Telegram-herald., 1891-06-05
is "SCAB' INSULTING F.?
That Was the Leading Question
In Wilson's Case.
THE JURY HAD no DOUBT ABOUT IT
Donaldsoa's UBiqus Expert Testimony
Westfan Rams an AmssieAn Court
The Usaat Routine OF Police
Court Proceedings

Every available seat in the police court
was occupied yesterday With interested
spectators. 10 witness the second trial
OF Bert Wilson for applying the eplthet
''scab" 10 street car drivers and con-
doctors. IL required no great amount
OF conjecture 10 reach the conclusion
that the major portion of those present
were strikers or their sympthlzers.
There was a prospec. Of being well
entertained, by reason of the fact that
the case in question was an important
one, and tho final disposition of the
matter will decide whether or not the
word "scab," IN the sense used by the
strikers. can be classed rs insulting, ln-
decent and improper language, thereby
making II legally a mlsdemeanor and
breach of the peace. Other cases alb
sorbed the entire forenoon session. and
the ease of Wilson's was not reached
until the afternoon. The jury then im-
paneled included the following gentle
men: Charles Il. Sigh. Sidney +.
stevens, l.. +. Hawkins, Adolph Leltelt,
Jr., j. Boyd Farmland ana c. +. Olney.
Foreign Testimony Don't Go.
A number OF Witnesses were put on
the stand by the prosecuting attorney,
To- show that Wilson Was the only per-
son IN . crowd. of 400 or 900, who
shouted "scab," when he rested his
case. When the invinclble Donslds on
| opened his side there was perceptl-
| bic flatter of excitement IN the court
room. He did not make much effort
/ To controvert the evidence introduced
| TO show that Wilson had actually yelled
"scab," but by expert testimony at
mpted to covlnce the Judge and jury
that the word "scab" was not an
indecent eplthet. He tried to
swear an Englishman recently from
London to show that the word had
been used there since time immemoriai,
as applying only to an lnterloper, or
| person who had taken the place of
union or organized labor, when out on
a strike, but Judge Westfall lost no
time in sitting down and on dismssing
the witness, saving as he did so that the
case was being tried in an American
| court of Justice, and he did not care
what the definition of the word was in
England. This slightly daunted but
did not crush the voluble Frank, and
to get even he called a German brewer
TO the stand to show that the Brewers
Union used the word on printed labels
and did not consider il indecent. City
Attorney Carroll interposed few ques-
tons, after the gentleman from Faith
erland" had defined the word "scab,
asking the witness what the word meant
according to his judgment, and he re-
piled that u "scab was scab and that's
all"
Mr.. Donaldson endeavored to induce
the Judge to quash the case on the
ground that the bill of complaint
charged Wilson with shouting ''scab" in
the plural, when the testimony showed
that he used the singular, but Judge
Westfall could not see 1t III that way
and denied the motion. 1t was nearly
8 o'clock when the jury retired. The
jury soon returned with n verdict OF
guilty, and sentence was deferred until
today.
The Daily Grind.
The first case considered by Judge
Westfali in the forenoon WAS that OF
Harry Barnard, who was arrested by
Human Agent Kennedy for making in
su!tlng and improper remarks To nun.
1t appears that Barnard has cherished
grudge against the above named OH
Ger for some time and has awaited hIni-
self OF every opportunity to vent he
| spleen. He tried 1t again "Wednesday
evening. for which otfense he was ar.
rested. Barnard pleaded not guilty 70
the charge of disorderly conduct and
his examination was adjourned 10 June
Is.
Walter English was charged with OBJ
! structing a street car on the east end OF
Bndge-st. bridge. He entered n plea of
not guilty aud MS trial was set tor June
| II.
Del. Babcock. charged with breach OF
the peace. waived the reading OF the
complaint and pleaded not guilty. lie
| will have a hearing June II.
&. ). Martin pleaded not guilty Ia
charge OF using indecent language anu
his case was adjourned to June IL.
The following cAses were sanitary
disposed of: Frank Van Zerkes, dis
orderly, adjourned 10 June ID: Fred
Allen, obstructing street car. adjourned
IL June Q; Joha lIuueman, intoxicated
and disosderly, adjourned TO June Q;
I William Powers, dlsorderly. case adj
J iourned to June 70, Cornelius Bsas and
Jacob Baas, disorderlies. case con.
| tinued: ". +. kirkwood, disorderiy
adjourned to June ID.