New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-01-06
THE RAILROAD RIOTS AT ERIE-LEGAL PRO
CEEDINGS AT PITTSBURGH.

In the U. S Circuit Cour, today Jadye Irwin heard
tie arguments on motion, 70 show cause Why john MIX
rested for contempt Of Court in disreg.rding the 9an'
ton granted by TIE Courts in the Of the Buffalo and
State Line RailrNad versus The City OF Ere
Charles Shaler and A.W. LOmis counsel for the
Railroad. and Col. Black for the q, Tense
Mr. Spror the Deputy Marshal testified that he served
the injunction and notice upon kirkpatrick
Mr.. Shaler then read the affidavit OF Jeremiah Adams
that he Adems present at Harbor Creek the 2lst
December, after tbs process was served on kirkpatrick
among them Ira Sherman, 5 C. Stevens, Archibald Kirk
patrick John Jack, &C. who aided and encouraged the
crowd to proceed to exiremities.
la the evening meeting was held and resolutions
adopted signed by the citizens Of the township binding
themselves to tear the rails whenever relad burn the
bridges &c. The rioters also leveled embankments.
The affidavit Of John O. Deer WIS also read. Depo.
at Harbor Greek 2lst Dec, 10 or 20 rods Of
rails torn up by the rioters among vi were hirk
patrick. kendrick and Nelson.
L. c. Thayer, sworn-Deponent a as at Harbor Creek
the 2lst ana 2.d December. ab 90 or 10 clock at
night at the suggestion Of the Dire, 70 he went to Kirk
psck &C. and represented 10 them the position they
were in begging them desist, and stating the
quences kirkpatrick remarked they had gone 80 far that
if the Company were in the right tney the rioters were
not able TO pay the damages that would fall them
they were resolved to go on until the Company we're
forced to comp romse.
violations of the order Of the Court aud was about max
ng out order for the arrest Of kirkpatrick when Col
Black begged his Honor would delay the decision until
oclock when he would present aidayits showing that
the parties named were present Harbor Creek at
the time mentioned The Court deferred its opinion until
the hour named.
Superintendent Of the Erie North East Railroad to the
effect that after the injunction, Thomas Vincent Sheriff
of Ellie Co. John and Archibald Kirkpatrick, assisted in
euting repairs being made or the road since then
The road had been uptwo three times persons EN-
poyed in repairing the road have been arrested by virtue
Of ordinance passed by the Erie Councils on the war
rant issred by Justice Of the Peace and fined 500
each judgment being awarded by said Justice VINO gave
as reason for not obeyng the injunction, that the IT, B.
Court had jurisdiction over the case-tha s authority
was limited ~,
The deposition of L. c. Hayer also read that Tho
mas Vincent Sheriff and Il. Lawry, Deputy went to
the Office Of the Superintendent at Erie to iofod the re-
pairing and rebuilding of the road, as the Shern had
taken possession of it, and would bold until the N after
compromised settled Deponent sald 40 rods Oh
Uarlor Creek; heard the Sheriff tell the people he had
POSSESSION Of the road
James Love- of Maine, made affidavit that on 22d De
cember be was HarbOr Creek about zoo persons were
tearing up the track OF the Erie and North eastern Ra
road brakeman and five or six others came from the
cars near the crowd appearing to take note OF Tne
rroceeGincs; the crowd gathered around Mr. COihn
The brakeman and threatened him, whereupon he pre-.
sented pistol and fired and then retreated; the crowd
pursued him and his compositions and overlook one Jones
Knocked him down and beat him one man was injured 0y
pistol ball and another had his head laid open by pick
the party from the gave no ohene but were beset be-
fore they used force
Mr. Shaler then addressed the Cour uh' 'ne houf oi
recess -
At 2 O'Clock the Court redssembled After waiting
some time for the Counsel for the defense the cause pro-
ce ded without him The Counsel for the Road then pro
ceeded 70 prove that Archibald Kirkpatrick Ira Sheiom
and John Jack were served with articles Of Injunction to
which thew raid no attention -
The affidavit of Dexter Redge read by Mr. Shaler,
10 the effect that on 2ls Dec he present when the in
junction was served Kirkpatrick; he said he would
never suffer four feet ten inches gauge on the Erle ana
North east Railroad be put down Mayor King gave
orders for tearing up the rails OF the FRANKLIN KIN Sand go
Railroad arrested larbor Creek for repairing the
track heard Archibald Kirkpatrick say that four feet ten
inches gauge should go through as long as ne
could kick . Ira Sherwin and John Jack were az
Harbor Creek with wagons, plows and scrap
ers for the purpose OF eveling an embankment ;
the bridge in the township had been destroyed injunction
was served and aftew ard the track was torn up
twice before three times since the injunction was served
Kirkpatrick Sherman Jack appeared to be acting In con
cert inducing the people resist the reayng OF the rails
wtIess efeIrpenter had 10 repair damages at Ere
and Greek had been often interrupted that the
Company advised him to dess work Until they could get
protection. !, 1870,
process ard injunction Krkpatrick at -hrkpat
rick was at The schoolhouse at arbor Creekand Ira
shemn and John Jack at the same place about o'clock
John j. Tracy Mr. Thayer Mr. Reynolds, George Lee,
and r. Love testified to Illegal acts and threats on the
part of Kirkpatrick sherman Jack after the injunction
had been served and serving the Injunction Judge Irwin
said there abundant testimony that the injunction had
been d arded that this great contempt OF Court
His Honor made the following order:
And now wit January 9Th, 1854, satisfactory proof
having been made to this Court of due and proper notice
Given 10 said John Kirkpatrick Of the foregoing mention
and the Court having heard and carefully examined and
considered the testimony submitted touching the contempt
of this Court by said John Kirkpatrick charged in said
notion are of opinion and do adudge that said John
Kirkpatrick is guilty of breach of said injunction OF this
Conn alleged in said motion and that the said Court do
now here order that said John kirkpatrick for said oense
is committed to the jail of Allegheny County in the west
ern District of Pennsylvania during the pleasure OF SAID
Cont or until discharged by due course OF law.
His Honor also made the following on application to
place the Erie and North East Railroad III the possession
Of Marshal Frost to enforce the injunction,
CIRCUiT CoURT, L. S.-Western District Of Pennsylva
mia Buffalo and State Line Railroad versus the Clty oil
Erie and others, in Chancery.
liz appearing satisfactory to the Court thar = ana
divers lersons unknown resisting the luhc0h ana
msrdse of the Court in this by preventing the re
n,r and use Of the Erie and North east Railroad az mar
bor Creek and elsewhere is ordered that the Marsh DC
reoud 10 report TO this Court all such persons as may IN
terere with or rest the repair and use OF sad karoal
brdge and appurtenances, az EerOor Greek aua else
LeTe ard said Marshal be ordered end required 10 see
that the Injunction heretofore allowed IN tins cause Do en-
ST~ed Further ordered that the Clerk issue, under tue
seol az said Court mandate to the Marshal rsclng the
ord and commanding lin in all things faithfully ana
nromtaly TO comply with and perform ihe same
Martial Frost and Deputy SprouI leave 10 morro"
Morning for Erie, to fulfill the orders OF the Court
MARINE DISASTERS.
} Uor vrs UOrr Tuesday, Jan. J, lc04