Custer weekly chronicle. [volume] (Custer City, S.D.) 1890-1931, 1894-12-22
lERS GETS SIX MONTHS
Judge Woods Finds the A. R. u.
Leaders Guilty
Tries the Case Under the Sherman Anti
trust ~Iaw-Other Leaders Given
Three Months Decision
ut Length.

CHICAGO, Dec. l4.-All the defend
ants in the Dcbs contempt case were
early in court this morning. The con-
tempt for which the defendants were
arraigned was a violation OF an injunc-
ton issued July 2 by Judges Woods N
Grosscup, which forbade oil men not to
interfere with trains in any manner
whatsoever. 1t was claimed by
the United States district attor-
ney that Debs and the other
officers and directors OF the
American Railway union repeatedly
violated this order OF the court by issu-
ing directions to their lieutenants all
over the country TO call out the men
and advising the crippling OK tho com-
plcte railroad system of the United
States if possible. The defense mnde
was that Debs and his assistants had a
right to order strikes aud to continue
to conduct their side of the fight
against the railroads.
Judge Woods skipped the preliminary
decision OF the evidence and proceeded
to 60 Mt once To the heart OF tho mat
ter. The question OF whether or not
the court had jurisdiction was first dis
cussed, and this question, after citing
numerous authorities, the judge de-
cidei in the affirmative. Judge Woods
refused to decide whether he had
jurisdiction under the interstate coin-
merce net and took up the Sherman
antitrust law, under which the action
against Dcbs was chiefly based. One
OF tho sections OF this law makes 1t an
offense to restrain III in any
way. The Judge decided that United
States ourts had full jurisdiction
under this act 10 punish all
such offenders as the directors
Of the American Railway union, max
ing q new precedent thereby.
Scores the A. II. 4.
Debs' u%tterances not to commit VIC
lence were doubted 10y tho court. lie
did o believe they were sincere.
with oil That has been said about the
American Railway union keeping
guard over property and being The frs,
10 arrest offenders, not one has been
arrested continued the court by
Mr.. Debs' admission he was out among
the men urging them to join the strike
after this injunction was issued. How
ard did the same. They both said to
commit 40 violence, but advised that
Pullman cars be stopped at all hazards.
All the outragcs committed at Blue
Island after the speeches of Debs and
howard were directly attributable &c
these people and they are responsible
for them"
TIE court then reviewed the mass OF
kilograms in which Debs ordered mer
out, and declared these were utterly a
variance with the statements made In
Debs' answer that he took 40 part IL
continuing the strike. After thus o
Guiding that there was 10 doubt that
tho men as individuals were guilty,
Judge Woods said: ''But the point
under the Sherman law Is whether these
men were in conspiracy. IL they
were. | lelievc there Is no way by
which they can escape The moral
and legal responsibility for their acts
He then gave il MS his opinion that
they were guilty and that therefore all
the men allied with them were also
The evidence left no feature Of
the case in doubt. Then he said: The
court therefore finds the defendants
OF the offenses rs charged In
both eases, but will not make it cumu-
Iative. ! have not yet written down
any punishment for these men. ] know
only two of them by sight. AS this is
TO me and say what he will"
Deep silence followed this declara.
ton of the court. Then n hum arose
and soon the defendants were on their
feet and engaged in conversation with
counsel. Then Attorney barrow spoke
for the nine defendants a. follows:
Nothing To say.
'"Thcse defendants have nothing to
say. They believe that they did right
in ordering and continuing the strike.
Two of these defendants-Mr. McNeah
and Mr.. Elliott-took no active part in
this strike, although they were both
directors in the railway union. Their
names were not mentioned in the evil
dence."
All OF the defendants present then
stood up. SO the court could see them.
They did not appear TO be agitatcd and
several smiled from time to time.
There was considerable argument be.
tween the counsel on TECHNICAL points
before the court passed sentence rs
follows: Il thinl, ] will suspend SEN
tcncc with regard to Mr.. McVeah. am
Of tho opinion that Mr.. Elliott was nc
lively engaged in this strike. Punish.
nent should o be vindictivc. neither
should it he trivial. The object Of pun
ishment for contempt of our is to
prevent future contempt. My conclu.
sion is that tho injunction was right.
Mr.. Debs is more esponsible than any
body else. lie is n man Of marked
ability and Of strong character and the
leader of these men. 1t was i'm his
power by merely lifting his voice to
stop oil this disturbance. ! shall there
fore discriminate between him and the
rest Of the defendants. ! will give Mr..
Debs six months in the county Jail and
the rest three months, this sentence to
take effect ten days from now"