The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-05-15
THE AFFIDAvfrs.
Both sides Tell Their stories to tho Court
ON Ppper


Both, sides Tell Their stories to tho Court
on Paper
George Haldorn, Of Butte. and Robert b.
Smith appeared for the industrials in gen.
srai, and J. W. Kinslsy for Mains, the Llv-
inaston Post man, 10 particular. District
Attorney Leslie represented the govern
msnt and Ex.Gov. Toole the Northern
Pacific. After some little discussion among
the attorneys as to the method of procedure,
Jadge Knowles said 10 would DO In the
nature OF q quasi-osiminal action and
the burden woald be on the government
TO provo contempt The reading OF aff1da-
Wits was then begun. Before this hal
proceeded very far Attorney Haldorn inter-
posed an objection 10 the reading OF any
afii1avits. He coptended that 10 q pro-
oeeding Of this nature the answer, II satis-
factory TO the court, puTaed the offender OF
contempt. Judge knowlse overrulsd the
objection, and an exception was taken.
The reading OF affidavlts was then pro-
ceeded with. That Of Supt. j. ID. Finn, OF
the Montana division OF tho Northern Pa
ci6c, set no the facts connected with the
seizure OF the train. Deputy Marshal
Haley had two affidavits, which told OF
the pursuit tho alleged refusal to surien-
der, the distractions placed on tho track,
and the hgbt at Billings. There was an
omnibus affidavit from twsnty-cne OF the
deputy mnrshals 10 sustain Haley's claim
that demands were made for the surrender
Of Tho train. One from Marshal MoDsr-
mott told OF sending telegram TO Hogan
notifying him Of the ordor Of court John
Eckel, night wAtchmsn at the round house
ID Butte. made affidavit OF tho taking OF
tho engine and the fact that lie was power
less TO prevent a. and was taken some
distance aa we'll. The nffidsvts OF
W. ri. Merrimsn, station agent at Butte.
and of other ARents and officers ut various
points. were that the engines used at those
places wsrs taken without the consent OF
the company. w. 4. hoaonnicle, an en-.
glnser. made AFFIDAVIT TO tbs flapging OF the
hrst freight tram The army tried TO ge, near
Butte. and his returning 10 ths yard. ae-
cofdlna TO y evious orders, after tho army
had taken possession OF the cars; also that
Hogan ordered him OF tho engine. The
affidavit Of Superintendent Dorsey. of the
lsllowstons division. set forth ,hs, he sent
the following telegram from Milea City 10
Hogan AZ Billings. "will give you q clear
track over the Yellowstone division. Hops
you will come through without delay. We
have an snains ready 20 take your train on
arrival ht Forsythe, am anxious 60 get
your train od the division. 40 10 70 get my
bhlu moNlpR. AhlH toloRrnul, ne naiu,
was aont after he learned orders had been
issued for the troops to stop tho tram, and
With the object OF having the army 20 on
10 Forsythe and be captured.
An Atiidayit was also furnished by Gem
erni Manager j. W. Ksndtlck, OF the
Northern Pacific. Ho said hIs directions
10 the Butte officials we're not 20 allow the
use OF tho eompanY's property sIo pt In
the usual way, No one was authorized 10
give assent or compliance 10 apy such use.
There was nothing 90 indicate that the
company would take n negative position.
1 He denied sending q telegram which bore
his name. and which told Hogan "yon'il
Get through. Keep mnm aud We will too. -
The signing OF his name 10 any such tele-
grhm was unauthorized.
Attorney smith read tho snllsyils OF the
meu, The hfat was that OF William Hogan,
which claimed that while tho officials OF
the road would not conaont 10 iot them
have the Train yoi no was led 20 believe
tha, " they took one there would be no
trouble. In support ot this hs quoted a
telegram from General Manager kendTIel
20 citizens OF Butte, saying that whilo he
didnt want 10 subject thsm TO any moon
venionos, tho company could notleav theas
men In Dakota or Minnosota, and that I,
was not 50 much n matter OF com onsaIiOn
As the reason atAted that mado them rsinso
10 carry the my, Hogan ia tLor reonod
that In a private meeting in Butte at which
Lee hsntle, ". X. Kenyon. J. X. CLARK. A.
r. Bray and o,heTs were present. they told
him sheI had tslegtams from kendllek and