The herald. [microfilm reel] (Los Angeles [Calif.]) 1893-1900, 1894-07-19
GOT EIGHT MONTHS IN JAIL,
Judge Ross Finds J. Howarth
and NJ. Kelley Guilty.
The Two Striking Railroad Men
Learn Something About Law.
They Disobeyed tho Injunction of the
Court and VIII Go to the
San Bsrnardino Coun-
ty Jail.

Judge E. M. Ross, OF the United
States circuit court, yesterday morning
found John Howsrth and N artin Kelley
OF the Needles guilty of contempt. This
is the frat final determination in any
of the casss before the court arising out
Of the strike.
There was quite large attendance In
She court room when the decision OF
the court was announc sd, but there WAS
no demonstration, and the two defend
ants received their sentence without
bstraying any deep feeling.
Judge Ross read his decision. 1t be-
gan with a number OF whereasea in
which he recited the appointment of re-
ceivers for the Atlantic and Pacific rail-
road. and the events leading up to, and
the proceedings relative TO. the con-
tempt charge against the defendants.
After stating that the testimony ELECTED
at the trial had been duly considered,
the decision of the court and finding OF
facts was given as follows:
Heretofore, to-wit, on the 9Th day
OF January, 1894, in a suit in equity
heretofore commenced and then and
since pending in this court, entitled
Mercantile Trust company We. Atlantic
and Pacific Railway company, corpor-
alton, this court duly made an order ap.
pointing ]. W. Reinhart, John II. Nc
Cook and Joseph G. Wilson receivers
of the property of the said railroad cor
poration, including, among other prop
erty, the line of railroad extending from
the town OF Needles and to the town Of
Baratow. to this judicial district. and
the rolling-stock appertaiDing thereto;
that the said receivers thereafter quail
flied aa such and entered upon the dis
charge of their duties aud took posses
eios, management and control of the said
property by virtue OF their said appoint
ment; and pursuant thereto, on the 9th
day of July, 1894, were, as euch receiv-
ers, in actual possession and operation
of said line of railroad from the Needles
to Bsrstow and other points.
That on said 9th day of July, 1894, at
said Needles, in THE judicial district
and within the Jurisdiction of this court.
the said respondents, John Howarth and
Martin Kelley, acting together with a
large number OF other persons, all OF
whom had lately been in the employ
ment of said receivers, and all of whom
Hdu 6URhkcu ia u otEiho hAu bhQ Iolubou
to assist in the operation of said line of
railroad, did, by threatening and oppro-
brious language, and by threatening and
intimidating acts, interfere with and at
tempt to intimidate and prevent one
Jesse Thompson, locomotive engineer
who was then and there in the employ
ment OF said receivers in the operation
of said road, from performing his duties
as such locomotive engineer, and did
then and there, by threatening and in
timidating acts, opprobrious language.
ana by threatening ana lntlmidatiDg
acts, endeavor to induce eaid Thomp-
son to abandon the discharge of
his duties az such engineer and
to leave the engine of said receivers
upon which he then was, for the pur-
pose of hindering and preventing said
receivers from operating said line OF
railroad.
That at all of the said times the said
respondents, John Howsrth and Martin
Kelley, well knew that the said railroad,
with its appurtenances, was in the pos
session and being operated by the said
receivers appointed as aforesaid.
From which facts it is considered and
adjudged by the court that the said re-
spondents, John Howarth and Martin
Kelley, and each of them, be imprisoned
in the county Jail of San Bernardino
county, California, for the period of
eight months. The marshal will exc
cute this order and judgment forthwith.