St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1894-07-31
TWO STRIKERS ON TRIAL.
ENGINEER BEST AND FIREMAN KEEL
LETT. TIE PSRTisS
WHO DESERTED THE ENGINE,


Leaving an Eastern Minnesota
Mail Train on the Main Line
Government Rests and Defend
ants Lawyer Moves for Dis
missal - District Attorneys
Argue tho Matter Today.
The trial of William B. Best and
man ON the Eastern Minnesota road
who left their engine on the track dur
ing the Great Northern strike, began
yesterday IN the United States district
court. with Judge Williams on the
bench. District Attorney Suinger
and Mr.. Stryker, his assistant,
are conducting the case for the
government, prompted by Col. w. L.
Clough and Cryus Wellington. of the
Great Northern road. G. d. O'Brien is
attorney for the defendants. The in
dictment charges that OH June 26, while
engaged on the Eastern Minnesota road,
the defendants conSpired 10 OoStruct the
passage of the United States mails from
the union depot at ST. Paul to the union
depot at Minneapolis.
The jurors before whom they are OIL
trial are James Sharpley. of Delavan;
c. j. Case, Shakopee; D. G. Handy,
Minneapolis; John Fewer. Minneapo-
lis; l.. ". Aver. Belle Prairie; Charles
w. Lane, Minneapolis; d. F. Fuller,
Monticello; Frank Hart, Auoka; Guy
Maltby, Red Valley; Jacob Heinker.
Hastings; P. Olsen Earl, Minneapolis,
and Joel Stone, Buffalo.
A number OF witnesses were called on
behalf of the government to show that
Best and Keliett had abandoned a mail
train after leaving the union depot in
this city. and left it across the Northern
Pacific tracks shortly after o'clock on
the day mentioned.
j. h. Morrison, superintendent of the
Great Northern roundhouse. testified
that Best and Kellett lett the train Oh
the tracks and reported at the round
house. On cross-examination MIR
O'Brien asked if there were other
engines and other engineers at the
roundhouse that could have been
called upon to take the train out.
Judge Williams suggested that the
question was immateral, as it was
shown that the engine abandoned was
in good condition, but after some argu-
| ment permitted Mr.. Morrison to an
swer. and he said there were. In an
swer to question by Mr.. Stryker, the
witness said he understood the strike
was over at the time. He also stated
that ether engineers refused to take the
train out, because the engine had been
abandoned by the engineer in charge.
j. o. Petite. superintendent of motive
| power, testified to trying TO get other
engineers to take the train out that had
| been abandoned by the defendants.
| Three other engineers were requested
TO take the train off the crossing. but
| declined. They were then commanded
to do SO, but refused. The reason given
| by one of the engineers, after taking out
| of his pocket a book which he consulted,
was that the constitution of some So
ciety to which he belonged forbid his
| doing so.
Mr.Stryker asked if the train had been
| left at dangerous place. Mr. O'Brien
| objected. Judge Williams said he re-
garded it a material question. 1t was
dangerous TO mail service, and there
being mail on the train made it danger
| Gus to interfere with the movement of
the whole train.
Mir. Petite said that he did not con-
1t being left on the cross-way prevented
| the Omaha and Northern Pacific trains
from passing for about two hours. The
train was finally moved by the witness
and other road officials and put upon
the main track so that trains could pass.
Mr.. Stryker asked if there was a
crowd of men OH the track.
! Judge Williams said that was not
material, as men being on the track
| would not be an obstruction. at is a
world wide presumption that if men
are OH a track in front of a moving train
they will get Off" added Judge Will
Jams.
Mr. O'Brien began to cross-examine
Mr.. Petite, who replied indirectly to his
questions. MIR. O'Brien suggested that
| he answer questions as asked, and some
| bandying of words passed until the
court interfered. Mr.. O'Brien. address
ing tie court, said. Your Honor, the
witness replies My dear boy say that
there is no paternal relation between us.
| and l am not boy"
Judge Willams-The witness will
answer questions directly.
Mr.. Pettie-Oh, yes. All right. /
meant no disrespect to the court.
When asked by Mr.. 0'Brien again
why he did not move the train. being,
as he said, a practical engineer, Mr..
Petite said he had other business at
that time.
Mr.. Petite was asked If Best and
kellett had not been taken back into
the service of the company.
Judge Williams broke in with the
statement that the question was i'm
material. That was a matter of taste or
business. Some roads would take the
men back and Others would not.
j. G. Heron, who had charge of the
roundhouse of the Great Northern,
testified that Best came 10 him and re.
ported, and told him to put another man
on his engine, as he could go no fur
| ther. IhS witness Turned the matter
over to Mr.. Morrison and went home
and sawed wood the remainder of the
day.
E. B. Wakeman, general superin.
tendent of the road, testified to seeing
the train on the track.
| Mark McKendrick,O of the mail service,
testified that there were usually about
dozen pouches sent out OH the Eastern
| Minnesota train daily. He had no
means of knowing whether or not any
mail had been sent out on the train
In question, or whether there was
any mail in the sacks. Some
| times there was no mail in some of the
sacks sent out for small towns. Judge
| Williams took hold of the witness and
questioned him sharply. after charging
him, as a servant OF the government, to
answer just such questions as were
asked, and to remember the duties of
| his office The nnasfinninG hnu.ara,