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

Taking of Testimony Continued Until
1ftr ~ This Morning.
Judge Ross no sooner took his seat at
the afternoon session OF the United
States circuit court, than he immedi-
ately announced that the demurrer in
the case OF Hesrtt, cited for contempt,
was overruled.
United States Attorney Denis an
nounced that Joseph II. Call would act
as special attorney for the government,
and would, in his absence, conduct the
contempt case, assisted by W. j. Hun
saker, who ia alaO attorney for the rail-
road company.
Attorney Stephens for the defense
fled denial of all the allegations in
the affidavit and stated, specifically,
that he did not violate the injunction OF
the court.
Attorney Denis offered the various
documents in the case and the taking OF
evidence was ordered.
w. B. Beamer, division superintend-
emit of the Southern California, was first
called by the government. He recited
in detail the attempt to take out the
train on that road last Sunday. Hs
called Conductor Heartt at 8 O'Clock
Sunday morning and told him that q
train was being made up to &c to San
Diego. He asked Hesrtt to take the
train out and he said that he would. He
put on his uniform and got "runninp"
order from the dispatcher. The train
was in readiness, when at IL o'clock
Heart went into Beamer's office and
declined to take the train and then and
there resigned from the service OF the
company.
Upon objection OF the respondents
counsel, all of Beamer's testimony RAJ
garding his belief that the engineer and
fireman were in the cab, was ordered
stricken out by the court.
Mr.. Beaner testified that in refusing
to move the train Conductor Hsartt
stated. "Mr. Besmer, refuse to take
that train out, and resign nv posi-
ton" The defendants attorneys made
fight as to which, his resignation or
refusal, Was announced first. Beamer
testified positively that Hesrtt refused
to take the train before he told him that
he would resign. He further testified
that he had another conductor in readi.
ness to move the train in case of
HEARTS, refusal, and that the conductor
waa notified within an hour. In answer
to q question as to what Inconvenience
HEARTS resignation put the company
to, Besmer replied that it DELAYED the
moving of the train. The witness. did
not know just exactly whether the re.
fusal of the conductor or the other train
men caused the delay, as he had an
other ready to 90 out had not the train.
men resigned.
W. H. McGovern, chief dispatcher of
the Southern California Railway COM
pany. WAS then called to the stand. He |
testified that as soon as he wsslnformed
by Superintendent Beamer that train
was to be taken out, he notified MIR.
Heartt that he was wanted to take the !
rain to San Diego. Heartt replied that
10 would move the train, and asked il |
le WIS to have his regular crew. He |
vas told that he would, whereupon
McGovern gave him the conductors
written orders. which, the witness said.
we're signed by Heartt. The orders read
10 follows:
''To conductor and engineer: You will
un special from Los Angeles to Ma
ional City; speed not to exceed 30 miles
n hour"
The witness continued: "After Heart
ot bis orders. he handed them to the
ngineer. Heartt then told me to tell
'eamer that he wanted to see him.
Did Beamer, who replied: You tell