The herald., 1894-06-14

railroad extending from the town OF
Mojave to the town of Barstow, in this
judicial district, and the locomotives
and cars hereinafter mentioned, and set
ting forth the subsequent qualification
OF the said receivers and tae subsequent
taking possession, management and
operation of the said property
by them pursuant to their said
appointment and qualfcatl on, and
further setting forther setting forth that
thereafter, to-wit, on the 9th day OF
Jnne, 1894, at said Mojave, an organizs-
ton known as and called Industrial
army. and consisting, according to afi-
ants information and belief, of about
400 persons, whose names were to the
affiant unknown, in contempt OF this
court, wrongfully, without right, and by
force, seized and took from the posses
sion OF the said receivers locomotive
and train OF cars then and there belong
ing to said Atlantic and Pacific Railroad
company and then and there in the
possession of the said receivers, and ran
said train from Mojave to the town of
Barstow, in the county of San Bernar-
dino, within this judicial district, and
were then, at the time of the making
and presenting of said affidavit, in the
possession OF said locomotive and train
OF oars, and refused and continued their
refusal to surrender the same TO the said
receivers, in contempt OF the authority
OF this court; and
Whereas, on the reading and consid-
Grafton OF said affidavit OF the said Hun.
saker, the district judge of this judicial
district, presiding in said circuit court,
on the said 7th day of June, 1894, made
and issued an order directing the mar
shall of this district to apprehend the
said prisoners and bring them before
this court, at the courtroom thereof, on
Monday, June IL, 1894. at 1890 am,
TO be dealt with according to law: and
Whereas, the said marshal on said
7th day of June. 1894, apprehended ITO
oil eaid persons, and on the following
day placed them in the county Jail Of
Los Angeles county, Cal, for safe keep
ing and
Whereas, on the 9th day of June,
1894, an affidavit of William Cord was
presented and filed in the said matter,
alleging in substance the same facts al
legged in the said affidavit of w. j. Hun
saker, and further setting forth the
names of the alleged offending parties,
upon which affidavit an order was duly
made by the said judge directing the
shlu uhnou phTti05 w bnOW Cauhc DolOI6
the said circuit court, at the courtroom
thereof, on Monday, June IL, 1894, at
80 q. M, why they, and each of them,
should not be adjudged guilty OF con-
tempt of said court, and directing that
a copy OF said order end affidavit be
served upon each of the said alleged of
Tending parties; and
Whereas, on the 18th day of June,
1894, the said named persons were, by
the marshal, brought before the said
court, and there appeared by counsel in
response to said rule, and through their
counsel asked The court to continue the
hearing OF the matter until the next
day, June IL, 1894, to enable them to
prepare their answer in the premises,
and
Whereas, on said 18th day of June,
1894, all OF the said respondents sp-
pesred before the said court with coun-
sci, and thereupon all of them except
j. Brown. w. Ryan, w. Smith, j. Mont
gomery. j. Georges, J. Dempsey, j.
Smith, Fl. Gibbot and r. I'll. Barrett
filed their separate answers, in which
answers they demanded, among other
things, separate trials, which demand
was by the court refused; whereupon
the said matter was heard in open court,
evidence was introduced, and witnesses
for and against all of the said respond
ents were sworn and their testimony
given, and the matter having been ar
guea By counsel and thereGpon sub
mitted to the court for consideration,
and the same having been duly consid-
cred by the court, the court now finds
the facts to be 5a. .eseii, ssie.
That heretofore, to wit, on the 9Th day
of January, 1894. in suit in equity
heretofore commenced, and then and
since pending in this court, entitled
Mercantile Trust company VS.. Atlantic
and Pacific Railroad company, corpor-
alton, this court duly made an order ap-
pointing J. w. Remnant, John j. Nc
Cook and Joseph @. Wilson, receivers OF
the property of the said corporation, in
Guiding. among other property, the line
of railroad extending from the town of
Mojave to the town of Barstow, in this
judicial district, and the locomotive and
cars hereinafter mentioned; that the
said receivers thereafter qualified as
such and entered upon the discharge of
their duties, and took the possession,
management and control OF the said
property by virtue of their said appoint.
ment and pursuant thereto; and on the
9th day of June. 1894, were az such re-
ceivers in the actual possession and OPP
Grafton of said line OF railroad from
Mojave to Barstow; that on said 9th day
of june, 1894, at said Bsrstow. in this
judicial district and within the
jurisdiction of this court, the
said named respondents, consti-
tutiRg an organized body styl-
ing themselves Industrial army and
acting in concert. wrongfully, without
right, and by force, seized and took
from the possession of the said receivers
locomotive and train OF cara then and
there belonging to said Atlantic and Pa
ciic Railroad company and pertaining
to said line Of road extending from Mo-
jave to Barstow. and then and there in
the actual possession OF the said receiv-
ers, and ran said train from Mojave to
Barstow, in the county of San Bernar-
dino. within this judicial district, against
the protest of the employees of said re-
celvere; that the said named respon-
dents at the time we'll knew that they
had no right to take the eaid locomotive
or cars, and well knew that all OF their
said acts were unlawful that all OF the
said named respondents were, in all OF