The Providence news. (Providence [R.I.]) 1891-1906, 1894-07-25
A DECIDED SETBACK.
Court Denies the Motion for the Dis
charge OF Debs ct al.
The Answer Filed by NO.
Sufficient to Refute n Charge OF
Contempt.
Bv The Associated Press.

DIV ~
CHICAGO, July so. -Debs aud the other
officers of the American Railway union
met with q decided reverse yesterday In
their fight against the prosecution Tor
contempt in the United States court.
The court decided that the answer hled
by the defendants Ii not = sufficient rsply
TO the charge of contempt. and the motion
OF their attorneys that they be discharged
was overruled.
The court will now hear the evidence
of the government TO sustain the con-
tempt charges, and the defendants Will De
given the opportunity to produce evil
dence Ia their defense.
The argument In the case was finished
shortly before 8 o'clock yesterday after
noon, and the decision OF the court was
announced by Judge Woods after he had
conferred for a few minutes with his col
| league, Judge Grosscup. In substance
Judge Woods said;
The main point alleged Is that a con-
tempt case like this In a criminal pro-
ceeding, and the motion Is to discharge
the respondents on the ground that their
answer denying tde contempt Is conciu-
sive. 1t is true that a procedure like this
is criminal technically, but not essenti-
ally. 1t is an incident in the main case In
equity under the bill filed by the govern
ment. No case has been cited here IN
which the federal courts have sustained
the proposition put forward by the at
torneys for the respondents.
III anything should happen TO change
our minds during the further course OF
the case, the defendants will have the
benefit of the change. As it is now. We
- .zk.- A. r,tIa That fha anayer IL not
complete. As the case is to he further
examined, it is we'll that all questions be
kept as free as possible from opinions
from the court, and we will not give any
extended opinion"
To Go On with the Case.
Judge Woods then asked the attorneys
in the case TO state how long 1t would re-
ouire To hear the evidence on the charge
of contempt. AS he did not wish TO re-
main In the city, he suggested that the
matter be referred to n master in chan
Gerry to take testimony. The suggestion
met with the favor of the counsel for the
defense. but the lawyers for the govern
ment opposed 1t. Mr.. Milchrist said the
evidence for the government could be al
presented In q day at the most, while Mr.
Gregory suggested that the case DO givet
TO A master, with orders to report In "
days.
The court finally decided to GO on will
the case today, with the understandint
that IL IL did not make rapid progress 4
might be sent to a master at any time.
During the discussion Edwin Walker
special counsel for the government, Ss~d'
the suggestion that It vas within tn
power Of the defendants to end tn
trouble by declaring the strike OF. The,
are still in contempt. he said, aud tn
government In In possession of informs
ton that the Injunction II still being vic
lated.
Judge Woods said that IL there ar
, further violations Of the injunction,
supplemental information can be hie
and the guilty parties will find then
selves Ina n much worse position tina
/. they would otherwise be In. Attorne
Gregory denied that It was in the powe
, of his clients to declare the strike Of. Z
; that any trou BILE that exists on the raj
roads il within their control. With ths
the subject was dropped.