The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-07-18
AFTERMATH OF THE STRIKE,
The Trial of John HOwarth and
Martin Kelley.
Charged With Contempt Against the
United States Court.
Che Testimony Taken Under humorous
Objections by Attorney O. O.
6tephens-Claim of tho
Defend ants

Tho contempt proceedings against
John Howarth and Martin Kelley, OF the
Needles, came up before Judge Ross
yesterday morning in the federal court.
and the day was spent in the trial OF the
case.
There was some delay in starting on
sccount of an error by which Howarth
had not been brought to court. When
he came Mr.. John Denair, superintend-
emit of transportation of the Atlantic
and Pacific railroad, WAS put on the wit.
ness stand, and detailed the circum-
stances upon which the charge ia based.
He told about the tie-up OF the rail-
road at the Needles, and that Howsrth
and Kelly attempted to intimidate
Engineer Jesse Thompson the day he
took train out. by calling him
''scsb" and "a diegrace to his mother"
and used some language about killing,
that Thompson either would be or ought
10 be killed.
Deputy United States Marshal J. A.
Smith was the next witness and do
scribed how be arrested Howarth ON the
right of way of the railroad. He had
ordered him OFF and Howarth told him
to get away and used an obscene ex-
preston about him and the United
States court.
When the case was resumed at 2
O'Clock, United States Attorney Denis
offered in evidence copy of the tele-
gram appointing j. A. Smith as deputy
United States marshal at the Needles.
Attorney Stephens, for the defense,
attempted to show that Smith, who
ordered Howarth off the premises of the
Atlantic and Pacific railway. was not an
officer and was no more than a private
citizen, when Judge Ross suggested that
the question of his being deputy mar
shall was not material one way or the
other.
Smith was recalled to the stand to give
his position with the railway company,
and to chow whether he was under juris-
diction of the court in being employed
by the receivers OF that railway.
Merriman, Mojave Indian, WAS
called to the stand by the prosecution,
when Attorney Stephens objected to his
testimony on the ground of the old law
that an Indian could not testify against
white man in the federal or state
courts. Judge Ross, upon looking the
matter up, decided that the Indians
testimony was now competent.
The Indian testified to knowing
Howarth, otherwise known as Spring
Jim, and said that Howsrth had warned
him against working for the railway or
he would be killed. Howarth also
warned the other Indians from working
for the company or they would all be
sent to the reservation. Merriman said
that it has been three or four years since
he worked for the railway. 1t was quite
the conversation took place. The In
dian, upon being closely questioned by
Mr.. Stephens, contraaicted the state.
ment he made several days ago. At
that time, before the commissioner, he
said that Howarth warned the Indians
to quit work or they would be hurt-not
"killed."
Master Mechanic W. S. Hancock of
the Needles was called to the stand to
establish the employment of Howarth
by the Atlantic and Pacific railway. He
showed that Howarth was considered
out of the employ of tho company at the
time of the trouble for which he was
being tried.
Thereupon the government rested its
case, and the attorney for the defense
placed the defendant Kelley upon the
stand. Kelley said that he did nothing
to stop the progress of the train, and
only cheered the train when it pulled
out. There were $50 people, the major
ity OF whom were strikers, around tho
train at the time. He quit the employ
of the company on the 2Sth OF June,
joining the strike.
The defendant Howarth was called to
the stand. He stated that he went out
of the company's employ on June 9th.
On the morning of the 9Th OF July, the
day upon which he is accused of com.
uniting contempt, he went over to the
crowd surrounding the train. OF which a
man named Thompson was in charge az
engineer. He asked the engineer if he
Was going to sacrifice his manhood by
taking out the train. Thompson never
replied. but moved out with his train.
General Train Dispatcher Denair waved
hip handkerchief. when the train moved
out. to which the crowd yelled derisiye-
ly. When he started to 60 home and
walked by the depot he was accosted bv
Deputy Marshal Smith, who warned
him to get off the railways property.
He told Smith he was going, when he
was grabbed by the deputy and Dis
patoher Denair, who hustled him into a