The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-06-13
DECISION TO Be HAD TODAY.
The Industrials' Trial in the
Federal Court.
Evidence Showing How the Train
Was Captured.
An Important Case IuvoIving Legal
Technicalities-Judge Ross Re-
served Decision Until
This Morning.

Judge Ross OF the United States circuit
court will decide at 10 80 o'clock this
morning whether the ITO Industrials
who took possession Of an Atlantic and
Pacific train and rode from Mojsve to
Barstow are guilty OF contempt and
violation OF an order OF the court W hereby
the road was placed in the hands OF re"
ceivere. The whole OF yesterday was
occupied in the trial OF the Common
wealers who filed the court room to the
utter exclusion of almost all spectators.
The men were marched in tours from
their headquarters in the Murietta build
ing on New High street to the court room
in the postoffice building. Deputy mar
ehals guarded the door way and allowed
no one to enter except attorneys. officers
and others with special permission.
Mrs. Anna f. Smith, who gained much
notoriety from her connection with the
army when it was fret organized in San
Francisco, was witness, while Mrs.
Mary Alex was there as an interested
spectator. She came into notoriety in
connection with the Industrial move
ment several months ago when she kept
Theodore Pinther in hiding at her
home on Grand avenue. Pinther
was wanted-and afterward sentenced
by Judge Otis of the San Bernardino
supreme court for sending threaten
ing telegram to the court demanding
the release OF Vinette and other Com
monwealers who were tried there for
melting to riot. Pinther was an on.
locker at the trial OF his comrades
yesterday.
Court was convened at 10: 80 O'Clock,
when United States District Attorney
Denis asked that E. N. Starry of 6lbu-
querque, attorney for the Santa Fe, and
W. j. Hunsaker, associate, be entered
OF record as associate attorneys Tor the
government.
Attorney J. Marion Brooks, for the
defendants, asked permission to return
an amended answer in the case OF Mar.
tin Cooney and Thomas Bulfnch, and
separate answer for each of the other
industrials. Besides Mr.. Brooks, Attor-
neys Stephens and Dunlap appeared for
the defendants.
Mr.. Denis presented the documents for
receivers, etc., after which Mr.. Brooks
moved to try the men separately. Tie
motion was denied. and the government
called as first witness III. B. Aldrich,
trainmaster of the California division of
the Atlantic and Pacific railway.
Mr.. Aldrich. upon the stand, stated
that for the last two and half years he
has resided at The Needles, and has oc-
cupied the position OF trainmaster for
the California division OF the Atlantic
and Pacific during that time. He said
that when he first heard OF the mon
capturing the train he was at The
Needles. He ordered his locomotives
at Barstow to be run out to prevent the
Industrials from getting any further
eastward along the line. Traffic was
suspendedEnearly day. Mr.. Brooks
asked the witness il other employees
had allowed men to ride upon the
trains, to which he answered in the
negative and qualified the remark by
saying that there were instructions
against it, but had known such cases on
his line.
A ripple of laughter was caused among
the Industrials by Aldrich's testimony,
and Judge Ross Immediately ordered
the marshal to arrest any person max
ing further demonstration, saying he
would sentence any such to six months
in Jail. This was the means of keeping
the men quiet the remainder OF the ses-
sion.
Mrs. Smith was called. She Is cor
pulent lady, apparently 40 years old,
and wore spectscles and little howery
bonnet. She has q determined look
upon her large. round, wrinkled face,
and after hearing her talk one would say
that she is the right woman in the
right place." for she believes the Indus
trials have mission to perform. She
testified that che WAS in Oakland with
the army; that the army moved to
Stockton, to Sacramento and down to
Bakersfield. She was at Bakersfield
when the men arrived there. She wor-