The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1894-07-24
DEBS And COMPANY
Are Now on Trial for Conspiracy
and Contempt
IN TRYING TO OBSTRUCT THE
PASSAGE OF THE U. S. MAIL.

The Defendants File General Denial to
the Charge and Their Attorney in His
Argument Claims that Debs Had Moth
ing To Do With the Strike Except as an
Adviser. NN
Chicago, July 23.-The hearing of the
contempt pro ceedings against Debs.
Howard, Keliher and Rogers was the
special order in the United States Cir
cult Court this morning. Counsel Walk
er appeared for the government, and set
the ball rolling by calling attention to
the supplementary attachments tnat had
been issued for Overton, Driscoll, Curtin
and Phillips, and asked that thew be
called to the bar. Only the two first
named were in court, and their cases
were set for Tuesday. Counsel Gregory
entered a formal motion for dismissal
of the information and the discharge of
the defendants. This will be argued
later The Information and the answer
Were.thensread. The latter denies in toto
every allegation made against them,
and insisted they had in no way placed
themselves in contempt of court
Debs and his associates. in fact.
telegrams which 1T is charged they
sent, with one exception. They admit
ted having sent letter to the general
managers, but it was subject to The ap-
proval OF the men interested. In fact.
Debs said he had no power to order
strike or to end one, and that he only
advises, and the members of the Union
act Voluntarily. At the close of the
reading of the answer, Attorney Irwin
briefly summarized the attempting to
show that there had been no violation
of the injunction. He said, however
That even If there had been, the judges
would have been unable 20 pass on the
question OF contempt without going into
the merits of the case, which was TO be
tried by jury upon an indictment. He
asked that the district attorney elect
whether he would continue to proceed
against the defendants on the iniunc-
tion or by indictment, as il would be
impossible to try to punish a man twice
for the same offence and on different
proceedings. he asked. that the suy-
gestion of Mr.. Gregory that action he
deferred be accepted, or that defend
ants be dismissed for nsufficiency of
Information.
the same points and pleading for trial
by jury. He was III the midst of long
list OF citations in support of his eauee.
when 1ecess was taken.
At 2 O'Clock, Mr.. Gregory continued
his argument for the dismissal. "Debs,n
he said, was by the original bill of IN
Junction enjoined from causing the rail-
road employees stosleave their work or in
any way interfering with the traffic of
the railroad companies by force or vio-
lence intimidation or persuasion, but the
word persuasion WAS stricken out by the
Judgegwho granted the injunction. To
prove violation of the injunction a
specific charge of specific act of force,
violence or intimidation had to be made,
and in this:proceeding it has not been
attempted except so far as the kilograms
are concerned, ana even in these no
threat Of violence orr intimidation is
shown" Mr.. Gegory quoted from numer-
GUS decisions to show that the defend
ants answers in the case should be taken
as conclusive, and all testimony exclud-
ed.
He finished speaking at so'clock, and
Edwin Walker Immediately opened for
the government. His remarks were
that these defendant have entered into
cofederacy to interfere with the United
States mails and interstate commerce,
through the crippling sof various rail-
roads. The Railway Union speaks and
even boasts of tying up business and
1nJur1ng the company, yet they want to
claim that the government has no right
to restrain. When this attachment was
Issued to force cessation of interfer-
ence the government was severely criti-
cised, and it was said that we have Civ
en- notice to show cause, while as mat
ter Of fact the principal defendant and
his counsel were in court aud consented
to the issuance of the attachment. This
boycott, he declared, emauated from the
OH ce of the directors of the American
Railway g MON, and they are response
BILE for every act of violence that has
their orders" Walker ceased
speaking at 5 O'Clock, and the court
until tomorrow morning.