The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-11-21
STRIKERS STALLED
Objections Block Their
Defense.
IMPORTANT PAPERS DENIED.
They Are Called Privileged
communications"
TIE REQUIsITIoN FOR TROOPS.
Barry Baldwin Explains His Employ
ment of Deputies at the Request
of the Railroad.
TIE REoUIsITIoN FOR TROOPS.

ne WOUlQ snow tDaS the conspiracy was
the work of the railroad and Federal
officials, who entered into an agreement to
permit no mail trains to be moved that
did not move Pullman cars with them.
So far Attorney M,nteith has succeeded
in showing that very friendly relations
existed between the Government and the
railroad He endeavOred yesterday to
prove that troops were called out by
United States Marshal Baldwin when no
necessity for their presence existed. The
effort was anything but success. for the
Government attorneys objected strenuous
ly to the introduction of documents which
Monteith though' would prove the case,
and the court sustained the objecr ions.
The Marshal was first called to the
stand and cross-Questioned by the defense.
when you made your requisition for
troops did you designate any persons that
the might proceed against"
Il did not"
Ibid you designa tie any act of felony?"
Il did not"
did you cerii fy to any court that there
was an unlawful assemblage, with intent
70 offer violence to persons or property"
81 did not"
Did General Allen ask you what you
were going to do with trOops?"
He did not Read the proclamation of
President Cleveland. l reported in writ
ing to the Department of Justice"
"Will you produce copy of that re-
port?"
i consider it privileged comm unica-
Attorney Knight objected to the intro
6uetion of the report He also thought it
was a privileged communication.
Mr.. Montieth remarked that if the COM
Of .
the strike it was not privileged now. He
needed it, he said, to prove the conspiracy
between the railroad and the GOVernmen
The court sustained Mr.. Knights obiec-
ton; but consented 10 hear argument on
The question later on.
General?"
ION or about the Fourth of july"
please produce a copy of report"
Mr.. Knight intim ted that this was an
other privileged communication" and
the court sustained him.
Ibid you report TO District Attorney
Garter in wriung?"
''SOme times"
II ask you TO produce those writings"
MI knight held that these. too, were
privileged communica tons, and his Honor
intim ated that ne thought so himself.
did YOU ask for Government troops ?''
81 thought their presence necessary to
maintain order and so communicated"
evil you produce that order ?'
Mi. Baldwin did not produce the order
because the court decided that it was un-
necessary.
The troops. the Marshal testified. ar
rived at Sacramento on the 18th of july
under command of General Graham and
took possession of the yard. The de- OF
was cleared and train, of which Sam
Clark was engineer, was made up and
moved slowly across the bridge into Yolo
CDuDtV.
IAN hour or so after that train left.
said the Marshal, Il was told that it had
been wrecked. 1 went to the wreck and
subsequently saw the people who were
killed"
Mr.. Monteith stouily objected to the
Introduction of this testimony as tie ten
defendants on trial had nothing 10 do with
the wreck. He intimated that it was an
attempt on The part of the Government to
Impraperly Influence the jury. Mr.. Knight
replied hat his purpose was to connect
the defendants with the general con-
spracy.
This brought forth a ruling from the
court that was hailed by the defense as in
their favor. Judge Morrow decided that
the Government mus prove the iden tity of
the cOnspiTatoTs and their coming together
and meeting for common purpose.
Marshal Bald win described the scene of
the wreck and related his experience in
connection with Il.
Monteith renewed his attempt to show
that Bald win was a Jealous friend of the
railroad. "You went one night To hotel
30 protect some railroad scabs, did you
not?" he asked.
II went TO the Western Hotel where I
had heard there was some trouble. Some
men who had just come from the East to
work for the railroad were there and the
proprietor oid not want to keep them.
persuaded him TO let them remain. and
told him l would protect them"
Were you advised that that was your
duty as Marshall"
ri was not so advised"
"Were,any assaults being made there P"
81 did not see any. The American Rail-
Wav Union men were there arguing and
talking violently to the Eastern men,"
Were there no police there?"
81 did not see one.
as Marshal ?"
Anything in it that compsls you to
settle bsrroOm disputes?"
Objection sus tanned.
You came here from Europe, didn't
you"
The relevancy of this question was not
apparent and Mr.. Knight took the witness
and asked him to explain why he aD-
pointed deputies at the request of the
Southern Pacific. He replied that the only
deputies appointed by MIN were Jraln-
hands who were afraid to work under any
other circumstances. They were not paie
and were only permitted to guard the train
on which they were employed.
What were your orders to General
Dimond ?' Monteith asked.
II wrote to General Dimond, 'Yon will
please so dispose of the troops at your
command as to protect the Southern Pac-
fic's property oil every description
You then had given up protecting the
mail ?'
81 bad not"
You appointed deputies to protect the
trsins?"
Yes, sir"
They could have protected trains with
out being deputies. couldn't they?"
Il don't know about that"
ties?"
"Mr. ellis and Mr.. Jones'"
Isn't Mr.. Jones the man who attends
10 the railroads political work"
81 don't know"
on old not appoint any American
Halfway Union men as deputies to protect
Themselves, did you?"