The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1894-09-13
THE DEBS CONTEMPT CASE
THE COURT ADMITS EVERYTHING
OFFERED IN EVIDENCE.
Railroad Employees Testify to Various
Acts Which 1ntimidated Them From
Discharging Their Duties-Con-
tested Evidence


CHICAGO, Sept. THE examination
of railroad strikers was begun today
in the trial of the American Railway
union officials. Switchman Krieger
of the Chicago, Milwaukee and st
Paul, testified that Conductor Nc
Auliffe, head of the Milwaukee Amer
lean Railway union, had come to him
with request from Debs that all the
Milwaukee railway men strike.
"McAuliffe said that Debs was sure
We would win," the witness said, land
urged us to go out l replied that if
we could be assured that our places
would be secure if the strike should
be lost that the men would strike. Not
many of them went out, however"
A fireman on the st. Paul road tes-
titled that he had left his place be.
cause OF intimidation, and an engineer
on the same line said he was told that
if he did not leave his engine he would
never get out of Chicago alive.
William l, Henry of Kankakee, a
switchman in the employ of the Hi
noiS, Indiana and Iowa railway, was
the next witness and one of the most
important offered by the government,
because he had personally received
telegram ordering him to call out the.
men. MIR. Irwin objected to the tes-
| timony because it concerned a road
not included in the injunction, but
the court decided to admit the evil
dence as possibly throwing light on
the intentions OF the correspondents.
Replying to Mr.. Waller the witness
produced several kilograms he received
at Kankakee signed E. V. Debs. All
of these he read. The first was re-
ceived by the witness on July and
read: Adopt measures to get Big
Four out. Promise protection to ali,
whether members or not. Appoint a
committee and wire name of chairman.
At that time witness was a member
of the American Railway Union. Wit
ness showed the telegram when he re-,
ceived it to several switchmen, but
took no further action. During the
trial today Judge Woods expressed
the opinion that street lines can be
considered as engaged in interstate
commerce because persons en- route to
railway stations to take trains for dis
tant points ride in them. He also de-
clares the business of the Union stock
yards to be interstate commerce.
AT the afternoon session several
witnesses testified to acts of violence
committed at various points during
the striGe, Their evidences was OBJ.
jacCed to by the defense on the ground
that it wac wholly foreign to the issue
because it did not show that any OF
the actual defendants in the case,
Debs, Howard, Keliher, Rogers, or
any other directors of the American
Railway Union, were in any way con-
nected with such disturbances.
Mr.. Walker, assistant United States
attorney, replied that he would show
how the connection came later, and |
the evidence was promptly admitted
by the court upon that assurance. The
defense also objected to all testi-
mony that delt with the acts
of the strikers before July
2, the day on which the injunction of
Justices Woods and Grosscup, the
basis of the cOntel4 pts, we're posted.
In overruling this objection the court
said that such evidence was admitted
TO show that the situation on the days
succeeding the posting of the injunc-
ton was better than before, or, in
other words, that no attention was
paid 10 the orders of the court.
Just before the afternoon session
adjourned Mr.. Erwin arose and burst
into heated denunciation of the
methods pursued by the governments
attorneys. He said: "The govern
ment has no more right to lay before
your honor this strained condition of
public duty than it has to vex the
public by this proceedingsn
Judge Woods seemed surprised at
Mr.. Erwin's sudden break, then lean
ing forward in his chair, calmly said.
1.-The court, of course, gives counsel
credit for cRndOr in all three of his
objections and has not announced to
the contrary in one way or another
and so far as the burden thrown on
the court is concerned, the court will
necessarily have to bear it. But it is
expressly averred in this information
that these scenes of violence did go Oh
and that your people We're RESPONSE
bic for them. Nov l DON'T pretend to
know, or say, or guess how the gov
eminent can carry its proof in that req.
pect, but don't see, because one wit
ness has testified to thing. that /
have not the right to allow another
to testify to the same thing. Of
course, 80 far as the public is concern
ed, it is desirable that no mistake
should be made, and l intend it will
be the responsible duty of the court to
put the matter in shape that the pub
lie will understand how we have pro.
ceeded." Adjourned.