ers shivered. , ,
As soon as the packers' case was called, Attorney James Sheean,,
special prosecutor for the government, jnoved that the writ of habeas
corpus granted by Judge Kohlsaat Tuesday be quashed.
He pointed out that the nine indicted packers never had been
in jail. - s
That they had not surrendered their baiPin open court, as pro
vided by law, but had gone through a mere formality in the mar
shal's office. . ""
And he claimed that a writ of habeas corpus could not be used,
in these circumstances. - .
In one sentence "of the petition' lo quash 'the indictments, the
government distinctly hints that Judge Kohlsaat did not know,
w"hat he was about when he granted the writ of habeas corpus to the,
"This writ," reads the sentence, "was issued improvidently, in,
ignorance of the essential facts fearing upon the propriety of enter
taining said petition."
Attorney Levy Mayer, for the packers was taken aback by this
obstacle thrust in front of his neat little plan to keep the Beef Trust
hogs from going to trial. t ,
He .told the court the defendants were ready to argue questions
of law, but not questions of fact.
.' He conceded that the "prisoners" merely we're turned oyer to
the marshal, but pointed out that his petition for a writ of habeas
corpus so stated. ..
Sheean began his argument m support of the motion to cfuash
the writs. J 4
And in the midst of it, Judge Kohlsaat interrupted to suggest
that, in view of the statement of the Beef Trust attorneys that they,
were not ready to argue questions of fact, adjournment be taken for
one- hour. '
This allowed the Beef Trust attorneys to study up on the new
move of the prosecution and prepare an answer.
pistrict Attorney Wilkerson submitted affidavits upholding
the contention of the government.
The adjournment was taken.
When the case was called today, the court room was crowded
Qrowded with lawyers, representatives of other trusts that might,
be the next to fact prosecution, and a few of the common people,
who wanted to see the operation of- the, clogging the wheels of
justice, when the same threatened a millionaire. ,
Edward Tilden, of the National Packing company; Louis
F. Swift, of Swift & Company; Arthur Meeker and Edward Morris,
had seats sidebjj ?ide, p -snt iiv,''rr' " n v s ' t ,
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