The record-union., 1894-07-20
PREVENTION is BETTER THAN CURE.
The Circumstances Under Which
Stewart Was Killed.
Colonel Graham's Method of Prevent
ing Great Crimes-The Inquest
Not Yet Concluded.


| When the inquest on the death of
! Charles Stewart. who was shot last Fri
day in the collision with the soldiers, was
resumed last evening, Colonel Graham.
commanding officer of the regulars, testi-
! fed first.
He said he instructed Captain Roberts
to give full protection to all the trainmen.
He also instructed him if the soldiers
were assaulted with shots, stones or other
missiles, to fire on the aggrassors in re-
turn, but not to tlre unless obstructed.
He also instructed him to arrest striker
who had assaulted the Yardmaster the
night before on the other side of the
bridge.
The train men were to take a car of
naphtha over the bridge, and witness ex-
pected the striker would be found over
there. The day before an officer of the
National Guard had come to witness and
told him that the crowd was threatening
and Captain Ro perts neeueu assistance.
Witness had been told that Stewart had
taken conspicuous part for several days,
wearing his uniform, he having been
going into the strikers headquarters sew
eral times. Witness had been looking
for him tor several days, and had given
orders for his arrest. He had given
specific orders to Captain Roberts TO
arrest any men found obstructing the
| train, and to shoot them if necessary.
Witness had been informed that Stew
arts discharge from the navy was found
on his body after he was shot He was
an enlisted man, just as much as the
sailor who carries cutlass.
General Dickinson asked to what ex-
tent the arresting forces would be under
stood to 60.
Colonel Graham said that it would be a
tactical question and governed by army
usage
1T must be judged by the circum-
stances" said he; each officer for him.
self. He could order one man to fire or
order all, or he could order sharp
shooter to shoot at particular man. He
must be the sole Judge at the time and is
justified by military law.
Had my soldiers lived up to their
sense of duty and shot Worden. as they
might have done when he galloped
across the bridge, they would have saved
the lives of the engineer and soldiers who
were killed in the wreck. | censured the
| officer when he reported to me for not
shooting him because he rode through
so 1t would have saved five lives.
Il have every reason to believe that man
Worden galloped in a buggy through
my lines OH the bridge shortly before the
wreck occurred. Lieutenant Perkins OF
the Marine Corps reported that man did
so, paying no attention to Their repeated
summons TO stop, or to the presentation
OF bayonet points, and | told him then
was the time to have shot him."
Sergeant GustaVe King testified that
he was on the front car with Captain Rob-
erts, and when they passed the sheds
about dozen men stood there, waving
their hands and shouting something. The
Captain ordered the cars stopped and the
men arrested. Witness arrived at the
corner of the shed just in time to see
Stewart drop when he was shot. The Cap
tain had ordered him to go TO the end of
the shed to see that no prisoners escaped.
He did not fire any shot. He did not un-
derstand what was shouted by the tall
man in the center. He heard no orders
given to fire. There were no shots fired
at Stewart after he fell. Two warning
shots were fired atterward. The orders
given before the men went out were to
arrest anyone obstructing the train, and
anyone attacking the soldiers or resisting
arrest should be shot il necessary.
Sergeant Jacob II. Kropp testified that
he went out in Lieutenant Skerretts
squad. AS they came back up the track
he heard noise, and, looking round, he
saw a tall man wave his hat, who said
something. Several other men went to-
ward him. The soldiers took two prison
ers and he assisted to put them on the
iatcar. He, with others, were then or
dered to drive back the crowd which was
coming from toward the police station.
He fired a warning shot to stop them
and another like shot WAS fired. Heard
several commands to halt and throw up
hands given, but did not see Stewart shot
Some OF the soldiers jumped of the car
before it stopped, but witness did not,
and car obscured his view. Orders were
TO escort train crews and arrest anyone
obstructing them, and if anyone offered
violence or threw rocks to shoot him.
That was his understanding.
When he got around the she'd he found
some men already arrested. He and
Private Martin were not together, as far
as he could recollect.
Private Nathan j. Day was on the fiat
car when the first shot was fired, and
took no part in the shooting. Saw twelve
or fourteen men in the shed. Several OF
of them were hallooing, and he
heard one of them say, There are the
- on the car now" He was prob
ably fifteen feet distant, but could not tell
which man said it.
Did not see Stewart when he was shot
When they came back one of the men had
something in his hand, waving it over his
head. Men got OFT the other car to make
the arrest, and some mon got off his car
and went around the sheds. The first
shot sounded TO him like pistol shot
not load enough for a Springfie rifle.
When he got around the shed Stewart
was on the ground. None but warning
shots were fired after he got around into
the street.
Private William Hjellenberg testified
that gang OF eight or ten were standing
in the fruit shed, and Captain Roberts
told him to keep his eye on them. Com
ing back one of the crowd shook his fist
and hallooed something. Captain Rob- |
erts took witness gun and pointed il at
him and told him to get away, When
the train stopped witness went and ar
rested him. When he got around into
the street Stewart was lying on the
ground. Did not know who did the firing
After Stewart fell two or three shots were
1ired up Front street. His orders before
starting were to fire if The crowd threw
stones or fired at them. Did not remem-
Der any orders with regard to arrests if
man ran away. No missiles were thrown
at witness, but Private Martin said Just
after the trouble that he was struck with
something in the back of the head, and
Corporal Finn said he saw the missile fly
by him.
The orders that morning were given to
the men when they were all together
before they started.
Private Julius Weiss was on Captain
Roberts car and saw a man in the shed |
waving his hat and heard him calling the
soldiers --- and scabS and other |
names. There were other men there. |
When the cars came back the men went |
to arrest the men. He heard the shots |
and ran through the sheds and saw Stew
art lying on the ground. He saw a large |