Press and daily Dakotaian. (Yankton, Dakota Territory [S.D.]) 1880-1889, 1888-03-14

Burlington freight, and the Grand Trunk
fell into line this morning, leaving the
Northwestern and Rock Island alone
keeping up the boycott. Judge Gresham
has announced that he will render a de-
cision in the Wabash case in the morning.
PROCEEDINGS IN COURT.
h Answer of the Wabash Catches the
o. Men Mapping.
CHICAGO, March 13.-There was an i'm
mense crowd in Judge Gresham's court
in the afternoon, when the case of the
Burlington against the Wabash was re-
sumed. Before the reply of tho latter
road was presented, the general manager
fled an affidavit incorporating a dispatch
sent by Chief Arthur 10 M. B. Burnham,
a member Of the grievance committee at
Omaha, i~nstructing him to see TIC: it that
no cars of the CO.. were hauled. Other
afidavits bearing upon the alleged re-
fusal of the Wabash to carry Burlington
freight, were fled, and then the reply
of Receiver McNulta was placed before
the court. 1t was a lengthy document.
He alluded to the circumstances under
which the strike was inaugurated on
February 81, and vent on. to say that
since then, gradually but slowly the road
had gone into partial operation, and in SO
doing had substantially employed all the
competent locomotive engineers out of
employment, who were not members
of the Brotherhood; that the Wa
bash had no quarrel with its
engineers, and being solicitous to
keep uninterrupted communication
on his road, no temporarily, on the 7th
inst, issued instructions for non-inter-
course with the petitioner. The in
structioEs he sent to Hannibal were that
no 20" freight could be handled except
it wss placed on Wabash cars, and taken
the same as local freight, but no Bur
hngton cars would be handled. Similar
I instructions were sent to Wabash agents
I at Quincy, Hannibal and Chaplin. Deem
ing these orders no longer necessary the
respondent had rescinded, on the 10th
inst, when he promulgated the follow
ing:
"All orders and directions heretofore
given by ma, or any officer, or agent, of
this road, which have bean understood as
limiting the interchange Of cars or traffic
with the Chicago, Burlington g. Quincy
railroad, or n of the roads in the sys-
tenn, are hereby rescinded."
He further insisted that he had no
business transactions, communications,
or conversation, with any one upon the
conduct of the Wabash road, except
with officers and employees, and
that he had not been acting
under the moral duress Of p.
M. Arthur or any one else setting
under his. direction. Furthermore, he did
not believe that the petitioner commenced
this proceeding with any serious idea
of resuming traffic with the respondent,
because that was insignificant and unim-
portant, bat that Ii a strike occurred on
che Wabash by reason of its taking CO.
freight, the latter Dad would nave the
advantage, rs 1t had a number of en-
gineers to run its engines, while the Wa
bash would be practically unable to do
any business. In view of the fact that
the Wabash was q competing line with
| the Burlington for business, it was to its
interest to cripple the road under control
of the court, it that Was possible, and
thus make up in part for the losses oeca-
stoned to it by the present strike, by get
ting a large share Of the Wabash bust
ness.
When the answer was read there was
q ftutter OF. excitement about the court
room, because it was apparent that the
reply was rather unexpected in the shape
1t had come, and 1t quite let the wind out
of thes sails of the other side.
MI. Dexter arose and said that the rea-
sons given in the answer were certainly
extraordinary.
The court asked Mr.. Dexter whatmore
he wanted than the assurances given by
the receiver.
Mr. Dexter said that they wanted more
than that. II want an order and an In
quiry into the causes that brought about
this affair, and punishment for CON
tempt
The. court thought the limit was
reached in taking care of the Burlington
lines.
MI Dexter, however, continued to ask
for more. and wanted protection against
q power which set itself up as being SUI
perior to the law and state. Further dis
~cussion followed, Lawyers Crawford and
Dexter and Judge Gresham partici-
pating. Mr.. Dexter commended that the
fun power of the secret societies should
be investigated, and urged that some
body should be punished for contempt in
interfering with the Wabash receiver.
Robert I. Lincoln replied In behalf OF
Gen. McNulta, and commended that he
had done all that could be asked to do.
He did not represent Arthur, he said, but
to ask that he should be punished
merely because his name was mentioned
in the petition, was an extraordinary de.
mand. Henry Crawford, who closed the
argument in behalf Of the Burlington, in.
sisted that the strikers were amenable to
the conspiracy laws, and said that while
no moral duress had been inflicted by
Arthur, the large industrial organization
OF which he was the head, had.put com
mon outlawry into dreadful execution.
Finally, Judge Gresham closed the dis.
cussion with the declaration that he could
punish ne one unless he had interfered
with the receiver. He would, he said,
| upon the face of the arguments, b. com
PEELED to dismiss the proceedings; but
before filing a formal decision, he would
look up the law and decisions treating
on the subject.
The Brotherhood men In attendance
were greatly elated over the judges re.
marks, while the ~Qounssiand oficiAls Of
the Burlington appeared to be earre
spondingly depressed.
INNOCENT MEN CONVICTED.
Belief that Stain and Cromwell Had Moth.
ing to DO with the Dexter Robbery.
NEw YORK, March 19.-The Herald
| publishes = long article tending to show
| that Jbavfd Stain nna OYfyaY (s.o,,r,a1n