The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1893-03-28

AN NNeNhN~NNNNk ~~@NN- - w.
Through Counsel.
TOLEDO, O., March 27.-To:day is field
day in the United States court here,
for on 1t began the trial Of the six great
cases, The first was that OF tho en-
glneers and firemen of the Lake Shore
on the charge OF contempt Of court
The second ia that of the restraining
order granted by Judge Kicks at Cleve-
land early in the struggle, and which
prevents the connecting railroads in
Toledo from refusing to accept the
freight from tho Ann Arbor and is
based upon the provisions OF the inter-
state commerce law. The third is that
granted by Judge Taft at Detroit, re-
straining Chiefs Arthur and Sargent
from issuing or keeping in force any Or
der which they had already issued to
employees OF any railroad to refuse to
accept the business ofthe Toledo 4 Ann
Arbor railroad.
The fourth injunction was that order
ing Chief Arthur and Chairman Wat
son to bring into court IN order or rule
or regulation for the Brotherhood OF
Locomotive Engineers which was the
basis for securing strike or boycott.
The fifth Is the restraining OF about a
hundred OF the employees OF the Wheel
ing & Lake Erie railroad from refusing
to accept or handle the freight or cars
OF the Toledo & Ann Arbor Co. The
sixth is the suit for $300,000 damages
filed by II. A. Ashley, Of the Ann Arbor
road, against Chiefs Arthur and sar.
gent, based on the strike and the refusal
to transfer to connecting lines.
Judge Kicks arrived from Cleveland
at midnight and took up the case heard
last week and to-day arguments were
heard. Emory D. Potter, IT,, opened
for the prosecution followed by James
II. Southard for the defense; then Hon.
Frank Hurd made the main argument
for the defense and general Counsel
Green, Of the Lake Shore, closed for the
prosecution. Judge Ricka announced
that he would render his decision to-
morrow. AT o'clock the court again
convened and took up the second case
that Of the restraining order issued
at Cleveland.
When court opened this afternoon Mr..
Sargent was present, but Mr.. Arthur
was not. The back part OF the room
was packed, as usual, standing room
being at premium.
As soon as Judge Taft gave the word
to proceed Mr.. ,Hurd arose and said
that Mr.. Sargent had not been sum
moned in the case as yet, and that Mr..
Arthur had not yet arrived. Some
time for preparation was needed when
he did come and he thought 1t would
be we'll to wait till morning before pro
ceeding. Mr.. 7. P. Harper, OF Terre
Haute, attorney OF the fremen, stated
that Mr.. Sargent had been served with
the summons in the case during the
past ton minutes, and was ready 70 60
on with tho case as far as necessary.
The court thought that the attorneys
had better confer together moment
and prepare plan OF action.
Messrs. Hurd, Harper, Barber, South
ard and Sargent then retired to the Un'
tied States marshals room.
They returned in few minutes and
Mr.. Hurd stated that his side first raised
the point that the court lacked jurisdic'
ton, as part OF the defense was not {
resident OF this district, as required BY
law. If tho court decided that 1t had
jurisdiction, the defense would like
until tomorrow morning to make 1T
defense.
Mr.. Harper stated that Mr.. sargen'
was resident OF Indiana, and not o.
this federal district, and the law says
that the defendants in such cases shal
be residents in the district where the
cases are brought.
Judge Taft said that in view OF the
statute referred to the temporary in
junction as to I. j. Sargent was dis
solved, and the application made e
make the temporary Injunction grantee
perpetual was denied. The case agains
MIR. Arthur would be heard.
Mr.. Sargent at once withdrew from
tho room.
Mr.. Alexander Smith, counsel for the
Ann Arbor, then read the origina
amendments on which the case wa
brought.
Mr. Hurd wished TO explain that Al
Mr.. Arthur had not filed an affidavit In
reply tho court might suppose no as
sented to all that was claimed. Suct
was fotthe case, as Mr.. Arthur denlot
each and all the statements made. The
court said II 80 understood
Mr.. Smith then read an affidavit from
Gonoral Manager ]. w. Ashley, elnbody
ing an agreement signed by q. W
Taylor, chairman OF the Ann Arbol
committee Of engineors; j. .. Pollard
chairman Of tho tiromen's committee
Chiefs Arthur and Sargent and Assist
ant Chief Youngson, aud President ]
NJ. Ashley. stating that all would abldC
by tho decision which William KirkbJ
should make In the case. Kirkby alst
signed the paper under tho words; =
accept tho position entrusted TO mo.
The next Mr.. Smith road was a tolc
gram from jasper NJ. Watson to Gen
eral Manager Gnnniil, that the laws o
tho Brotherhood Of Locomotive Engin
GERS wouldEo into effect O p. M. Can