation of thl? motion mil II some later date. bocau5e It cocr 10 tho very vital? of the cane and is hy far more Important. We shall support sup-port thin motion with I he recent decision of the I'nltod Staff; supreme court In the cases of the Standard OH and tho . American Tobacco companies. , Claim of Defense. "It Ih the argument of the government that the National Packing company constituted con-stituted a cloak hy means of which the packer continued the fixing of prices and the regulation of their output which had heretofore been accomplished b a pooL Therefore the government, on Hp own theory, seeks to recover a verdict uhlch must be based on facts and circumstance;; cir-cumstance;; srov. lug out of the operation of the National Packing company preceding pre-ceding the three-year limit covered by this indictment. If ihero bs eliminated all the facts and the circumstances of the National Packing company for three-years three-years beginning in 1P0". there would be no shadow of a case to go to this Jury. |