The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1894-07-24
THE TRIAL OF DEBS.
he and His Associates Before the
United States Court.
THE DEFENSE A GENERAL DENIAL.

Efforts of tho Defendants Attorneys to
Have the Cases Misunderstanding Gross
cup Declares Dcbs ToIegraphio Orders
Wore the Cause Of violent Outbrsssks.
CHICAGO, July 24.-An answer was filed
yesterday by the attorney for the officers
of the American Railway union in the
contempt proceedings in the United States
court growing out of the alleged violation
Of the federal injunction against inter.
ference with the mails and interstate COM
merce. The answer. which was formu-
lated by Attorneys w. w. Erwin, of St.
Paul, and s. S. Gregory, of Chicago, is
general denial Of the various charges
against them.
A great crowd of spectators thronged
the corridors of the federal buildngan and
struggled for places in the court room
when the hearing began. United States
Judges Woods and Grosscup occupied the
bench and Immediately after taking their
seats ordered the court room cleared of
the crowd which stood in the aisles and
about the door. Mrs. Debs, Mrs. Keli-
her md Mrs Rogers were in court early
and greeted the four prisoners when
they were brought in.
The prosecution was represented by Dis
trict Attorney Milchrist, Special Counsel
torney Hand, while the Santa Fe railroad
was represented by ex-Corporation Coun-
sci John Miller and Il. A. Bancroft.
Attorney Gregory opened the main case
with the suggestion that the hearing of
Debs and the others be postponed until
after the trial under the indictments
pending against them, but the suggestion
was not entertained by the court.
After the reading of the information
against the prisoners by the district at
torney and the hearing of the answer as
read by the defendants lawyer Attorney
Erwin moved formally that the defend
ants be dismissed. He also asked that
the government elect whether it would
try the prisoners on the original indict.
ment or on the injunction. Judge Woods
replied that the government would elect
by going ON now, and Attorney Gregory
began his argument in support of the mo-
tion to dismiss the bill.
Mr.. Gregory went on to argue that as
this was criminal proceeding an an
swer under oath that he was not guilty
was all the defense person cited for
criminal contempt could be called upon
to make He could be tried for crime only
by jury. Proceedings of this kind
should not be resorted to or permitted to
take the place of the laws of the land.
The court should decide In favor of lib
erty.
"The doctrine Of this injunction is" in
terrupted Judge Woods, that 1t is not
to be used to res train crime. Injunctions
are not issued for that purpose, yet an
der may be entered to restrain acts which
involve crime. The court acted on that
theory.
Mr.. Gregory, resuming, said the in
junction restrained tho defendants from
preventing the employees by threats, in
timidation force, violence or persuasion
from performing their duties, or inducing
them by threats, violence, force or intimi-
dniion to leave the service of the roads.
In the injunctional order the word per-
suasion was stricken out.
This called out another statement from
Judge Woods, who said the court had re-
fused to enjoin men from soliciting other
men to leave their work. The question is
now in the court of appeals in the North
ern Pacific case, and the court haa no de-
sire to interfere with it. Mr.. Gregory said
the injunction did not enjoin the leaders
of the union from advising men to quit
work. "1he injunction" said Judge
Woods, ''was a general order not to inter
fere with the operation of the roads.
Whether advising was an interference is
question to be decided
The attorney contended that as long
as people obeyed the laws they could
not be held responsible for he lawessness
of others. lie admitted that there was
violence in the recent strike, and the m en-
who committed it We're guilty of violating
the injunction. The people who advised
violence We're also guilty, but there was
not line in the information that the de-
PENDANTS either committed or advised any
violent acts
Judge Grosscup said the theory of the
government was that violence was the
natural consequences of the telegraphic
orders sent by the defendants.
Mr.. Gregory was followed by Mr., Wal
ker, for the prosecution, who attacked
the answer vigorously. He said the ans
wer was not full reply To the charges in
the information. 1t denied all knowledge
of the kilograms with one exception, and
the government would like to have the
opportunity to show that there was an
answer received to each message and that
it was received by the officers of the rail-
way union. ALI the strike orders which
had resulted In the stoppage of commerce
and the mails came from the Office of the
union in Chicago, and they were response
BILE for everything that happened in conse-
qurnce, even to the loss of life. He said
an answer in a court proceeding was sufIi.
cent to discharge the accused at common
law, but in an equity proceeding the court
could hear the evidence of both sides At
the conclusion of Mr.. Walkers argument
court adjourned.