The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-06-13

Oh Juo army.
j. B. Bunnell, the engineer Of the
train which the Industrials captured,
testified that on the morning OF the 7th
inst, when bis train was about a mile
out from Mojave, he was signaled to
stop by q torpedo on the track, and a
short distance farther lantern was
swung across the track. He stopped the
train and the Industrials climbed aboard,
when he refused to move it any farther.
An engineer from the ranks of the In
dustrials took the lever, and the train
sped on to Barstow, distance OF 70
miles.
Conductor Newhall took the stand
and said that he first heard OF the pres
ence of the Industrials when his train
WAS stopped, mile after leaving Mo-
| jave. The men did not ask permission
| to board the train. When the train
reached Barstew Newhall told them the
| road was in the hands of receiver ap-
pointed by the United States court,
when they replied that they expected to
| make test case OF it, and wanted to be
| tried at Leavenworth, where they want
ed the government to take them on their
way eastward. Upon cross-examination
he admitted that persons had ridden
| free on the road under similar circum-
stances.
Thomas Prindiville, yardmsster of the
road at Barstow, also constable and dep
uty sheriff, met the Industrials at Bar
stew. He warned them to keep off the
train, as they were 'bncking" against
the government. The men got off W hen
he told them an engine had been sent
out, and turned the water out of the
tanks along the road. There were tele-
graph operators among the army, for
they would listen to the dispatches and
impart them to the whole body of men.
The railroad company ordered its oper-
ator to stop work, as the Commonweal-
ers were learning the affairs of the COM
pany. Traffic was delayed end an east
bound and westbound mail train were
delayed.
Attorney Brooks ELECTED the informa-
ton from Prindiville that he had sent
similar bodies of men back to Mojave
from Bsrstow Upon one occasion he had
shipped 68 men back upon authority of
the railroad company, and had fur
niehed them with SIS worth OF pro-
visions, for which be expected the COM
pAny to reimburse him. Martin Cooney,
the spokesman for the Industrials, had
told him he did not know the road was
in the hands OF receivers.
A. E. Dorsey, q brakeman, testified to
going back to Mojsve after the train was
stspped and notified the officials of the
stay off the train.
rated the testimony of the preceding
witness.
Fireman Oliver Crawford testified to
the came facts, as did the engineer.
Marshal Covarrubias gave graphic
account OF how he arrested the men,
and this testimony brought the case for
the defendants up to the important
point, for Mr.. Brooks asked dismissal
of the case without further testimony,
on the ground that the men had not
violated an order of the court, not hav-
ing known that the road was in the
denied.
Martin Cooney, the spokesman for the
defendants, was then called to the stand
by the attorney for the defense, and
stated that he did not know the road
was in the hands of receivers appointed
by the United States courts. Cooney
the army was to be hauled
" VIZ Couhty iiAOs db bno
supervisors of that county had paid the
Southern Pacific Railway company $400
to transport them to the line. Cooney
had always gone ahead and secured
arrangements for provisions for the men.
He had asked the under sheriff how far
the army was to be hauled, and was told
to the county line. The reason the army
went q mile from Moisve to take train
was that there is always a sort of an
understanding between the railway en-
ployees and such bodies of men that
the railway companies were made liable
for damages by hauling a lot of men
into place from another station, and
the men had to get off and on away
from station.
Attorney Brooks presented an agree
ment entered into by all the Industrials
to the effect that the men were sworn to
support the constitution of the United
States, and to not defy nor break any
laws OF the United States.
On eross-examination by Attorney
Starry, Cooney stated that he thought
there was no particular objection to
taking the train on account of the agree
ment with the Kern county officials to
haul the army to the county line.
He stated that he rode from Bakersfield
to Mojave with "Col." Barker, but did
not know where he is now.
The defendants' attorneys asked the
prosecution If they were willing to ad-
NIT that all the defendants would swear
that they did not know the road was in
the hands OF receivers, and to the same
effect as did Cooney, when Attorney
Slany for the prosecution SAID he would
not admit anything, whereupon the at
toIneys for the defense began calling up
the defendants to testify one by one.
The first witness called testified to all
the statements made by Cooney, and
went into minute details as to now the
train was taken. All OF them stated
that no one ordered them off the train,
and that they did not know the road
was in the hands of receivers.
United States Attorney Denis asked
that the testimony given by the wit
nesses that they did not know the road
was in the hands of receivers be stricken
out, because, he said. the absence OF
knowledge was immaterial. He cited
authorities on the subject, but after
short discussion the court took O recess
at 2 O'clock.
When the court was convened at Q
O'Clock United States Attorney Denis
took up argument in behalf OF his
motion, and said that il the court held
That the parties must have knowledge of
the road being in the hands OF receivers,
there was no further use OF examining
each of the defendants.
Attorney Hunsaker stated that under
the courts order the receivers of the