Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-04-09

their gold-mine anticipations did not ma
terialize, and they wanted to return this
way. Others claim to have left their
families in a destitute condition, and
thought they would come here and secure
some means by which they could send
money back to their homes Some of the
men, however, are undoubtedly of the
tramp order.
AT st. Louis" said one of the members
of the party, I'VE disbanded and started
out to look for work, but forty-eight of US
did not succeed, and so we started this
way"
Brought Up Today.
Yesterday the forty-one strangers spent
a quiet day in the police stations, where
they did not have to wend their way
through the rough weather. and where
they were sure of at least two good meals.
Ihat change of conditions, despite its sud
oennesS, was a most welcome one, and they
conducted them selves as if they fully ap-
Preclated a good thing when they got it.
MS morning they were driven to the Po-
lice Court and crowded into the cells and
corridors there while Judge Kimball dis
posed of the numerous other cases coming
before him. In anticipation of the men
being given trial this morning, great
crowd or spectators cOngregated in and
about the court house, the court room not
even half accommodating those who sought
admission. The men evidently had n num-
Der or friends, for Clerk Harper was con-
stantIy besieged by persons who explained
that they desired to represent the men
when the case was reached. Among these
were Mr. Herman J. Schulties of the Ameri-
can Federation of Labor, Attorney Geo.
n. rrench, Representative Hudson Of Kan
saS' Attorney A. A. Lipscomb and several
others.
The Leader First.
1t was II 10 before the men were called
Tor trial. and Mr.. Andrew A. Lipscon1b
stated that he and Representative Hudson
appeared for the accused.
Prosecuting Attorney Pugh stated that
ne would propose trying the men in masse.
but Mr.. Lipscomb objected stating that
humanity should not be tried in bulk.
MI. Pugh then called the case against
Geo. W. Primrose, who was charged under
the act OF the old corporation with bring
ing the men into the city.
Mr.. Lipscomb raised the point that the
men had not been brought into the city
until brought in by the police, and that
the old corporation had no power TO pass
such law. MIR. Pugh agreeing he nolle
pressed the charge, and then called the
case against Wiley w. Arnheim, another
member of the advance guard, who was,
ike MS fellows, charged with vagrancy.
Legal Points.
Mr.. Lipscomb then demanded Jury trial
which was refused. and them after he had
noted an exception, he entered demurrer
bad. because, among other things, Congress
had no power to pass those portions of the
act of July 2. 1922, which declare as an of
rense that one is likely to become charge
able to the District of Columbia as a pau
per, and that having visible means of
support IS an offense," and that portion of
said act which creates as an offense that a
person cannot give good account of HIM
self"
Judge Kimball overruled the demurrer,
"a ic
tribunal, he did not feel justified in deciding
that Congress had not the power to pass
the act The defendants counsel noted an
other exception, and after Mr. Geo X
French had notified the court that he would
appear for such of the men as were MEM
bers of the Typographical and Cigar Makers
Union, Mr.. Pugh called Sergeant Wall as
the first witness. He stated that the forty
one men were arrested near lexington
shortly after o'clock Saturday evening,
large force of police having gone out to
lexington to await the arrival of the
freight train bringing the car in which the
forty men were discovered. All the men
We're found in one box car and offered no
resistance to arrest
Further Testimony.
Lieut.. Teeple gave similar testimony, ex-
planning that the men were locked up at
the different precincts-ten at his station.
He found about $50 On the ten, a pair of
pinchers plyers, combs and similar articles.
Sergt. Cross testified about to the same
effect stating that a paper. purporting to
contain the Jules and regulations of the
command, was discovered among the men.
The paper was not admitted in evidence,
and Detective James Hutchinson of the
Baltimore and Ohio railroad testified that
he had followed the men some distance
down the road; that they took possession of
the box car at ParkerSburg, and that the
conductor of the freight train was afraid
to ask the men for fare. He described the
of no me- ct t1aN-
der the command of Capt. Primrose
Mr.. Lipscomb then entered demurrer to
the evidence, claiming that the charge had
not been sustained, and stating that the
men had committed To offeuse, and Were
honestly seeking employment. 1t was
charged that they We're without visible
means of support. except those given by
God, honest hearts and strong, willing
arms.
Congressional PIeader.
Representa- tive Hudson said he wished to
supplement the words of Mr.. Lipscomh
Yesterday he had been approa ched by good.
hard-wo-king men here. who stated 70 him
that they knew some of the men arrested,
and that they We're honest, industrious
men, and that they had but one object in
coming to Observation-Disclosures
Judge kimbcll remarked that an element
in the case against the men was that they
had taken possession of the car in which
they came here without authority from the
railroad. and that they had not money
enough in the whole lot to pay their fare
But that, explained Mr.. Lipscomb.
was done without the jurisdiction of this
court"
Continuing, Representative Hudson said
that they could show that the ear was
granted to them by the railroad. and that
the men had never been asked fo- their
fares. But that he said, was not a ques-
ton entering into the case The men had
a right-a perfect right-to come into the
District, they had committed no offsnse
here. and for all the court knew to the
contrary, the men might have been merely
passing through the District
But. asked Judge KimbaT Suppose
the District had reason TO ialioye that No