Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1894-05-18
FOR CONTEMPT.
Carter and Nineteen Of bis Followers
Sent 10 Prison.
THE JUDGES REMARKS IN FULL.
Tho General Also Fined 500, Novel;
S2j. and Three Others
$40 Zach.

OF tho twcnty.styen defendants Jointly
charged with him have been dncd In
iumbvarying from 500 to SlOeach, with
I've GayS impeachment IN addiiiopi
while fncon more are required 10 un'
dofg0 the "laillng" without any fine.
The remaining seven have been set al
liberty. The crowd present In court
while the Judge was passing sentence
was the largest ever seen la the Dolly
building az one time, aud immense
Interest and curiosity were oyincct Ia
tho result There was scarcely
standing room during tho foriy.iye
minutes that the proceedings lasted
TuE DECISION.
Judge Merritt, upon taking bis seat
on the bench nj 10 O'Clock, at once de-
livcrui Judgment as folluwt.
OnvUf AmtB Il nl W Union Pacific
Railway Company 81 ul.
An affidavit was died herein chafg.
| ing the defendants with a c0nter vi OF
court not committed Ga the view and
| presence OF tue court. IhUreupOn a
/ warrant Of attachment was Issued nnd
| iu pursuance thereof the defendants
| were nrfrAtot aud brought before tho
| court 20 auswtf. All entered a plea Of
"nut guilty." und much evidence has
/ been Introduced on the issue thus
/ iofmtd. From this evidence IL appuafu
/ that after midnight nnd Ou tue carly
/ morning Of May 18Th, 1898, at Lrhi
| Junction, In Utah Territory, sumo
members Of tue so-callod "iudusirial
| Army,n carrying sticks anu cluba aud
! with threats VI violence, seized a loco.
motive aud cars then in the possession
Of receivers OF the property Of
tho Union Pacific Railway Company,
heretofore appointed by this court
Tue seized cars were run by the cap
tors on 10 tho Rio Grande Railway track
by means Of connecting switch and
On said latter track ~ point near tho
camp OF the main body Of the army a
lew miles south Of American Fork,
where thoy found the balance OF tho
army NJ about two O'Clock NJ night
dressed ana with baggage packed ready
10 board the train. THIS they jill and
proceeded 10 Provo, ~ which polnlithe
locomotive and cars we're dufallei
FfOm the time Of such cefailment and
until the arrival Vi thu ailled deputy
u. y. marshHla from salt Lake cry AT
about one o'clock y. M various mem
tiers OF tho army worked INCREASINGLY
10 replace the train ON the track. Ih'
local peace officers ondeavofed and
were pBweTless TO restrain them
Threats OF arrest, commands Ia thu
name OF the law anu statements tina
the Train In question hai been takci
from the custody " this court through
it, receivers were treated by the atml
with dor!sion and contumrly, Whei
"a large number Of armed deputy u, =
mafshAls arrived on the scene they sue
crudod la fuscuiug the seized property
but were sllll powotloss 10 M
, rest any OF the rioters. The arm!
. massed together, branlishei sticks
dstied tho deputies, denounced th
law aud declared that they would di
. before "A man should be arrested. /
4, Was not until tue militia appeared tina
the riot was qurlled,
The different defendants Huslalno
somewhat different relations 10 thi
gfoss violation of law aud order. De
PENDANT Carter WIS the organizer an,
leader Of this army. lilo was Ia Nv
! prumo command aud all others wef
subordinate to hin, hut II II cot
. tended that no N innocent becnuae,a AS
y claimed, lac uid not participate In th
y seizure noe la the conspiracy 10 efies
IL. II satisfactorily appears that CAI
ter was not present nt the taking {
. subsequent use " the train; anu III
evidences against him 10 derived iron
his own declarations aud o1ndui
pflor 10 such seizure. His test
y mony Ia his favor must 10 col
= adhered in tue light Of sue
II declarations, anu bUi K inconalateI
with them o. well ~ IA conflict wit
the testimony VI credible Witnesses,
entitled 20 but little weight His col
" cuTfence In the common unlawf
a pufpose, like all other parts Of u erin
10 mai case may be established as an u
Ia ference from his declarations and col
10 duct, In other words, by ciroumstanli
y syiIeuce. 1 eau place NO other cot
~ struction on his declarations made
Salt Lake City on May SD last Al
ayaiu on the day immeIi itely precu,
inR the taking " tho train, than tn
lO he aud his men intended 10 aei2s
r. train aud take by force what had be,
denied 10 solicitation. Honest citiEoI
Intending no wrong DO not hni
necessary IN announcing their tutu
At movements 10 DEFY the power Of Il
IA law TO prevent them, nor, when tn
speak OF the failure OF peaceful negoti
lions. 10 assert M intention Of attal
inc the result az all events with
n without consent. His mon havii
Of been instigRtsd by him. or at lea
ata with his concurrence, 10 seiEs Il
TO train, il could 90 him but little good
nd leave his camp after no o'clock on 1
II night of May i'm ald after his mi
W. ieI 10 seize the train IN questiu
and walk two and n half miles
American Fork, where II might
or seen that lac was not physically ~
or tloipating IA the unlawful acts Of /
~, followers,
lly As 10 the other defendants, Now'
ss- Day, Gregory and Lowroy were Of
he party VINO frst seized tue train aud
HE IL not contenGed that they are I'M
ar cent, but II IL slTBuuolsly argued Il
ee' none OF tbs others are guilty. oecaute
rds II Ia claimed, they thought mo train v
'ut procured by the c0uscnt 81 inc compa
OF and not unlawfullyi aud because III
were not parties 10 tue conspiracy
unlawfully procure iL According
their account OF the Transaction No
ton oil formed a ring Of ~ or KS men wi
tor In the ranks oi the army anu Of
IA q membeTs Of this ring knew OF
ria illegal taking. That ne soon As
40 train was captured Nowell sent u
back TO camp to inform the adult