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Show li PACKERS TO ASK i FOR HEMIC! , M CHICAGO, Doc. 20. Formal notlco . that tho defense soon -will present a i motion to have Judge Carpenter In- iV w struct tho jury to roturn a verdict j A finding the ten Chicago meat packers &k charged with criminal violation of tho , HCT Sherman anti-trust law not guilt', for S mm tho rGason that United States DIs- 1 fit trict itorney Wilkerson failed to ll mako out a caso in n,s opening state- j (fL merit to tho Jury, was given today by , ' U Attorney Levy Mayer at tho opening I 3p of the afternoon session & At the same time Attorney Maver I i' moved to dismiss counts 2 and 3 or ! 'A thq indictment because they do not I Iffil mention the National Packing com- 0. k Jiany, which the government contends I w waB tne mEtn,ment used in fixing the 0$ prices of meat, and to have tho Jury & instructed to disregard certain other allegations made by District Attorney i Wilkerson aa not coming within the 'Ethreo-year period covered in tho ln- fdictment. f The action of tho defense came as i aa surprise to tho government and K paused Judge Carpenter to adjourn r Juntil 10 o'clock this morning, when he I v- -, awill rnlo on the motions J L' ""Counsel for the defense have j agreed to present three motions," said j Attorney Mayer. "The first Ib to have BL j .the case taken from the Jury, for the Hn reason that the goiornmont's opening Hr 1 sfatement has failed utterly to mako M I & ' cut a case unacr the fie counts oi thp indictment "We will defer the presentation of this motion until sorao later date, because be-cause it goes to the very vitals of the case and is bj far the more- Impor-tnnt Impor-tnnt We shall suppo'.t this motion with the recent decision of the United States supreme court In tho cases of tho Standard Oil and the American Tobacco companies "It is the aigumcnt of the government govern-ment that Ihf National Packing company com-pany constituted a cloak by means of which Ihe packe-s continued the fixing fix-ing of prlcs and the regulation of their output which ha 1 heretofore been nccomp'iched by a pool Therefore There-fore (he government on Its own tho-cry tho-cry seeks to lecovor a erdlct which must bo baced on facts and circumstances circum-stances trowing out of the oporatlo'i of tbo Notional Packing companr pro reding the three- enr limit covered bv this indictment If thore bo eliminated elim-inated all the facts and the circumstances circum-stances of tho National Packing com-panv com-panv for tbror voars bocinnlng In 1907, theie would be no shadow of a caso to go to this Jury." |