Birmingham age-herald., 1894-09-06
ON TRIAL FOR CONTEMPT. Debs and His Lieutenants to An
 swer Charges PREFERRED BY UNCLE SAM For Interfering With Mails and Interstate COmmerCe-A
 Bitter Legal Fight On.
PREFERRED BY UNCLE SAM

CHICAGO, Sept. 5.-The contempt case against Eugene V. Dsbs, George w. How ard, Sylvester Keliher, L. w. Rogers, James Hogan, w. E. Burns, Leroy M. Goodwin, W. J. Elicit and J. F. Me- Vean, directors of the American Railway union, came up in the United States cir cult court this morning before Judge Wood. The defendants are accused of violating the injunction issued by Judges Wood and Grosscup during the recent strike, which restrained the American Railway union and all others from any in- reference with the mails or with inter- state commerce.
 It is alleged particularly in the cases of officers of the union that the injunction was repeatedly violated by sending tele. graphic orders to strike and in other ways. All of the defendants filed answers, in which they denied specifically the charges preferred. Over 100 witnesses have been subp9naed by the government, and the array of legal talent on both sides is bril- liant one. Ex-District Attorney Milchrist and Edwin F. Walker will lead the prose- cution, while w. w. Erwin and 5. s. Gregory appear for the defendants.
 At the opening of court this morning Attorney Erwin for the defendants an- nounced that all were in court with the ex- ception of President Debs, who was de- clared to be ill at 5949 Princeton avenue in this city. The court decided that MT. Debs' presence was not necessary.
 Edwin F. Walker, chief counsel for the government, told the court that since July 25, from which date the contempt proceed ings were continued, supplemental in- formation had been filed against Hogan, Burns and others.
 At that time the judge on the bench denied motion made by the defendants, Debs, Howard, Keliher and Rogers, to dis miss the charges. Attorney Gregory stated that supplemental cases would be way, a motion to dismiss them being be- fore the court. These are the cases of the remaining directors. MT. Gregory said he believed the court would of course deny as,1y the on,d motod aod The he to"nd Sou55 on examining supplemental information any reason for different decree from that in the original cases he would change his decree accordingly.
 Gregory then moved for trial by jury, but Judge Wood denied it on the ground that this was not a criminal proceeding. Ex-District Attorney Milchrist read the supplemental information. At this point John D. Miller noted his presence on be- half of the Santa Fe road, which is one of the roads alleged to have been injured by the actions of the defendants. Various legal points were raised, but Judge Wood declined to listen to quibbling. He said: 'The essence of all these cases is whether the defendants have violated an injunction issued by the United States court. This is the important point in these cases"
 The court decided that all of the cases against the various defendants should be tried as one, and the case of the Santa Fe should go along with those of the govern ment and witnesses for one be considered as witnesses for both.
 The first witness called was Edwin M. Mulford. manager of the Western Union Telegraph company. He was asked to produce certain telegrams in court, but re- fused to do so until the court ruled on it. The court ruled that they must be pro- duced.
 Then number of objections were made by the counsel for the defense on technical points. They fought every step of the way, and 1t was evident that there would be bitterly contested legal battle. Finally the witness was permitted to read telegrams which passed between Debs and Phelan. Objections were offered to all the telegraIns on the ground that they were not sufd- cieutly identified.