The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1891-03-13
It's VERY PECULIAR
The Case Now on Against the
Union Pacific.
DEATH OF BRAKEMAN TAGGETT
The Strange Manner i'm Which White Claims
He Was Treated by Union Pacific
Train Men.

Pacific Railway company was taken up IN
tina Third district court yesterday. Judge
Powers and J. A. Williams appearing fer
the plaintiff, and P. L. Williams and w
Van Colt appearing for the defendant.
Judge Powers stated that the plaintiff in
the case was contractor and builder, and
in the east, where he came from, had the
reputation of being a reliable and compe-
tent man. In July last he was on his way
TO this city, and being short Of money,
travelled on freight trains whenever he
could make arrangements with the train
men to let him ride. 1t might be claimed
that he was beating his way, but this was
not the case. On the 9th of July last the
plaintiff made arrangements with train
man at Rawlins to ride in a freight car TO
the end of the division, paying for the SER
vice some money and silk hand
kerchief. The trainmen had been
drinking, and after the train had
gone some distance, a brakeman fell
OF and was killed. Shortly afterwards, the
Irainmen came TO the car where the plain
tiff was and accused him of throwing the
brakeman off and causing his death. They
then took him from the car, and after beat
ing him i'll horrible manner to make him
confess tied rope around his neck and
attached this to the rear of the train. The
engineer was then signalled to start up, and
the train was run Just fast enough TO allow
White to keep his feet. The latter tried to
save himself by grabbing an iron on the
end of the car. when the trainmen smashed
his fingers with clubs. When he was about
exhausted, he succeeded in getting the rope
from his neck, and escaped. Afterwards he
was arrested on the charge of murder, eX-
amined and discharged. This case was to
have been tried on Wednesday, but was
continued until Thursday. On Wednesday
night an officer from Wyoming arrested
White on the charge Of murder, and it was
only by order of the governor that he was
able to be in court today.
Judge Powers then submitted the follow
ing petition for writ OF habeas corpus:
Your petitioner, John White, most res
pectfully petitions the court and alleges
that he is unlawfully and Illegally re-
strained and imprisoned, in controventlon
of the constitution and laws of the United
States and of the laws of Utah territory.
" our petitioner was arrested by Il. II.
Parsons, marshal of said territory, on the
18th day OF March, 1891, upon a warrant
issued by A. L. Thomas, governor of said
territory, upon a demand made by the
acting governor of the state of Wyoming,
accompanied by warrant issued by a
justice of the peace upon the affidavit of a
conductor of the Union Pacific railway.
That said affidavit made before justice of
the peace, charging your petitioner with
the crime of murder, was not certified to
by the acting governor of the state of
Wyoming or chief magistrate as au
thentic. That your petitioner alleges
upon information and belief that
said affidavit is not authentic and
that the purported warrant was not issued
by justice Of the peace. Your petitioner
further alleges that he was arrested at
Rock Springs, Wyoming, on July II, 1890,
upon warrant issued by justice of the
peace for said murder. That upon a pre-
hmlnary trial your petitioner was released
and Immediately came to Salt Lake city.
That your petitioner was charged with said
purported murder because he was riding
on freight train OF the Union Pacific,
upon which said purported murdered man
was brakeman. That during the night
time your petitioner was informed and be-
heves that the said brakeman fell off said
train and was killed or was knocked off by
some other person than your petitioner.
Your petitioner had paid for his ride upon
said train to one who purported to be in
charge of the same. That about daylight
the train hands found your petitioner
upon said train and at once
took him of by force and
while two held him another proceeded Il
beat him over the head with a revolver
Knocking him down and most Numerically
and cruelty to W oun0 and main and almos
Kill your petitioner That your petitioner
Immediately came TO Salt Lake and began
civil action against the Union Pacific fol
$4,000 damages for said maltreatment o.
your petitioner. That your petitioner be
lleves that this trumped up charge O.
murder against him is a malicious prosecu
ton by the Union Pacific Railway on &C
count of the said suit for damages agains
said railway and to hinder and retard tn,
same
Hence your petitioner prays that b.
~ g.. i
unlawful Imprisonment and that he ma
go hence with his costs''
Judge Zane stated very emphatically tina
no officer would take the plaintiff Will
this case was on and he did not consider
necessary.
Mr.. Van Colt stated that the dramati
recital given by Judge Powers would no
be sustained by the evidence.
The plaintiff, John White was the frs
witness and he testified substantially t
TO the facts stated by Judge Powers, an,
he exhibited numerous deep scars on hi
head, alleging that they were the result o
the wounds inflicted by the train men.
A witness was called to prove the plain
titf's good character, but this was rule
out and the plaintiff then rested.
The defense at once moved for non suit
Mr.. Williams said that even if everythin
the plaintiff had said was true, it simpl
showed that certain men had committee
CSTbdlu WIOHS1Ul 2cLS IOr WHICH tile Qe
feDdant could not be held liable, and it wa
not shown that any of the men were tn
agents of the defendant.
Judge Powers opposed the motion. Thes
men were acting within the scope of thei
employment They had full control of tn
train, and II that was true, the defendan
was liable.
Mr.. Van Colt insisted the train men wer
not acting within the scope of the author
ity. The assault was not made to elec
White from the train. 1t was made TO
some private purpose.
Judge Zane-The motion for a nonsui
was made on the grounds that the person
committing the acts complained of wer
not employees Of the defendant COMPANY
and second that the acts were not commit
ted within the scope of their employment
The plaintiff was certainly in the trail
wrongfully and the men had right to pu
him off and to use the necessary force, Blu
no more. Any act that they may hav
done to arrest him or make him comics
would not be within the scope of their EN-
ployment without some special authority
The question was whether or not the act
which followed the election from the trai
were not so connected as TO constitute ON
act Itwas so very closely connected tina
he was disposed to allow the question to e
to the jury. As to whether these men wer
employees of the defendant company, tn
evidence indicated that they were.
The defense then opened by calling M.
Nicholson, who testifed-On the night {
July was at Salt Wells, Wyoming, an
was braking for the Union Pacific. l IA
heard that a brakeman named Taggett ha
been pushed from the freight train an
killed, and when the train came in i wer