Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1894-07-14
20 -. " .s.. sssvrsoss.
oss ~ tee = u q. see Gees o. .
ss,t 4. th~ rss.ts San.

l~torr Judge Collt"r, charging Engineer
wsgg aud Fireman Stock.,, with disobs
di.nce ~ the r'r"iv-fp' oricrr.
Mc-srr strrry, Clancy aud frrgu-s"n
we're array-d on the aide II the pr-ecu.
ton. againr, Mr. Adams on the defence.
The hrr, witn-se callel 10y the pru~-cu
t,on wac J. W Walker. who ,estihei tina,
In Mr. Gabcls absence he vas the chiet
representative ~ the receivers ~ this
point, AMI iha, he hal served an
Nr wngg ami Mr. a1~'keu the genera,
opirr ~ inlunctHnj that he me, Mr.,
wngg IN the stree, "ne lAy and asked
him What he wac guiug 10 do about run.
ming hi- train, when wagg ,rl'lt-d tina, he
Was "a strike, aud that " IA" strikers
won hr wouId expect H. 'r taken hack.
aud " they failed he wnn'd expect NJ
merry Tie testified tina, hr b"licvei MIR
wAgg WAS ,!yua,nt,-r ia, co'ih give u"
instance ~ any dem, ns,ra,lon ina'le 10y
MIR wasg IA either wor,l ~ act lie trs
,hrd further that MIR wagg had been ~
the employ ~ the company tnr iw"lv"
yeats. aud that neither h- nor St"ckc,l
hal given any notice IT, the receivers u'
their intention Ia uui, the service II thu
company
Mr. kr,gier. Mr. English's chief clerk.
testified that he hal ~ information irnm
wagg or = "ckctl tusi hey were g"ir,.
- leave the employ IT h" RECEIVERS ana
pru-iuctd H., contract amber which h,
hrrm-u and engineers cnniIs,c ,-i tn wur \
ft the company; ~ further evidence e..
Il" fari they hal ~, Iu,, h" rsiur'i
RECENT 1T the company showing thnr
Wagc hri = book belonging I" the com
pauN tot which ur agreed To- pay 81 10 n
not returned IN leaving ia" Srrvir" On
crrss 'NamluAtinn u appeared hH his irs
timuuy that ! wRr the custom where al
employ" Im To- deduct from his rheck
the amuut oi money due tu ia" cumrnn,
for ANY material thc engineer m,gh nav"
tina, they we're paid only for he number
~ miirr actually run ~ ,hr sch" iulc
prirr and Il no mileage was made their
uRtn"s would not appear 81 the pay roll +;
tha II any rmplnyc faded Ia rign the call
book, unless he could give sa,isfAr ory
reason for his hiinr" To- Il" So, Ia "as
discharged.
The prosecution also called the day and
~" uigm callers, who iroih pr'Senlr! the
burks used 10y them, showing the fat
that both Wagg AMI StTK-tt refused tu
sign when they were called The day
caller who called Wagg, sad hr told him
he was nu STRIKE. aud therefore could
not ~. aud the ntSHt caller, whu call"l
St"ck"tt. raIl St",kr't sai h- could uut
e. hr,aur'' hr Was on rtrlkr FROM the
ryid-nc" Il appeared that Stockrtt wRs
AN EXTRA fireman AMI only hat employ
rurnt when ia" regular fireman could not
be- had; and her" II vs. shown that th.
regular fireman had also refused 10 ~
The d"t.nsr rsli,d ~ wi,ur-s Nj
walker an1 asked han al,"u' the service
-: th" iujuuctinu on ~ WAgg aud IT hr
prsnu,. dlrrcuun 10 Am not H. ~ un w."
property IT ia" company. whlru IA" All
nj ted having gtv"u not tn WagE directly
hat tna rr'~d of thr'" ~ four men whom
h" met "u the street. nf which Wsgg VAS
"a member
The defense then introduced in evidence
IA" affidavit Of Judg" Strrry t" show that
they hnd discharged knchrudurirr. NJ the
d-irnrr charmed hrra,lsr he war mrIn.
her IT ia" 4 X /, AMI then rested their
ra~'', The court granted each side half
An hour for argument, after whTh IN a
lengthy decision he discharged Mr.,
St"rkrtt, stating that the evidence as Ia
him war no, strong enough To hold him.
especially ~ he war hut AN extra man IN
ia. employ ~ the company and ha,i no
regular employment, and after severely
r-primAnliug the counsel for defendants
stated that II Mr. wSgg had male ~ his
drfrn-" the plea tina: hr had quit the EN-
pI"ymrn, Of Tia" rrreiv"r- in eo"I faith.
h" would no, feel dispos.-i To h ,ld him .
Judge Adams then stated that Mr.
wagg NIGH, bc quite willing 10 swear Ia
that. but could not cnnr-n, Ia i"ing put
ca the stand for rrnss examination as tu
his connection with the 4 X L, The
court then asked Mr. wsgg whether he
wished ,n change thu line of defense Nh
made Nv HE counsel. To which Mr. Wagg
s,A'~i he dill not, Judge Adams then
said lac l~lirve'i IL Mr.. wagg understood
tue court that he would b. willing Ia
make ia. necessary oath, aud the court
then again AAkr,l MIR. wsRg II he cared
to make oath that he hal quit out IL gnh
faith, Ia which MIR. wHgr stated that
h" WAS on n strikr; that unless
the strike WAS set led with the
receivers Of the ROAD he would nr"rr rx
peat another JOB from the receivers that
when they called him Ia ~ on, IN the
run, he had NJ juh and that he was out
uf the services "f ia" company, and tina,
Mr., walker had ordered him of the com.
pany'r PR mIsrs, aud he considered that
II was IN the power IL the receivers Ia
say whether he should ever x" to work
fT them again ar not
The court then again asked Mr.. wAgg
whether he had lui, the services ~ the
A a