The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-08-01

CHICAGO, July 24-Debs and the
othel. officers of the American railway
union met with a decided reverse today
In their fight against the prosecution for
contempt in the United States court
The court decided that the answer filed
by the defendants is not a sufficient
reply TO the charge Of contempt and the
motion Of their attorneys that they be
discharged was overruled. Tomorrow
morning the court will hear the evil
dence Of the government to sustain the
contempt charge. and the defendants
will be given the opportunity to produce
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 Woods after he had
conferred for a few minutes with his
colleague, Judge GrOsscup. In sub
stance Judge Woods said:
1.-THE main point alleged is that con-
tempt case like this is a criminal pro-
ceeding and the motion is to discharge
the respondents on the ground that their
answer denying the contempt is con-
elusive. IL is true that a procedure like
this is criminal technically, but not es-
sentially. 1t is an incident in the main
case in equity under the bill filed by the
government No case has been cited
here in which the federal courts have
sustained the proposition put forward
by the attorneys for the respondents If
anything should happen to change our
minds during the further course Of the
case the defendants viii have tn bene-
ct Of the change. As il is now we are
completei as the case Is to be further
Examined il Is well that all questions be
kept as free as possible from opinions
from the court and we will, therefore,
not give any extended opinion"
Judge Woods then asked the attorneys
In the case 10 state how long it would
require to hear the evidence on the
charge of contempt. AS he did not wish
10 remain in the city he suggested that
the matter be referred 70 a master in
chancery TO take testimony. The sug-
gestiOn met with the favor Of the cOun-
sci for the defense, but the lawyers for
the government opposed it.
Mr.. Milchrist said the evidence for the
government could be all presented in a
day at the most, while Mr.. Gregory sug-
gested that the case be given to a mas
ter with orders 10 report in thirty days.
The court finally decided to go on with
the case tomorrow morning, with the un-
Outstanding that If it did not make rapid
progress it might be sent TO a master at
any time.
During the discussion Edwin Walker,
special counsel for the government, made
the suggestion that 1T was within the
power Of the defendants TO end the trOu-
bic by declaring the strike off. They are
still in contempt, he said, and the gov
eminent IS IN possession Of information
that the injunction IS still being violated
Judge Woods said that if there are
further violations of the injunction a
supplemental information can be filed
and the guilty parties will find them
selves in a much worse position than
they would otherwise be in.
Attorney Gregory denied that it was
within the power of his client
20 declare the strike off or
that any trouble which may exist on
the railroads is within their control
With that the subject was dropped.