The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-08-27
LABOR STRIKES.

BrickIayers Indicted for Conspiracy-The
Law on Strikes.
WHITE PLAINS, August 20, 1863
Az the commission Of Oyer and Terminer for the
county Of westchester, held here today, most i'm
portant suit was determined II was rendered es-
peciay interesting on account of Its novelty and its
final disposition will unquestlonably affect the action
OF strikes in time to come. The prosecution was in
stuted test suit to settle the right Of brickay-
ers to prevent nonstrikers from following their
avocatlon. The court which was filed by a number
or persons apperantly much interested In the
proceedings including master masons, builders
ana brlcKiayers, was presided over by Judge
Cochrane This was the first case taken
up and occupied the entire day. The prosecution is
at the suit of the people in relation to william NJ.
Dawson, young man about nineteen years OF age,
and the defendants are members of Brcklayers'
Union No. II. Of MOrrisania. The calendar having
been called
Jacob Van Nostrand, John J. Clark Alexander
Campbell Robert Savan, Benjamin Westerdeld Jr.,
James Moore, Michael DHren and Michael Kirby,
journeymen bricklayers and plasterers, were in
dicted for unlawfully forming themselves into a COM
binaton In the town of MorrIsania for the purpose
OF preventing other brckayers and plasterers from
working unless they belonged to the club. That by
the rules and regulations of the club 1t declared
work with any man who was not member
under a penalty OF SIS for the first time,
s25 for the second and expulsion for the third That
the rules and regulations further stated that the
members OF the club were prohibited working for
any builder or master mason who employed any per-
son not a member OF the said club The Indictment
further averred that william M Dawson, being de-
srous Of working at the trade of bricklayer made
arrangements in the month of August, 1867, with
D. han fytitl rtnf hA into
his employ ment. but that the defendants would not
work with him nor for any person VINO employed
him. That the defendants refused to work for Dun
nam because he tDawson) was not member of the
club. That by reason OF such refusal Dunham was
compelled to dismiss the said Dawson, to his preu-
dice and loss and the obstruction Of trade and voun-
tary labor
Messrs. W. B. Angel and L. F. Chatneld appeared
for the prosecution, and Messrs Dycknan and Her.
ring were counsel for the defendants.
Mr. Angel in stating the case, said he was glad to
remark that IL seldom 1t was found necessary TO
bring such causes before u jury. The defendants
were indicted under the statute common law, which
| provided:-"Ir two or more persons shall conspre
either to commit any offence or to commit any act
Injurious to the public health to public morals or to
trade or commerce, or for the perverson obstruc
tlon OF justice or the due administration OF the laws
they shall be deemed guilty OF a msdemeanor." The
defendants belonged to an association that had been
formed in the town of aorrsania called ''The Brick
| layers Benevolent and Protective Union" II was
| branch of the national organization, subject to
ITS authority, though having local constitution OF
its own. Counsel read section two Of the constitu-
ton, which set forth the chief objects OF the Union,
| showing tnat ltS was directed to obtaining by
legal means fair remuneration for their labor and
to assist each other In buryng all brother members.
SO far as these objects were concerned there could be
no possible objection to the organizations; but when
they ATTEMPTED to Interfere with the general business
OF the community 1t was time for the law TO to
IL. The rules and regulations OF the Onion forbade
1 any employer from engaging any men except those
belonging to q certain class. For instance article
eight SCI set forth that no member Of the Union should
work with non-member and the number Of appren-
t1ces allowed to an employer should be two. Having
dilated upon what he commended were the evil re-
crlto nf arfr0 lions a.vn1
narrate the facts, as fol0ws-The complainant lived
| in Morrsana. and was the son OF Mr.. H. b. Dawson.
Anxious to have him taught some honorable employ
ment, he went to work as q bricklayer with Mr..
Durham, builder, with whom he was to remain and
learn MS trade. But the other workmen, some time
| left. In order to procure hands Mr. Durham was
| obliged to discharge this boy from his employment.
The subsequent features Of the detailed in
the subjoined EVIDENCE
TESTIMONY OF II. B. DAWSON.
| Mr.. H. B. Dawson, In reply to Mr.. Angel, stated
that he resided in Morrisana for about seven years.
| the complainant was his son and was now nineteen
| years Of age; an arrangement was made between Mr.
| Durham and his to receive instructions in the
| business Of o brickayer and mason until he became
OF age; the agreement, which was verbal was, that
MIR. Durham was to teach his son, give HIM dol
| lar day and increase his wages according as he
progressed his son remained with Mr.. Dunham
about three months commencing In the early part or
September and ending IN December; from what Mr..
Durham told witness the latter knew the reason why
his son returned homes knew the defendants, as well
as the bricklayers' union with which they were
connected; was present at their meetings and had
/ COnNerSeu
ment OF Mr.. Durham witness called upon the Presi-
dent OF the Union and asked II the distractions
would not be removed; he received letter from the
Union acknowledging the receipt OF his letter. upon
which 1t resolved that his son could not learn
the trade Of mason without being regularly linden.
tured TO until he would be twenty years OF
age; and 1t was further resolved that he had one
week to have the indentures made OUT unless he
acquiesced in those rules no Union man would work
with him; the letter added that there was another
rule which the Union had established. which
was that the indentures OF his son would
approval and to be recorded their books, signed
John J. Clark, corresponding secreary witness had
no subsequent communications; had previous verbal
communications with the President; witness did not
reqember making any further effort TO obtain en-
pdyment for his son after he was sent home by Mr.
Durham. on cross examination by Mr.. Dyckrnan
the witness stated that he never made written
| agreement to have his son indentured to Mr. Dcn-
ham; there was merely q conversation on the sub
ject; nor was there any time fixed when the nden-
lures should be made; witness requested Mr.. Dun
ham 10 make out the articles OF apprenticeship, but
| they were never completed.
To Mr. Herring-When conversing with the Presi-
| dent OF the Brcklayers Union u Eorrisania 1 re-
quested him to use his influence TO have the dIsa-
bilities removed, to which he replied In the arma-
tive; those disabilities, which related 20 my sons
age, were removed; had several conversations with
Mr.. Durham with regard to drawing up the articles
Of agreement. Did not recollect Nh Durham saying
he was anxious to have his son Indentured.
Re-direct-After the civil SUIT against certain
| members OF the Union In which Judgment was
obtained, my son was sent back TO Mr.. Dunaan, but
his services were not required.
| Counsel then proceeded to read letter which the
witness wrote To Mr.. Frank y. Garvin, President OF
| the Association, after his had left the employ
| ment Of Mr.. Dunham and to which communication
| the letter already mentioned was the reply. Mr..
Dawson, referring to his son, wrote that alter he
| had entered the employment OF Mr.. Durham he en-.
| tered into an agreement which was perfectly salts
| factory to both. by that agreement his son was TO
| remain with Mr.. Durham until he was twenty one
and perform all the duties OF good apprentice. Mr.
| Durham was to cause him to be thoroughly instruct
| cd In his trade as mason In all it, branches
| and to ut him to discharge his duties as q first
| class mechanic. 10 had been brought to his
| knowledge very recently that the society had
adopted certain rules which, irinsisted upon would
| prevent the proper mlnment OF the agreement on
/ either side, while they would also prevent us son
from receiving that instruction during his appren.
ticeship which was necessary to make him nnlshed
| workman. Thus he (Mr. Dawsonl was tod mat
unless his son was obliged TO serve four years he
would not be allowed 10 work except with 'scabsy'
| yet he was taken by Messrs. Campbell a Wester-
| welt as an apprentice when that was Impossible
| withnnf nhieciinn II was only nltcr eight months,