The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-07-04


Heart that if be wants tc sac me am
in my Office Heart then went into
Bsamer's Office and said: Mr.. Beamer,
refuse to take out that train asked
the brakeman II he also resigned, and
he said yes
Deputy United States Marshal f. B.
Goodrich, upon being sworn, testified
having served the writ OF injunction and
also subpoena upon the defendant, O.
L. Heart. He testified that he did not
see the conductor refuse to 90 out. He
was not certain that he served the writ
of injunction immediately succeeding
the failure Of the train to move.
H. G.. Thompson, general passenger
agent OF the Southern California Rail-
wav company, being called to the stand.
exhibited copy OF the orders he gave
Heartt to move the train. Hesrtt was
in full uniform. He made no objection
to taking the orders.
At the conclusion of Mr.. Thompson's
testimony Attorney Gall announced that
the government would rest
The counsel for the defense then
called G. l.. Heart. He testified that
he was called upon by Beamer to take
the train out. He asked for his regua
crew and then went out, at tho request
OF McGovern, and put on his uniform.
The train consisted of a mail car, bag
gage car and three day coaches.
While he was standing there
Mr.. Heartt. seeing the crowd. went into
Bsamer's Office and told him he wanted
United States protection Beamer an
swersd thst he would furnish protec-
ton, but refused to go out upon the
platform. He went to the train and
found that one of the cars was marked
SHOP" which means that the car was
not in fit condition to take upon the
road. He got his orders ana went to the
train, asking several policemen to clear
the crowd. He heard some OF the
crowd say that Heartt was "scsb" and
make threatening remarks. Hearing
such remarks from the ssse N blage, he
sent McGovern to tell Beamer to come
to the train. Beamer refused to 90 to
the train, whereupon Hearts said he
would resign from the service of the
company and would further refuse to
pull out the train.
Judge Ross asked HEART the meaning
of the term ''scab." He replied that a
scaD was man who would take q strik-
er's place at reduced wages under such
circumstances as now exist. A scab can
seldom get work at any calling. and is
socially ostraczed. For instance, il
the scab be railroad man, his name
will be placed on box cars and will so
over the United States, preventing hi 10
from securing employment
Mr.. Heartt testified that he slated
his reslguaton before he did his refusal
to take out the train. Hs was of the
opinion that if he resigned from the
service OF the company the injunction
did not affect him.
Upon cross-examination Mr.. Heart
testified that he was chairman OF the
American Railway union of this city, of
which there are $50 or 200 members.
Attorney Call asked Heartt If he sent
any kilograms, as chairman Of tho union,
last Sunday, concerning the strike. He
, sent a telegram to j. H. Williams at
San Bernardino. He autographed Will
lama upon the belief that he was chair
man of the American Railway union at
that place. He also telegraphed Preai-
dent Debs at Chicago. When asked il
Debs had ordered the strike, Hesrtt
said he did not know. He knew there
was strike by reading the daily news
papers.
Attorney StephenB objected to al
such questions by government counsel
but more than a dozen we're overrulse
in successive order by the court. Tt,
rnnrt ndna,ttad that tho evidence con
corning the strike was not admissible
except to clea. up the conflicting part O
the testimony adduced
Attorney Waters Tor the defense OBJ
jected to the introduction of evidence
showing how many messages and BY
what telegraph companies were sent
and moved TO strike cut all the evil
dence. Mr.. Waters stated that all such
evidence was entirely foreign to the case
and had not the slightest bearing upon
the allegation made that Heartt refused
to take out train in opposition to q
mandate OF the United States court.
The government counsel then had
Manager Beardslsy of the Western
Union Office placed upon the stand in
reference to the kilograms. When asked
by United States Attorney Denis if he
had brought the dispatches received and
sent over his lines he replied that he
had not. He had received instructions
from the general manager OF the West
ern Union Office not to give out any tele-
grams. The government counsel pre-
sented the law in the matter, and as it
would take some time to examine it the
court was adjourned until 10 80 o'clock
! this morning when argument will be
| made and the case decided