The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-08-16
DONAHUE THE STRIKER.


FOR JUDGMENT AGAINST HIM--ADJoURN-
MENT TILL TOMORROW TO ENABLE coUN-
Sell TO FILE THEIR BRIEFS.
The hearing OF the case OF b. j. Donahue charged
with bong the principal the recent strikes on the
Erie Railroad ~ Hornesve, set down for yestcr-
day before Judge Donohuc Of the Supreme Court Al
the appointed hour there largo in attend
ancc made up mostly OF members Of the BREAD Win
ners' League" present among whom was Justus
Schwap, the so-calcd champion Communist
Of this city. Donahuc put in prompt
appearance, but looking none tue worse for
his temporary sojourn In Ludlow Street JAN. He
chatted quite gayy with his counsel General Roger A.
Pryor and exJudge William NJ Curtis and the ihrong
OF sympathizers who gathered about him. MessrS
Joseph LarocQue and A. vandcrpocl counsel Tor Mr.
Jewett receiver OF tho Erie Railway Company, were
hand tho legal prosecutors tho case The pro-
ceedngs, Will be scen, Of brief DURATION and
did not roach any final adjudication.
AS will be remembered, alter Donahuo pu, 10 ploa
OF not guilty to the charges preferred against him.
three days allowed tho prosecuting counsel TO
flo certain heterogeneous, and ten days additional for
putting IN answers to them. On tho opening OF the
court yesterday General Pryor took first
explain why the answers were not died. This expla
nation, he said, fully forth protest by Don
ahue, which he proceeded 70 read. as follows:-
DoSAnUEs PROTEST.
his s ,s % 10
its lawful orders aud mandates nevertheless advice Of
tiens ned herein BY the Isa:s and ground and us.a
ss au linn Co sre ad
invalid and Of no obligation because w y
tue 81 Newt
no person shall be compelled in any criminal case 70 be
.seondrrhe respondent not having requested to be
< 1900 xhsI pISvdss ;Sst "a III ssinns ptssssdlnss
deemed conpstent witness
protesting saSs 10 declining answer sa% In
to this honorable Court or any Of its lawful
orders mandates bu. means only assert right and
State. he is advised BY counsel ana verify believes
p,iyesees ds.llowed md rsjse.sa BY .hs Goar,
make imp ediaS answe to such Of said AS by
rH1sA MOVING FOR JUDGMENT isI ~
Mr. Larocque insisted that this protest too lnic
and asked that, nsomuch the in,errogatorics
ordered to DO answered and had not been, judgment
be declared against tho prisoner. Quite long dis
cussion ensued on this application. Mr. Larocqus
said that they did not intend TO take Affirmative
action against the defendant because he Dad not put IN
answers to the interro2atorics. allN ar4N T.
Judge Donohue--Do y0u hear thatY rttt
General Pryor. don't ask any favors. was not
ready when tho order presented Tor ding the In
terrogatories was not consulted as 10 the form Of
Judge Donohue--l did not say you were The fact
that The nterrogalorics were to be deposited and an
gwen stated In open court In your presence,
aud objection was inadc Oy you. II is AN entire
waste OF time to go on IN this way and any argument
out OF place. Counsel has stated II again and again,
and they don't say you arc compelled to answer Nfsf
General Pryor,-Wc are here upon this order and de-
cline the nterrogatorcs and INQUIRE OF the
Court what papers arc before the CourtY ll.ft =.
Judge Donohue- for them to make samc mo.
ton. You decline 10 answer on the ground that the
statute does not compel you to answer lItE' NJ
Mr.. Larocquc--Your Honor found this was sufficient
to put the defendant 70 an exp anaton and to parge
himself OF contempt. He has declined to answer tho
ogatorcs and the stands wnere II did
at the last hearing We submit the only point Is Tor
your Honor TO nflict tho punishment upon this do
fendant-not punishment for any crime nc may have
committed under any statute, or any injury he may
have done to corporation winch was for period under
the control OF u receiver appointed by the Court but
simply for the oensc OF having ds0beycd the order Of
the Court under tho receiver What punishment
is sufficient under tho circumstan to vindcate the
majesty Of tho Court IN inc natters The question
simply now.s what punishment Your Honor sees 1T to
impose upon this defendant for the reason that nc has
treated with dsrespcct orders of the Court. II has
been proved that lie has obstructed an officer OF the
court IN carrying out the orders Of the Court, aud
that is Tho offence for which Your Honor is 10 impose
punishment upon him.
THE CASE ADJOURNED. W
General Pryor-Ihc question IS as 10 ais guilt upon
the case exhibited by the prosecution submit he is
sustained upon the original xftdavts. lrcquest Your
Honor to decide whether we argue the case 10 the
original aldavs or as 10 tho papers that have been
put in additionally. nas a. .sa .ss..s.I. RI ft
Judge Donohue--Argue 1t as to both. aa
General Pryor. ask Your Honor TO adjourn tho
case until Tomorrow some other day in order 70
give US an opportunity 10 answer upon the additional
papers
day az possible, and hand your brief, aud
call upon me to stay here simply TO hear this case, a.
II IS the only thing that keeps me here, and atm
anxious TO get out of town. ffi
General Pryor-Yes, hut the man Is a prisoner ~
judge Donohue--- That is the very thing The pris.
oncr the real sufferer, and his liberty ought to DO
taken into cons deration. rtA ~
Alter conicrring with Mr. Larocque, General Pryor
and cx-Judgc Curtis agreed 10 the down Tor
tomorrow morning, when arguments In bret form
viii DO submitted. This motion having been thus sat
isfactory settled tho crowd Withdrew from tho court
room and Donahue was taken back TO Ludlow Street
jail Fl. b. ...... p