The herald., 1894-07-03
from in any way obstructing or interior
ing with the operation OF said lines of
railroad, or either OF them. Hereof fail
not
CONTINUED UNTIL TODAY.

This Morning.
The federal court room was crowded
to the doors when the United Staten
circuit court was raped to order at 2
O'Clock yesterday afternoon.
Immediately upon taking his seat
Judge Ross called tho case of Conductor
@. L. Heart, upon whom an affidavit
had been served changing him with con-
tempt of court in having prevented and
obstructed the transmission of the
United States mails upon the Southern
California Railway company Sunday
morning when he reaigned from the
service OF the company.
Attorney A. NJ. Stephens, addressing
, the court, announced that he and Byron
Waters appeared as counsel for the de-
fendant, Heart. Judge Stephens as
sailed the jurisdiction of the court in
granting the order. He added that the
order was absolutely void, and announced
that no wes ready to proceed with tho
! testimony.
! Land Agent McGinnia OF the South
| ern California railway was called to the
stand &c witness, but before he could
give any testimony, United States Dis
trict Attorney Denis gave notification
J that the injunction had been duly
nerved upon the strikers.
Attorney Stephens said that he pre-
summed that the affidavit of contempt
had been served upon Heart, but that
he nor his associate attorney had yet
seen copy of it, nor knew its line of
allegation.
Mr.. Waters stated that under the cir
cumstances he thought it no moro than
right that the defendants counsel be
given some time in which to look up the
charges preferred by the Southern Cali
! iornia Railroad company in alleging
| contempt of court. Judge Ross stated
that it was perfectly right that the de-
PENDANT be given times whereupon he
continued the case against Heartt until
80 O'Clock this morning.
Judge Ross then read the following
in answer to some OF the questions pro-
pounded 10y the jurymen in the fore
noon:
Gentlemen of the Grand Jury:
Most OF the questions propounded by
eome of your members are answered in
substance by the instructions already
given to you by the court.
The court has already told you that it
is provided by statute of the United
States that eepoatmsster-general shall
in all casss decide upon what trains and
in what manner the mails shall be con-
veyed, and that that officer has, through
his subordinates, designated for the
Southern California Railway company
and the Southern Pacific Railroad COM
pany in this judicial district the regular
passenger trains Of those roads for the
carrying of the United States mails
nd f,,r khot IT
panies is by the law required to run any
other trains than their regular passenger
trains for the carrying of the mails, and
that their failure to do go is not viola
ton of any law OF the United States.
The court has further instructed you,
and again repeats, that any and every
person who shall knowingly and willfully
obstruct or retard the passage of the
mail is guilty of crime against the
United States, and that any and every
person who knowingly and willfully in
terferee with and obstructs any inter-
state commerce is guilty OF an offense
against law of the United States, and
that If any two or more persons, it makes
no difference who they are, who conspire
to commit either OF those ofenaes against
the United States, and one or more OF
such parties do any act to effect the OBJ
ject of the conspiracy, all OF the parties
TO such conspiracy are guilty OF crime.
Whenever such acts are of character
10 prevent and obstruct the carrying OF
the mails, or to interfere with or OBJ
struct any interstate commerce, and are
done for the purpose and with the in
tent to prevent or obstruct the same, a
crime 10 committed.
He also cited several sections of law
and various opinions to sustain his
views. mentioning among other cases
that OF the Toledo Railway company VS..
the Pennsylvania Railway company, an
injunction involving similar questions
to that now before the court.
After several questions from grand
jurymen. the court took recess and
the courtroom was cleared, the sole oc-
cupanta being the iurymen. who pro-
ceeded to thoir investigation OF the
strike.
COURT ADJoURNS.
The Jury evidently could not come to
9 definite conclusion in the matter, for
at 4 80 O'Clock Judge Ross took his
chair and ordered an adjournment of the
court until 10 80 O'Clock this morning,
at which time the governments action