Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1894-06-12

hart, the fireman, were on the stand for
the prosecution, aud told OF oostruc-
tlons on the track, the stopping OF the
train by Davis, etc.
Deputy Marshal Mcmahon and Com
missioner Campbell testified as to the
arrest and the reading Of the injunction
TO the defendant.
The point made by Mr.. Atkinson that
the conductor only had orders to haul
the coal to Benwood aud that the case
was one for the State Court and not the
United States Court, was oVerruled oy
Judge Goff.
Davis was placed on the stand for
the defense and denisd having taken
any part in stopping the train or hav-
ing threatened TO blow it up. de was
merely one Of the crowd around the
railroad and did not flag the train.
B. +. Meighen testified that be heard
no threats; that be saw distractions on
tho track, but saw them taken oil soon
sfterward. He advised the train crew
to move on, saying there was no danger
Court here adjourned for dinner, az
ter which the defense rested It's case,
and Messrs. Atkinson for the defense
and II. NJ. Russell for the prosecution
briefly stated their cases.
Mr.. Atkinson asked thab the case be
dismissed on the ground that the de-
fendant did not know Of the existence
of the injunction, and therefore couIu
not have violated it.
Mr.. Russell thoughtit was clearly prov
en- that Davis was one OF the ringleaders
of the mob, that he knew of the inJunc-
tIon, and even after it was placed In his
hands he continued his riotous proceed
iugs. He asked that Davis be punished
for contemptuous disobedience OF the
order Of the Court
Judge Goff, in sentencing Davis, said
be was glad that the testimony Ii thls
case showed that there is no organized
effort among the better class OF citizens
TO violate the laws, but it does show
that there are soma who are organized
for the purpose of stopping Baltimore
and Ohio trains and Notwithstanding
they have been advised by law ABIDING
citizens to stop their rioting and VIOLA
tions of the law, they have continued
in what is very clearly a pre-srranged
plan 10 prevent the moving OF b. u u.
trains 1t is true and understood by
most of the community that this can not
be done with impunity. The mandates
of the Court must aud will be enforced.
II these men have any grievances there
is a way to settle it lawfully. They
have the same rights and privileges that
other persons have in our Courts but
thev can not, must not and will not be
permitted to band together for the pur'
pose OF violating aud overriding the
law.
The testimony shows that the defend
ant with others was instrumental In
STOPPING a train. He was as much in
strumental in tagging it as was the
man who held the flag. II there is any
agreement among a body Of men that
one OF their number is TO flag train all
the others are as much guilty as the one
who does so; and have not the slightest
doubt that the defendant knew that
this was 10 be done and was guilty.
disagree with the counsel for the
defendant that no notice OF the Courts
mandate was served upon him. The
testimony shows that be had been told
by one OF the train officials that the
Judge had issued an Injunction ana hau
re piled that he did not care G. d.
Such conduct is extremely reprehensl-
BILE.
1t is not my desire to inflict any pun
ishment thatmay seem harsh or unusual,
but such punishment must and shall be
inflicted as will give all such persons TO
understand that the laws OF this country
and the mandates Of this Court must
and will be enforced.
The prisoner was then sentenced to
be confined iu the jail Of Ohio county
for 8 period of 60 days for high contempt
Of the Court.
Mr.. Atkinson asked to have the p.is-
oper confined in the Marshal county
jai, but this was refused. Davis broke
down completely upon receiving the
sentence aud wept cOpiOuSly. After a
few minutes conference with his coun-
sci and several representatives, OF or
ganized labor, he was conducted to the
iail