The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1894-05-23
HE BEATS COXEY.
Fitzgerald Leads His
Army
INTO THE CAPITAL CITY.
Somewhat SOcialistiC in His
Tendencies.
HAS A NUMBER OF PETITIONS.
But Has Not Yet Decided How He
Will Present Them to
Congress.
JAS A NUMBER OF PETITIONS.

manner of presenting it. The petition is
strongly socialistic in its nature and goes
much further than the Coxey plan. Fiiz-
gerald says his men are in sympathy with
Coxey. but they are not in any way con-
nected with him or his army.
CINCINNATI. May 22.-NotwithstandiDg
ali the efforts of the police to keep Fry's
Industrial Army out of this city the latter
made their triumphant entrance and
camped on Hurlbert place. There were
some recruits to-day, so that the army
numbers about 400.
Topeka, Kans., MAY 22.-The status of
the case against General Sanders and his
army of Commonwealers was somewhat
changed this afternoon by the transmits
sion OF the following dispatch from Judge
G. C. Foster OF the United States District
Court to United States District Attorney
Perry:
". C.. Perry. Wichita, Hans: Unless
you consent to discharge all the Sanders
men except five or six l will have to issue
habeas corpus. G. c. FOSTER.
Mr. Perry is now at Fort Scott, and
efforts are being made to obtain an answer
from him as to what action he will take.
SENECA, Kars., May 23-General Bar
netrs division of the Commonweal Army
has arrived here, but was not allowed to
enter the city, the Council In a special SEES
sion having decided not to offer them a
park or transportation by wagons. Bar
nett said he would not let his men walk,
as they had not walked over sixty miles in
their entire trip from Denver
DENVER, May 22.-News has been re-
ceived here that $50 Common wealers
seized a Rio Grande Western train last
night at Thistle Junction, Utah. The
train was sidetracked but the Common
wealers remain in possession.
CREsTON, Iowa, May 22.-Kelsey's Com
monweal Army of about 200 men reached
here this evening. j. NJ. Joseph, the
Populist candidate for Governor, last week
fitted out a train of wagons and met the
Industrials at Crowell and brought them
to Cotton under escort of the local band.
The procession came 10 to the city and was
halted on The main business street by the
Marshal and deputies. Kelsey was ar
rested and for a time most intense excite
ment prevailed, iDcendiary threats being
freely INDUCED in. The general was taken
before Justice Sherley and placed under
$500 bonds for appearance for trial to.
morrow. After his release the army was
conducted to their camp outside the city
limits.
SEATTLE, WASH. May 22.-The trial of
the first batch of Wealers ended TO-DAY
with the conviction of twenty-nine ana the
release of six. The convicted men were
sen fenced to sixty days 10 the United
States penitentiary at McNeills Island
Judge Hanford gave an able opinion.
he % l.,
the arguments by the defense. The first
objection is based on the ground that the
acts charged against the defendants is
indictable as offenses against the laws of
the United States. and it is urged
that Congress having provided punishment
pursuant TO rules and methods and under
constitutional limitations applicable to
criminal cases, it is the will of the law
making power TO deprive the court of
power to act otherwise than according to
procedure il strictly criminal cases. Such
is not the law. The Supreme Court of the
United States passed directly on this pre-
else question in a contempt case and has
decided that the power and right of the
court 20 deal with persons guilty of con-
tempt punishable by reason Of being con-
tempts of the courts, exists although the
parties may be subjected 10 indictment for
crimes growing out of or committed at the
same time and in the same transaction.
The question of Jurisdiction in trying
the cases in the Northern Division when
the offense was committed in the Southern
Division of the district the Judge also
disposed of as untenable 1.-THE place of
complaint in contempt cases is not the
place where the defendant may stand. but
the offense is the striking at the power of
the court, the authority of the court; the
offense is committed at the place where
the court sits, and there the defendant
must be brought tor trial" The TACT that
the road was in the hands of receiver
since last year was generally known, and
a plea Of ignorance of the courts order
was no defense. The Judge gave the
benefit Of the doubt to six against whom
the evidence was somewhat weak, but
regarding the remainder he held that all
who were present as united body on the
train during the actual conflict with the
m arshals are equally guilty.
LoVELoCK. New, May 22.-Two hundred
lndustrIaIs accompanied by brass band
passed here this morning bound for Wash
ington. One hundred tramps were on the
train. At Desert Station the tramps in
sisted on receiving rations from the COM
missary department of the army, resulting
in pitched battle with clubs and rocks as
weapons. Before any serious casualties
resulted the trainmen paclfed the factions
at Suffer Fort. The Industrial minstrels
have been so successful in giving perform
ances in towns of the State. that they have
had surplus of funds for whisky money.
aud were obnoxious to the citizens by their
drunken carousals. Two thousand five
hundred have passed here since the move.
ment commenced.
MERGED. May 22.-GeneraI Barker
marched his regiment of Industrials into
this city from Bear Greek camp at 10
o'clock this morning They stopped on
the public square long enough to adopt
resolutions Of thanks to the citizens for the
liberal donations and courteous treatment.
After three cheers for the citizens. the
army paraded the streets and marched ont
of the city. going south. They expected
to eat dinner at Athlone and camp for
the night at Mnturn.