The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-07-26
THE DEBs PROSECUTION.
The Defendants Failed to Gain Point In
the Case Yesterday.

The Defendants Failed to Gain Point In
the Case Yesterday.
CHICAGO, July 24.--Debs and the
other officers of the American Railway
IN. on met with decided reverse to.
day in their fight against the prose-
cuLiOn for contempt in the United
States court. The court decided that
the answer filed by the defendants is
not sufficient reply to the charge of
contempt and the motion of their at
torneys that they be discharged was
Overruled. The court will near the
evidence of the government to sustain
the contempt charge and defend.
ants will be given the opportunity
to prodace evidence in their defense.
The argument in the case was finished
shortly before o'clock this afternoon
and the decision of the court was an
nounced by Judge w Gods after he had
conferred tor few minutes with his
colleague, Judge Grosscup In cub.
stance, Judge Woods said: The main
point alleged is that contempt case
is like a criminal proceeding, and the
motion to discharge the respondents
on the ground of their answer deny
ing the contempt is conclusive. 1t is
true that procedure like this is
criminally technically but not essen
italy. tits an incident in the main
case in equity under the bill filed by
the government. No case has been
cited herein which the federal courts
have sustained the proposition put
forward by the attorneys for the re.
spondents. If anything should hap
pen to change our minds during the
further course of the case the defend.
ants will have the benefit of the
change. AS it now is we are content
to rule that the answer is not COM
plete. AS the case is not to be further
examined it is well that all que, tions
be kept as free as prssible from opin-
ions from the court and we will there
tore not give an extended opinion"
Judge Woods then asked the attor-
neys in the case to state how long it
would require to hear the evidence on
the charge of contempt. AS he did
not wish to remain in the city, he
suggested that the matter be referred |
to master in chancery to take testi-
mony. The suggestion met with |
the favor of the counsel for the de- |
tense. but the lawyers for the govern
ment opposed it. Mr.. Mlllchrlst said |
the evidence for the government could |
all be presented in a day at the most,
while Mr. Gregory suggested that the
case be given TO master, with orders
to report in three days. The court
finally decided to go on with the case
tomorrow morning with the under
standing that il it did not make
progress it might be sent to q master
at any time. During the session Mr..
Erwin Walker, special counsel for the
government, made the suggestion
that it was within the power of the
defendants to end the trouble
by declaring the strike off.
Judge Woods said that il there are
any further violations of the ipiunc-
ton supplemental information can
be filed and the guilty parties will
find themselves in u much worse DO.
sitiOn than they would otherwise be
in. Attorney Gregory denied that
IL was within the power of his clients
to declare the strike off, or that any
trouble which may exist on the rail-
roads is within their control. With
that the subject was dropped.