Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-05-16

States against Chambers & Mckee, Campbell
and others for the sum of 5000"
Mr.. Lyon-Stay moment II Your Honor
please We object. He has stated that this
meeting was on May 8 since this suit was
brought, and it is not proper evidence in the
present issue.
BY Mr.. Kennedy-we want everything to
Mr.. Lyon-There is no disposiuon on the
part OF the Government to prevent any proper
evidence being brought before the jury, but if
new, tne witness S ,, VIII submit the minutes of the
see that II is not in order az this time
Here Mr. Cake submitted the minutes to
Judge NICK ennan, who said: "well, that cer-
tainly has good deal Of Significance with the
court but can't say that II has with regard to
the matter before the jury"
HEARD BY A WITNESS.
Henry NJ. Billiten. the next witness, testified
that in the spring of 1889. while at Jeanette at
tending sale Of lots he overheard Mr.. Cham
bers telling MIR. Heller, in joking way that
when his works were completed he intended to
import glass blowers to operate them.
William Cunningham, ST., one of the men
who came from Sunderland, was then called
by the Government In answer to Mr.. Lyon he
said: He was glassblower, and had lived at
Jeanette since April. 1859 leaving Sunderland
March 29, lSS9 He attended meeting of the
Sunderland assembly about a fortnight before
leaving. He purchased and paid for his ticket
and that of his son, paying f10 Ss. for them.
He mortgaged his home to raise the money.
O. What did you do when you arrived in
Pittsburgh A. i went TO see Mr.. Slicker at
his works. After saw him knocked about
town until we started for Jeanette.
@. Who paid your fare to Jeanhettef A. 1
paid the fare of myself and son.
O. Did you have any understanding about
wages before you startedf A. Not thing; l
knew the men were getting more than we were
and We thought ii advisable to come ane risk 1t.
@, How did you know that? A. Because we
were short of work in England, and they were
running full In America
William Cunningham, Jr., corroborated his
fathers testimony.
WHAT HE WAS TOLD.
Isaiah Clark, glass worker in the employ of
Chambers & Mckee, was then called by the
Government and stated that at a meeting of
his lodge in Bellefonte, before his coming here,
he had a conversation with James Campbell in
regard to the tank process, in which the latter
held that 1t was better for us to favor 1t as it
was an improvement and something progress
sive than to make trouble.
James Smith, the next witness, stated that he
had come from Sunderland, England and had
gone to work for Cunningham's, but would not
admit that he had come over under contract.
next took the stand, but denied in toto, upon
most stringent examination by Mr.. Lyon, that
he had any understanding with anyone pre-
vious to his leaving England as to what he was
to do in America, or tor whom he was to work.
He had paid his own fare. and had no under
standing until he was hired by Mr Moore, the
manager at Char bers' works, when be reached
Jeanette.
James Campbell was then recalled by Mr..
Lyon and examined in regard to the statement
he had made and sworn to before Mayor Nc.
Calm about year ago. He admitted that the
statement was correct.
Mr. Lyon then offered in evidence all the
articles read by Messrs Campbell and Cake.
BY the Court-For what purpose are they
offeredf
Mr.. Lyon-To prove that these declarations
were made by Mr.. Campbell who isa defendant
In this case.
BY the Court-Have they anything to do with
the allegation that Charles Ford was brought
over here from England under contract made
by these peoplef
BY Mr.. Lyon-well, 1 guess it Is admitted
that Ford came over with the rest Of them.
BY the Court-But you don't show that they
came over under contract
DIDN'T THINK 1T NECESSARY.
Mr. Lyon-It is not necessary. AZ l take II, to
show that n contract was made, II you show
that an inducoment was held out TO these peo-
pie TO como TO Jeannette.
BY tho Court-It all rests upon the declared
illegality OF contract to induce these people
TO come here. A person may go any place, and
by fair argument Induce any person to come to
this country
Mr.. LyonEThe act Of Congress under which
tho Information is made, reads; section B.
That Tor every violation OF the provisions OF
section ! OF this act-which prohibits these I'm.
person, partnership, company
or corporation violating the same, by knowing
ly assisting, encouraging or soliciting the
migration or importation OF any alien or aliens,
foreigner OF foreigners. into the United States,
Its Territories or the District Of Columbia, to
perform labor or service Of any kind under
contract or agreement, express or implied.
parol or special, with such alien
or aiens ,uIn foreigner .sdsn, foreigners
United States, shall forfeit and pay for each
such offense the sum Of 1000, which may be
sued for and recovered by the United States
or by any other person who shall bring his ac-
ton therefor, including any such alien or for
eigner who may be a party to any such con-
tract or agreement, as debts OF like amount are
now recovered in the Circuit Courts of the
United States; the proceeds to be paid into the
Treasury of the United States; and separate
suits may be brought for each alien or foreigner
being party to such agreement or contract
trict Attorney of the proper district to prose-
cute every such suit at the expense OF the
United States"
SUDDENLY INTERRUPTED.
Now, IL our Honor will notice, there is evil
dence here which, from beginning to end, shows
an implied contract. 1t shows that an induce
ment was held out TO these men. It
BY the Court-Do you think the Congress Of
the United States has power to punish man
as criminal who shall advise another to go
from one country to another in order to better
his condition. II you do, then you must hold
that the Legislative branch of the Government
has n right TO do what Is @ plain. out-and-out
infractfon OF TIE Constitution Of the United
Mr.. I,yon-The theory Of the case is that
Chambers d Mckee indirectly entered into q
contract with these people through series of
agencies.
witnesses called on behalf Of the Government
that they didn't mako any contract at ALL Do
you mean to ask the Court TO instruct the jury |
10 find verdict against the defendants in the |
Mr.. Lyon-we have never charged that there
was anything OF that kind. We undertake to |
prove that by subterfugcs and In an indirect |
manner, and through tho agency OF this organ |
lEativn, they have done that which tho law says |
thoy cannot do ~ porson, and wo |
hold that whom they authorized these agents 10 |
4 70 ,ssy ,Snsd INA rHSs dons Il thecvs ' " ''A0'o
By tho Court-Yet you attempt 10 provo Il by |
tho people who swear themselves that there |
was netting Of tho KIND. Do you think there
como 10 this country In order TO better his con. |
ditionf
SEES NO CRIME IN IT.
Mr.. Lyon-Weil, morally there may not bo q |
crime, but
BY the Court-No, there is no orime In Il |
either morally or legally. No. sir.
Mr. Lyon-Well, It may not be D crime; Il |
simply provides for tho forfeiture of $1,000 In |
each oifense of its kind.
BY the Court-It Is q quasi criminal penalty. |
don't think they have reached the point of de. |
clarng that crime In the United States yet, l |
don't think they have come 10 hold that per-
son advising friend that his condition would |
be improved by coming here is guilty of
crime. don't sec, In this case, that Congress
has assumed TO lay q penalty for that
Mr. IyOn-We have simply charged them