Waterbury evening Democrat., 1893-03-23
4 VERY EXCITING TRIAL
Unexpected Developments in
 the Ann Arbor Case.
THAT BYLAW PRoDucEDlN COURT

Embarrassed by Having Bylaw No. 12
 Read-An Uproar in the Court and the
 Judges Anger.
 TOLEDO, O., March 23.--Several inter esting features were developed in the con- tinuation of the hearing of the Lake Shore strikers in the United States Court. What probably created moro of Q sensa- tion than anything else was the introduc- tion of one of the rules of the Brotherhood, furnished by Chief Arthur himself.
 The testimony of the various officials showed that the order of Judge Kicks was not shown to the men until after they had said that they would not handle the Ann Arbor cars. The officials intended that the order should be the last resort after persuasion had failed.
 The testimony brings out the fact, how ever, that the men before they said they would not handle the cars had said: "We quit the service of the company"
 The engineers attorney, MT. Southland. saw in this good point, and dwelt upon it in his cross-examination.
 Questioning Superintendent Sheldon on the point, he asked: "You showed the men the order after they had said that they had quitl"
 "Yes," answered Mir. Sheldon.
 Had you re-engaged them when you showed them the order of the court2"
 "No."
 At this point Attorney Potter, of the Lake Shore, placed in evidence a rule of the company to thS effect. that the men must look at the bulletin board before they take their train. On the night in question the order of the court was posted on the board.
 It was during the examination of J. B. Watson, Lake Shore engineer. who is one of the members of the Brotherhood was produced.
 Watson had been summoned to bring into court all the rules and laws of the or der on the subject of boycotts, but had furnished nothing but a set of bylaws that threw no light on the secret work of the Brotherhood.
 Just as he had stated most emphatically that he knew of no other secret laws gov erning the strike question, Mir. Hurd re- rule which the witness had not mentioned Rule No. 12, winch is as follows, was then read:
 "That hereafter when an issue has been sustained by the grand chief and carried into effect by the Brotherhood of Locomo- tive Engineers it shall be recognized as a violation of obligation for a member of the bfOJQer0OOu WHO D0 employed on O railroad running in connection with or ad- jacent to said railroad to handle the prop erty belonging to said railroad or system in any way that may benefit said company with which the Brotherhood is a. issue until the grievance or issue of whatever nature or kind has been amicably settled. ''
 The reading of the rule immediately after Watson's positive statement that he had mentioned all the secret laws of the order ! k visibly embarrassed. His only explanation was that he had not properly understood the questions of the attorneys for the plaintiff.
 Another fact that will have a great bear ing on the case was made known when it was shown that of all the strikers attached only two of them, James Lennon and Leon- ard Clark are members of the Brotherhood.
 The latter, when examined, testified that he had not seen the order of the judge when he resigned; that it had been partially read to him, but that he had not understood it and that he had not discovered yet just what the contents of the order were.
 He made a most difficult witness and evaded the questions of Attorney Potter to such an extent that he was thrice warned by the judge. After a tiresome struggle that lasted for over three-quArters of an hour, Mir. Potter succeeded in pinning him down on the following question: What motive had you for not wanting to run a train on which Ann Arbor cars were attached" ,s
 The witness, when ally7commanded by the Judge to answer, blurted out, his voice trembling with emotion: "Well, I'll tell you why I refused to handle Ann Arbor cars. I'm pretty near the grave now, and I did not want to live the rest of my life a. scab engineer"
 Fot a moment there was a complete silence in the court room, then a confused noise, and finally perfect storm of ap plause from the 200 spectators who packed the room to the doors.
 Judge Kicks was extremely indignant at the interruption. "Gentlemen," he ex- claimed hotly, "this is a court of justice Whatever your feelings may be you have no right to express either approval or dis approval. The next man who interrupts the proceedings of this court will be ejected from the room."
 Silence once more restored, the examina- tion of witnesses proceeded. Afiidavits were introduced by the defense signed by each of the strikers, in which the affiAnt swore that he had resigned from the com pany before reading Judge Kicks order, that he had quit work of his own free will and not at the solicitation of the Brother hood, that he considered himself no longer ttu eLlplOye Gno HOLneHb no Ee1uSeu CO run the train, and that he had merely exer- cised the rights of citizenship in not obey ing the orders of the company while no longer it's servant.
 Several of the witnesses swore that even now they did not know the purport eff the judges decision, while others were cor nered into admitting that they had either heard part of the order read, or had re- fused to listen when it was served upon them.
 Watson, of the grievance committee, in the cross-examination, after a great deal of evasion, admitted that any member of the Brotherhood who refused to strike after having been ordered by the chief to do so was liable to expulsion from the order and forfeiture oflife insurance and all the bene- fits attached to membership. The examination of witnesses will be conclUde tonight, and the arguments of the attorneys in the case will be begun at the opening of the court tomorrow.