The herald., 1894-06-14
JUDGE ROSS IS THREATENED
A Threat of the Use of Dyna-
mite Sent to Him.
Because He Sentenced the Industrials
to Jail.
They Get Four Months Each in the
County JsiIs of Seven Oounties.
Judge Ross Opinion Rem
dered Yesterday.

A profound sensation was caused in
the United States circuit court yester
day when, just before the Industrials
onment, Judge Ross read threat that
he would be attacked with dynamite If
he sentenced any OF the men to Jail.
The threatening letter received by the
judge is as follows:
you send one of the Industrial army
to jail and you will get some dynamite.
BY order OF K"
Commenting upon the open letter,
Judge Ross said in open court:
'Of course, the receipt OF the COM
munication will not affect in the slight
est degree, one way or the other, my
action in this case, for / shall act in
this, as in every other case that comes
before me as judge, in accordance with
what l consider right and proper in the
premises, regardless of consequences to
myself. But the mere threat that If a
judge should do what he considers bis
duty, he will he blown to pieces with
dynamite, must be abhorrent, not only
to every one who has an interest in this
country, but to every other right think
ing person, and l call attention to the
matter in open court that the people
may see to what extent the existence OF
bad laws, the lax administration OF good
ones, and the absence OF others that
ought to be enacted, lead. 1t ought
never to be forgotten that this is coun-
try and q government of law and order,
and that remedy for real or imaginary
wrongs and grievances here can only be
had by lawful means. One thing is GER
tain. and that ia, that any man or set of
men who come into this judicial district
and knowingly interfere with the pro-
cess, order. judgment or decree OF this
court, will be severely punished"
The Judge then sentenced the men to
be imprisoned in the county jails of
Fresno, Tulare, Kern, Santa Barbara,
Ventura, San Diego and Los Angeles.
There was solemnity about the
court room that will never be forgotten.
The vast army OF men were marched
under guards to the federal building,
and they entered with feeling OF ex-
pectancy that they would be discharged.
But when the court was called to order
and the threatening letter read, there
was a feeling OF apprehension. The
silence that pervaded the court room
was equal to that of a cemetery.
After the reading of the decision Judge
Poss asked the attorneys if they wished
10 make any remarks when j. Marion
Brooks, one OF the attorneys for the de.
PENDANTS, arose and delivered an elo-
Quent address. He spoke more psrtic.
ularly concerning the threatening letter
and was of the opinion that it was not
sent by any member of the Industrial
army. II have known many of the men
from childhood; have known them as
gentlemen, law-abiding citizens and
Christians" said Mr.. Brooks. "They
would never thus threaten the honor.
able judge OF any court and l cannot be-
lieve they nor anyone connected with
tine organization mad any thing TO do with
the sending OF the letter." Mr.. Brooks
remarks were eminently appropriate.
The attorney made motion for stay
OF proceedings until today at 10 O'Clock
that he might have AN opportunity to
see # any further action would be taken
in the matter. An arrest of judgment
was granted. 1t is still Mr.. Brooks
opinion that the court had no jursdic-
tion to appeint non residents as receiv.
ers for the Atlantic and Pacific railway,
and holds that on this account there is
no contempt.
The stay OF proceedings gave the In
dustrials new hope, and as they were
bbACA III a Oooy w tAo COunbf jail tucy
expressed the wish that some action
might yet be taken to free them from
imprisonment. Theodore Pinther and
Mrs. Anna F. Smith. who have gained
much notoriety through their leadership
of the Industrial cause. were present and
witnessed the proceedings with pro-
found interest. They said nothing
about the conviction of their comrades,
and went away Immediately after the
passing Of sentence.
The special deputies appointed by
United States Marshal Covarrubias will
meet at the federal building at 10 80
O'Clock this morning. to be in readiness
to begin the work OF transferring the
men to the various county jails, in case
nothing else is done by the army's at
torneys.
The following is the opinion of Judge
Ross in the case:
Whereas. on the 9TH day of June,
1894, w. j. Hunsaker fled in his court
an affidavit setting forth that on the 9Th
day of January, 1894. this court, in a
suit entitled Mercantile Trust company
vs.. Atlantic and Pac fic Railroad COM
pany, a corporation, duly made an order
appointing ]. w. Rsinhart, John j. Nc
Cook and Joseph O. Wilson receivers of
the property of said corporation, includ.
ing among other property. the Inns Of