Weekly independent. [volume] (Elko, Nev.) 1887-1914, 1894-08-19

OlN anu NuS DOTn Ill JOlCI, Ills. 1Lt
prosecution here registered one last
kick against his being sworn. They
stated to the Court that his Honor
had not made to the witness the
Statutory stament; that is, telling the
defendant of what he is charged and
giving him the privilege Of waving
the right TO make Il statement.
Counsel for the defense had preYi-
ouSly stated that the defendant would
waive Il statement. but this did not
suit the prosecution. His Honor
complied with their request. Cum
ming' testified that on the night of
July :Ird he ~went on duty rs watch
man after II O'Clock. ! went to the
stationary engine and noticed there
WIS very little water in 'he Suage.
Then | went to- the rouni.house to
look for Walker. Found him there
and told him the water was very low
and he had better go and look after
il. He left the round.housc and l
presume went to the stationary. l
left the house soon after and walked
around.the yard"
what woull have been the result
hal you not notified Walker of the
condition OF the water in the tank"
Objected to by prosecution and Oh.
lection sustain by Commissioner.
did you hear Mr.. Walkers testi.
mony that YOU had taken his lantern
away from him. and dill you take it
away from him."
Il did not. He did not have the
lantern in his hand. 1t was hanging
on the guage lamp on the engine
where he hal been lying down. |
suppose he had been asleep
~Didhc take the lamp with him?-
Il can't say positively; but think he
did"
did Cleary go in the round house
with you?-
NO. sir: | did not see Cleary
around the round house at all"
Walker testified that Cleary was
with Cummings when Cummings or
derel him from the roun | house and
that Clcary had followed him from
the rounl-house.l
Counsel for the prosecution object
ed to the in which Wren was
questioning the witness.
Court ordered that lending qucs-
tons be avoided.
Witness was turned over to tho
prosecution for cross examination but
they stated they had no questions to
ask and the witness was c:cuscd.
Thomas Cleary was called To the
stand OH behalf of Thompson and
Cummings. Same obi ~'ctions offered
as with Cummings. Ovcrrulei.
Adjourned till / u. NJ.
Cleary testified that he as 3Oycars
old and has resided in Carlin last ~
years. Was Il member of the 4. R.U.
Oh June 29th and attended Il meeting
Of the union that morning. About I
o'clock that morning we received or.
ders to strike and Il meeting was call
to take action on that order. We de
sired to endorse the order of Debs and
strike. During this meeting the ar,
rival Of No. i was discussed. and
March and others. myself included,
made talks i'll favor Of allowing this
train TO proceed, and il was during
this discussion that No. 1 arrived
March said nc was going ovcr To take
orders for this train. and most of us
went over ] saw Il larger crowd
around the pullmans and ] walked w
pretty close TO see what was going on.
When | got close enough to see | saw
that the hose had been disconnected
between the pullman and diner. |
then walked on down the platform Ia
the Office. ] stayed there for Il few
minutes and then went buck toward
the c Il end of the train. As ! started
back ! saw Morgan give Il signal to
the train To go. / met Mr.. Asher. hc
said to me they are going; you had
better go to the rear end Of the train
and turn on the air. said. why
don't you turn it On?' | don't re.
member il he replied, but | thea went
back to the Office and thea the train
started and it moved a few feet. |
looked back To the rear end and saw
that the pullmans were separated
from the train. | then went down 10
sec what was up. | crossed ovcr the
train between tho coach and diner
and when | got down | met some of
the passengers there md they said we
will go in the coaches. If they will take
the train that way Tho passengers
then transferred from the pulImans to
the coach and said they could 20 that
way all right. Thoy said II tho On
bonsc was put on behind the diner.
that there would be more room
and tho company would LET the train
proceed, The switch engine was com.
ing up tho track and I got on the
front end. They backed down and
coupled on to the coboosc and two
pullmnns. Tho pullmans were put on
the rip.track aud the Cuboosc wns
put on the train and the train made
up. but II few minutes after, the train
wns put on the side track by Morgan
where IL remained fout ur five hours
or ~thcrcabout. I went to lunch.
Aitcr returning. I met March and