The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-12-15
Howard, keliher, Rogers, Burns, Ell
liott, Hogan and Goodwin Let On
with Three Months Each.
AN ELABORATE DECISION
EVERY POINT Considered AND A
HOST OF AUTHORITIES CITED.
Relating to Restraint of Commerce
and What Constitutes Conspiracy
The Question of Fact.

CHICAGO, Dec. 14-Judge William A
Woods, of the United States Court to-day
rendered a decision finding the officers and
directors of the American Railway Union
guilty of contempt in refusing to obey the
injunction issued by the court and for in
terfering with the management Of the
Atchison railway, concern in the hands
of receivers appointed by the federal au
thorities. The defendants. with their Off
cial positions in the union, were President
Debs. Vice President Howard, Secretary
Keliher, Treasurer Rogers and Directors
Burns, Elliott, McVean, Hogan and Good
win. Debs was sentenced to six months
in the county jail The others were given
three months each, except McVean, whose
sentence was suspended.
The cramped court room was crowded
when Judge Woods entered and took his
seat on the bench President Debs and
other defendar ere present, and, in vari-
Gus attitudes OF anxious interest, listened
to the reading of the decision. With Judge
Woods Judge Jenkins occupied the bench,
and many prominent attorneys were pres
ent to hear the outcome of the proceedings
against the leaders of the great railway
strike of last summer. Judge Woods's de-
csion, which is lengthy, was read with
great deliberation. 1t is given in full.
After announcing that the defendants were
found guilty. charged. the Judge said
it was not in accordance with procedure
in such cases to permit the defendants to
say why sentence should not be passed, but
in this case the court would allow it.
Attorney Darrow, representing the de-
PENDANTS, asked that his clients might re-
tire for a consultation regarding wha.
they should say, and after brief recess
the strike leaders filed back into court,
ranging themselves before the bench. At
torney Darrow, speaking for them, said
that they had no wish to make separate
speeches, but felt that they had done no
wrong. The attorney advised the court that
Director Mcvean, one of the defendants,
was out of the city during the strike. A
lengthy argument between attorneys fol-
lowed over the proposition to discriminate
in McVean's case, which the court termi-
mated by suspending sentence on McVean.
In sentencing the other defendants Judge
Woods said: Punishment should be neither
indicative nor trivial. These men were
in willful contempt, under what legal ad-
vice 1 should like very much to know.
These men We're the leaders, in great
measure, of lawbreakers and are RESPONSE
Die DIS ledueTS- lSuOTdHl Ileu WuO 1OilOWcQ
them have been punished. Mr.. Debs is
more responsible than any other. He is a
man of marked ability and power over
men. Il feel constrained to discriminate
between him and the others. The punish
ment against all defendants except Debs
is three months in Jail, and against Debs
six months"
The defendants did not appear particu-
larly crushed by the punishment. Debs
bowed his tall gaunt form and whispered
few words to his sister who sat near and
they both laughed heartily. Howard and
Hogan exchanged smiling glances and Keli-
her grasped his attorneys hand eEd ap-
peared to offer congratulations. 1t was
evident that all had expected much more
severe sentences and all wore a look of re-
lief. Debs drew his people together and
instructed them to say nothing for publi-
cation, setting them an example by refus-
ing to discuss the case at all. After the
murmur of excitement over the sentence
had subsided, the court announced that
the punishment was not to take effect
for ten days, in which time the defendants
will prepare an appeal. The prospective
prisoners, after consultation with their at
fOrnevS left tho courtroom,