The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-05-26

1cF3kte3 30 swear 20 e0G0 100&Tf133t
prisoner - being prssens shesn c.psnrsd.
Otherwise ths proseeutioa would resi-
Jndxs Hansmd said thsrs uas prima
fsese showing shas The men - iisssd In
the Yakima JAIL vers tbs saDs - those
nos In The court room.
The stass thsa rested ID case.
Mr.. Lsn1ny moved for : dismissed Of
the information on ths ground that no
case hsd besn nsds out againss these
men: The Deputies did not ideasify them.
he said, o. being he men in charge Of the
car: their mefs presencs On the car Was
net proof ~ criminal intent: IL rssssd
with the prosecution 70 prove tfs case ~
IL had pleaded II. and this thsy hsd failed
70 Do. Mr.. Esdsay attached the insor-
mssicn - faulty IN it, construction.
claiming that the case - alleged in the
Information had not besn sustained by
the evidences In that the indictment spe-
cifcaiIy charges the men With taking -
train OF ears 1t YAKIMA" all the evsdeuee
showing that only two coal cars we're
taken and these In the stock yard at
Eiiensbnrg and not Yakima The evil
dencs Was all general and had no rslation
whatever With the allegations charged,
and the men one and ell should be dis
charged.
Richard winsor followed Mr. Lindsay.
and arraignsd the deputies in strong Ian
Euage for their ''hendish" actions in firing
on a lot Of unarmed men who offered
no resistance and gave no cause. He
attacked the weakness Of the prosecution
and demanded the discharge of the men
- no case had been made against them
Mr.. r. r. Carroll also made m address,
showing that the evidence adduced Vas
not in keeping With the charges alleged
Mr.. Winsor announced that the de-
fense wouid offer no evidence, in view OF
the evidence presented by the prosecution,
and would leave the case In the hands Of
the court.
Mr.. Burieieh answered the defense.
msintainiBg that the ofFenss alleged Vas
interfering with the operation Of the road
in the hands Of the receivers, which con-
stitu.ed the contempt Of court, and that
bad been fully proven. and the prisoners
in court were the men csptured In posses
sion Of the train and were the ones guilty
Of contempt - charged.
Judge Brtnker, in closing. reviewed the
teatimony and stated that the evidences
clearly connected every prisoner in tho
court room with the men captured in pos
session al the cars. A prima facie case
had BEEN made out and Il was sufsicisnt
even ia murder case.
JUICE Hanford then delivered the follow
Ing oral opinion:
fhe evidence shows that this switch lock
was pounded open ct Eilensburg; the cars
that were on the stock yard switch track
we're by means at the breaking Of that lock
taken away without proper authority. The
men were sssn pOun ling the lock, moving
car on the track. and ars identified a. be-
Ing msmbsss Of the Industrial Army, ssli-
the evidence addnced having tendency 10
prove that. In Ellensburg the day before
thare we're some 100 Of these men wearing
badges. carrying hass. having leaders, ct
least men Of influence among them. The
subject Of taking these cars Was . subject
talked Of among them that day. The city
marshal had spoken Of Il and had eau
toned them, and told them that the road
WAS In the hands Of the court, and II
caught they would be punished. This
man referred to - carrying flag. Wright,
was heard TO make the declaration that
cattle cars were on the track unsealed ana
ready 70 90. and that oil vent down. and
that II tho way they got out Of Ellensburg.
One OF the cars was captured two and q
half miies west Of Yakima; the men can
turcd with the car were taken 20 rail at
Yakima and enrolled. The same body Of
prisoners was brought here In presence of
this court, and with the exception of
errors In names and some men discharged
the rest are here.
1t seems to me plain proposition that
the evidence proves conclusively that
there was an interference with property in
the hands Of the court. Cars were moved.
trains were interfered with. and all this
by the exercise Of force, contrary To tho
authority OF the receiver or this court.
Theo organization Of the Industrial Army
% far acted In concert that they were
working for common purpose: the cir
cumstances - proven warrant the finding
that the facts are ~ l have stated them.
and would be sufiicisnt to present to .
jury If on trial before jury. The prison.
srs were identified properly % connected
With the ofiense, and with Gil this te.ti.
mony. cant entertain . doubts bat that
these men are guilty OF contempt of court.
aad have no doubt that the men before
me are the men Who committed the
oifense.
As To the suiiiciency of the complaint.
according to established criminal Mead
= ings, the day on which an osfen,e in
alleged 10 have been committed In not
material; courts do not allow offenders to
escape on account OF an error in q transac-
ton or date. provided there 10 no statute
al limitation or . particular element of
the crime that Is affected: nor IL the in
dictment affected by the inaccuracy in
location. that being fact tha. 10 not ma.
terial, namely. that train was captured
nj Yakima. when in fact the cars were
taken at Eliensburg
These are my views, and my conclusion
Is that the men are guilty a. charged.
Judge Brinker then asked for Judgment.
but Insereeded for l.. Huntington. who
pleaded guilty, as being mere boy who
joined the army ss . boyish freak, and "a
his father and mother we're respectable
people in Tacoma. Mr.. Brinker asked tina,
he be not put in Jail With fslons In the
United states jail.
Mr.. Carroll then asked for the leu,encx
Of the court for the following yaath,ui
prisoners: /. b. Beck, 10: W. s. Borden
is. ii. ii. Evans. 10; Ed Hoilcnbeck. Is.
l. Huntington. 10; r. McCnteher, Is;
ueorgs Perry. Is; Adam Smith, 10; G.
snyder, Is; r. w. Ward. Is; yoesrh vii.
son. Is; Al DIXON. II. These Mr.. Carroll
eon,endcd seemed 10 have been sufficiently
punished and had no mind of their own
TO siolste the order Of the court. and he
made the APPEAL on behalf of many Iaaie.
who had interested themselves m th.,r
behalf
Mr.. Lindsay, on behalf Of the prisoners
generally, asked the coast's attention.