The herald., 1894-06-09
ATTEMPT AT HABEAS CORPUS
The Industrials Make q Move to
Be Released.
They Will Also Petition the State
Court in the Matter.
Tho Grounds Upon Which the Petition
Was Filed In the Federal Court.
Names OF the Men I'M
der Arrest.

corpus was lied in the United States
circuit court yesterday afternoon in the
case of Martin Cooney, one OF the Indus
trial army members arrested by United
States Marshal Covarrubias at Barstow
on warrant from the federal court,
charging them with taking possession of
train of the Atlantic and Pacific rail-
way, the road being in the hands OF re-
ceivers appointed by and under the
jurisdiction OF that court.
As soon as possible after the men
we're brought in yesterday morning. they
engaged ]. Marion Brooks as their at
torney, with several associates. Mr..
Brooks prepared petition to Judge
Ross which was filed in the name OF one
of the Industrials to make test case.
If Cooney is released upon habeas cor
pus, the remainder of the Common.
wealers will be also released. 1t is
thought the judge will act upon the
petition today.
Should the Industrials be opposed in
their petition in the federal court, they
will file an application in the state court
for writ OF habess corpus, upon the
ground that the ITO men are being de-
tanned in the county Jail by Sheriff
Cline. whom they allege is depriviDg
them of their liberty. In the petition
to be presented to the superior court. it
is alleged that the imprisonment is
illegal on the ground that the Industri-
ais are not detained, imprisoned and re-
strained Of their liberty by virtue of any
warrant OF Commitment on a criminal
- = Al a.
tanned, imprisoned or restrained of their
liberty by virtue OF any process issued
by any court or judge of the United
States in case where such court or Judge
has exclusive jurisdiction; wherefore.
the petitioner prsys that a writ of ha-
beas corpus may be granted and directed
to j. O. Cline, sheriff, commanding him
to have the persons of each of the par
ties named in the application, before
the superior court, at the time and place
to be specified, to do and receive what
shall then and there be considered con-
corning each of them, together with the
time and cause OF detention. and that
each of them may be restored to his
liberty.
The application filed in the federal
court yesterday afternoon states that
Martin Corney ia unlawfully imprisoned,
detained, confined and restrained of his
liberty by N. Covarrubias, ESQ.,, at the
county Jail.
The petition sets forth that on Janu-
airy 8, 1894, an order was made and en-
tered in the circuit court of the United
States as follows:e 1T is ordered that
the Atlantic and Pacific Railroad COM
pany. its agents, officers and servsnts,
and all other persons, be and the same
are hereby restrained and enjoined dur
ing the tendency of this action from
interfering with, transferring, selling or
disposing OF any property of the said de-
fendant railway company or from tax
ing possession OF or in any way interior
ing with any part thereof, or from inter
fering in any manner with the possession
or management of any part of said prop
erty over which the receivers are hereby
appointed, or in interfering in any man
ner to prevent the discharge of their
duties or of the operation OF said prop
erty under the order of this court"
The petitioner sets forth that he was
not at any time, and is not now. an
officer OF said court or any other court,
nor party, juror, or witness to, nor
interested in said cause in which said
order was made; that he was not aware
at any time heretofore until the 9Th day
of June, 1894, when he casually received
said information of the tendency of the
said last herein aforementioned cause,
or of the order mentioned herein; that
w. J. Hunssker on June 7, 1894 before
the Hon. E. M. Rose, judge of the dis
trict court made an affidavit charging
that Son the 9th day of June, 1894, at
Mojave. in the southern district OF the
state of California, and within the juris-
diction of this court. an organization
consisting of about 400 persons called
industrial army, in contempt of the
authority OF the court, wrongfully, with
out right and by force, seized and took
from the possession OF said receivers, a
locomotive and cars belonging to said
Atlantic and Pacific Railroad company !;
that n. A. Covarrubias, esq.,, Oh the 7th
day Of June, 1894, arrested and impris-
onsd the petitioner, and still imprieons
him at the place aforesaid, solely and
wholly by virtue OF and in obedience to
the herein aforementioned order and
affidavit"
Following are the names of the Indus.
trials. Cooney and L. Bull6nch and
about Is others were formerly residents
of this city. The list is: John Bailey,
j. @. Rivers, F. Marshall, B. Mungell, j.
Howard, W. SpardleY, f. Borchers, F.
Bigley, @. Scott, j. Brown, F. Moore, W.
Liebo, j. Tanner. j. Moritz, @. Watson,
l.. Grouse, O. Sporting, j. Kehoe. P.
Smith, NJ. Kunie, J. Quinlon, H. Web
Der. f. Dean, j. Weeks. P. Mccoy, L.
Swinghelm, K. Kelly; S. Lynch, H.
Games, j. Avery, j. French. +. Harvey,
q. Press, j. Freeman, e. Chase. q. Rus
sell, A. Hart. j. Sloan, j. Gwin, p. Nc
Ginley, j. Walters, N. Bergman, j.
O'Brien. L. I. Baker, j. Roth, w. Lsno,
p. Doyle, @. Sivert, @. Holland, W.
Ryan, @. Pelton, L. Bullfinch, j. Heath,
Q. McMullen, o. Armstrong, w. Smith,
J.. Altman. +. Pasco. A. Hiarpo, j.
Smith, +. Coles, j. Herbert, J. Curran
w. Crane, A. Cobb, 9. Rodriguez. NJ
Janson, j. w. Boyd, j. Hogan, j. Har-
rington, E. Libbey, j.. Montgomey, H.
Miller, @. dc Bots. t. Fox. NJ. PARKER, J.
Reilly, j. Colan, j. Stewart, q. HILL j.
Sherman, L. Tuchi, P. Amis, E. Cor
man, r Drain, A. Lawrence, j. DAles,
w. johnson, j. Mullen, B. Smith f.
Tel, 2. b. Allen. 0. Turner. j. N. Yeo-
mans, } Ostrich, j. III. Conklin, @. X.
Forrest. A. J. Oliver, II. Hldebrandt, J.
Smith, j. Georges, A. Hanson,NJ. Ma
loney HI. Smith. W. Cole, G. Kennedy,
J.. Hall, F. Carr, M. O'Brien George
HER, Ed Fuller, @, Mort, Ed Foster, L.
Johnson. J. Dempsey. F. Harris, l..
Wakefield, E. ksttsl, j. Coakley, j.
Hemengay, Q. w Sayre, j. Kennedy, j.
boatoy. Il. Dresser, A. Hogan, L. E.
Callahan. o. Holmes, I. Murphy, j..