New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-12
HELPED ON THEIR WAY.
GENERAL" SANDERS AND HIS MEN IN
HIGH SPIRITS.
FARINu MUCH BETTER AS PRISONERS THAN
WHEN RIDING EASTWARD ON THEIR
STOLEN COAL CARs-GovERNOR LEW
ELLING'S OFFER-THE BAND
REACHES TOPEKA.

REACHES TOPEKA
Topeka Kan Mav 11-United States Marshal
Neely's special train bearing the Cripple Creek
legion Of the Co1ey Industrial" army. as the
band, under command Of General" John Sher-
man Sanders styles Itself, arrived in Topeka over
the Missouri Pacific road. this afternoon at 2
o'clock. After pulling into the passenger depot
the train was backed into the freight yard and
run a sidetrack. where 1t remained all the
afternoon. the men being locked in the cars. the
doors Of which were guarded by deputy y-marshals
armed with Winchesters.
The Commonweaers were happy crowd. and
seemed more like a party Of pleasure-seekers
than prisoners in charge Of Government officers
The coaches were crowded to their extreme ca
pacity, and nearly fifty men were left behind at
Scott City being unable to crowd themselves
Into the cars before reaching Topeka. Marshal
Nicely decided that the best place to take his
prisoners was Leavenworth. where there is
Government reservation and where soldiers are
available for service as guards. He accordingly
telegraph a recommendation to Attorney Cen
era Olney asking for Instructions and it was
owing TO the delay in the answer that the pris
were kept in confinement in the cars all
the afternoon.
A short time after the arrival Of the train
number Of Popust attorneys approached the
private In which General Sanders was
quartered and preferred him their services to de-
fend him and his men in the courts. He thanked
them for their kindness. but did not accept their
offer The prisoners will be held until next Tues
day, the day fixed for the preliminary hearing
the charge of obstruct.ng the United states
mails before United States Commissioner Wag-
ener. The Commissioner explains that this de-
lay Is made In order 10 give those Interested IN
~ arrfa frrifh
Distrct-Attorney Perry and the authorities at
Washington
In an interview this afternoon. "Generar'
Sanders said: we started for Washington and
we are going there. We appreciate the kindness
Of the Government in assisting us on our
journey thus far. They have been very kind to
us We left Cripple Creek n week ago with seven
companies and Pueblo Monday night with eight
companies having enlisted an additional COM
pany there"
Governor Lewelling, In response to a telegram
supposed to have been sent him by tho General
Attorney Of the Missouri Pacific. rendered the
Commonwealers the State House grounds as
camping place, but on the arrival OF the train
here 1t given out that the request was
simply made a joke and that there was no
intention OF using the grounds for that purpose
even though the Governor had offered them.
Judge c. c. Foster OF the United States Dis
trict Court before whom the Commonwealers
will probably be tried, said OF the movement this
afternoon:
THE stealing Of train and bringing stolen
property into the State alone do not constitute
anv cause of action in a Federal court 1t be-
longs 10 the State courts. N order 70 have the
case come within the jurisdiction Of the Federal
courts the men must have interfered with the
United States mails or violated the interstate
commerce law or some other act Of Congress-.
At 5 o'clock Marshal Neely receiving no reply
from Attorney-Ceneral Olney ordered the men
released from the cars. and they went into camp
I'm the railroad yards. He then ordered sup
plies OF groceries and meat and obtained from
the State sufficient tents TO shelter the army.
A telegram was received this evening from Dis
trict-Attorney Perry saying that he could see no
reason why the men should be taken to LeaVen-
worth. and the Marshal inferred from that that
the General had referred his message 10
Perry The District-Attorney will arri"e In To-
neka tomorrow when the arrangements for the
preliminary hearing will be completed.