The weekly tribune., 1894-05-18
BUTTE COXEY1TES.
Judge Knowles Sentences Hogan, the
Leader of the Industrial Army,
to Six Months.
Forty-Two Others Get Sixty Days and
Three Hundred Of the Rank
and File Go Free.

HELENA, May 14.-[Special to Tue
TRIBUNE. Judge Knowles in the United
States court today sentenced William
HOGAN. leader of the Butte industrial
army. TO six months imprisonment in
the county jail for contempt Of court in
leading men in taking Northern Pa
,ciac train at Butte. Philip Rogers, en-.
gineer, and James hackett, fireman, OF
the train, and forty captains and lieu
tenants OF the train were sentenced to
sixty days each in the county Jail. Will
lam Cunningham, orator Of the army,
who was correspondent OF the Anaconda
STANDARD, Thos. Mains who went along
,as correspondent of the Livingston Post,
and Michael McEllicott, who was riding
an engine but was not connected with
the army wore discharged. The 300 men
of the rank and lie will be brought into
court, the Judge says, in blocks OF thirty,
and II they promise to do 30 no more
they will also be dismissed. The men
all claim that the train was taken with
the implied consent of tho road officials,
and citizens OF Butte made affidavits to
tho same effect. Hogan took a manly
stand, taking all the blame there was to
the thing. George HaldrOn Of Butte, and
X. b. Smith Of Helena, represented tho
men, and District Attorney Leslie and
ex.Gov. Toole the other side. Judge
Knowles in passing sentence revived the
fact that the road was in the hands Of
receivers aud said:
"An application was made to me for
an order directing the United States
marshal to preserve the property in the
hands of the receivers and to prevent it
being taken out of their possession. At
that time an attachment was made for
Hogan to be brought here to show why
he should not be punished for contempt.
It is not denied by Hogan or anyone else
that the Northern Pacific train was
taken, nor is it denied that they started
to go out of the country on that train.
Some OF the afiidavits were to the effect
that there was an understanding between
the officials of the road and
tho men that If train was
taken without consent, then the officials,
who were In the employ of the receivers,
would not interfere They seemed to
have been very anxious at Butte to got
rid Of the army. ! can't SEQ that there
are any facts to show that the Northern
Pacific agreed to give them a train.
There is not fact OF that kind any
where. One affidavit says an employe
was heard to say that the army might
take the train. Any man OF common
sense shonld know than an employe could
not authorize it. Another affidavit says
that the watchmah did not prevent the
taking of the train. The watchman's
affidavit states that they took the train
with it, as prisoners, some distance,
inAipafa fhaf
the road consented to this agreement.
1t was not taken in broad daylight but
in the early hours OF the morning. 1t is
evident from the first act that they
meant to take possession Of the train
without the consent Of the Northern
Pacific. The idea was that Kelly's army
had done the same tbing-as l under
stand it they did not do the same thing.
Their fare was paid from California to
Utah, although it was stated that they
had stolen the train. From there they
we're transported to Nebraska soil, where
the road could not be prosecuted for
landing an army of this kind. 1t is also
stated that the Hogan army didn't know
the marshals were following them, or
that any demand was made for
their surrender. 1t is known, however,
that they placed Instructions on the
road. There is this to be said about the
motter: There seems to be popular
craze that people may take possession Of
railroads and otherwise tramp to Wash
ington, feeding on the communities
which they may pass, who give them
supplies because they don't want them
and wish to see them on their way and
thus aid to dump them on some other
community. This craze seems to have
xvNt, Inn, ~ xuh ,rh t<,h ho
good, sensible men. However l have
nothing to do with that. Here is great
property, q good thoroughfare nearly
across the continent While the mon
who built it may have reaped
the benefit. perhaps some wronge-
fully, yet 1t must be preserved
and men must not be allowed. when they
see fit, whether 1t is in the hands OF the
court or private individual, to to use it
at their pleasure. For it is evident in
this case that large part Of the traffic
had to be suspended for fear Of this wild
train. Philip Rogers, the engineer, and
James HRckett, the fireman, and the
forty captains and lieutenants are ad
Judged guilty OF contempt and will be
committed to the county jail for sixty
days. The other men Of the army will
be brought into court in squads OF thirty,
and il they plead guilty and promise not
to engaged In any organization to take
possession OF the property OF the railroad
as has been done they will be discharged.
It is not usual to attempt to punish
body of men 30 largo as this, 80 l select
q few OF the leaders. AS to Cunning
ham, IL the facts had been set out in the
affidavit as they were told by the deputy
marshal, would punish him as well as
Hogan"
Atty. Haldorn, on behalf of tho others,
gave notice of appeal and asked to have
the bond fixed. Judge Knowles said
there could be no appeal.