The record-union., 1894-08-10


Il say that they are men without
brains. and the proof OF 1t lies in this
paper signed Harry A. Knox, in which
he states what they intended to do; what
their puopose is, and inferentially how
they intended to accomplish it. No
everyday burglar would be fool enough
to sign such paper as that which this
committee signed for the Citizens Pro-
tective Association. One would suppose
he was not only the President ofthe United
States but the Gar OF Russia as we'll. He
says to the people of this State, standing
in the excellent position that he then oc-
cupied as the head OF the people of Cali
fornia, that the American Railway Union
which he represented demanded that
Pullman restore his men to their old
places and the scale of wages of lS93, and
that the Southern Pacific Company pur-
chase the quarter interest OF the Pullman
Company, paint out the name of Pullman
on the cars and restore all the strikers to
their old positions and wages. That was
the proclamation which General Knox
at that time issued to the people of the
State of California.
''knoX said he intended to win this
strike by any means whatsoever, and that
he was willing to take the consequences.
He is now taking the consequences, and
he is here charged with murder. 1t has
been proved beyond a doubt that the
American Railway Union made many
attempts to wreck trains in this State. \ O.
body else had any interest in this strike
Rails were removed in a dozen places in
this State, and violence was offered TO
employees OF the company.
"If the defendants and the American
Railway Union are not guilty of the muir
der of Engineer Clark, why have they
made no effort TO discover and bring the
murderers to justice? WhyA are they
/ A.. ] i II
lin and Compton here in this court WhiS-
pering daily with Worden and Hatch.
who have been proved beyond the shadow
of a doubt to be two OF the men who
wrecked this train? Was there no con-
certed action between them? Have they
made any effort at all TO bring the muir
derers to justice?"
CONSPIRACY CLEARLY PROVEN.
Mr.. Bruner read from numerous de-
cisions to show the law OF conspiracy, and
argued that the crime of conspiracy had
been proved against all the defendants,
because they had admitted verbally and
over their own signatures that their in
| tention was to prevent by any and all
means the removing of any trains until
the demands Of the American Hallway
L Union had been complied with. This was
an unlawful purpose. The train was
wrecked in pursuance of this purpose
and the defendants and all their asso-
ciates were under the law guilty of MUIR
der.
Mr.. Bruner laid considerable stress
upon certain kilograms sent out by Knox.
among others one asking for guns and
ammunition, and another sent after the
wreck, stating that although the militia
and the regular troops were in Sacra-
mento for the purpose of sending out
trains. they had been able to send out only
I Il al IL
that by getting sufficient arms and am
munition they would be able to defeat
the military.
The decision of United States Judge
in conspiracy case was quoted at length.
"It is indeed not necessary" said this
Judge, ''that all the consplrators should
be even acquainted with each other" 1t
had been proved in this case that there
had been an unlawful conspiracy in this
State, and particularly in Sacramento
city, the leaders of which sent Worden
down the river TO blow up the steamboat
carrying the United States troops to this
city, and they sent WorGen to Stockton
to organize military company to fight
the State troops. Then another man sent
telegram and another man did another
thing. They had a common interest in
the strike, and the common design was
to win the strike by any and every means
possible.
The threatening letters sent by the
American Rail way Union to Yardnaster
Halloran and others were next descanted
upon. Harry Knox admitted that he had
written those letters, threatening that if
the recipients did not quit working for
the Southern Pacific Company they
would be called scabs, and their families
insulted. That one circumstance is
SUFFICIENT TO CONVICT HARRY KNOX
M tho cf flrI
of July told Halloran and Newton that if
he had known that his friend Sweeney,
the man who had been his partner. was
going to take the engine out on that day he
would have taken him off If he had to take
crowd of men and drag him off of the
engine. because he (Mullin) knew that
that train would never reach its destina-
ton.
The fact that Worden Immediately after
his arrest sent for Knox, and that Knox
at once responded and went to the Jail to
see him, was dwelt upon by MIR. Bruner
as significant of the intimacy existing be-
tween the two men and the interest that
Knox had in his welfare. The statement
of Ray to Mrs. Van Huzen, that Clark
was being drowned, and that if he was
not drowned the - of - of scab
was being scalded to death, was com
lnented upon also, ''and while Mrs. Van
Huzen was on the stand and telling your
honor about that brutal and tendish re-
mark of this man Ray, the defendants,
Knox. Mullin and Compton, burst out
into a laugh here in the Courtroom"
General Hart replied briefly, denying
that any proof had been produced that
the American Railway Union was in
any wise conspiracy, or that it was Or
ganized for unlawful purposes. The
Mediation Committee had conspired
with no one to derail train. The worst
that could be charged against them was
civil trespass. Without the testimony Of
the weeping boy, Worden and Hatch
could not be placed within miles of the
wreck when it was committed. ii the
conspiracy theory of the prosecution was
to prevail, it would devolve on Iolo
County to hang Debs and 100000 men
for the murder of Sam Clark.
A recess was taken.
THE TELEGRAM RULED OUT.
When court was resumed in the after
noon Judge Fisher said: 1.-The first thing
is to dispose of that telegram. That tele-
gram has been considered by me as being
little irregular ever since its first intro
daction; and | feel somewhat inclined to
throw it out, and l viii do SO. / don't
think it is regular or relevant, and the
prosecution has already a sufficient
amount of evidence which is not disputed
10 establish the fact that the telegram is
intended to establish"
Mr. Cook-The other objection to these
two teIegrams is sustained?
The court-"Y es. sir"
EXPERT TESTIMONY.
Expert Bush took the stand at Mr.,
Cooks request and continued his exami-
nation of tho kilograms for the purpose of
Identifying the handwriting. The ex-
merit gave it as his opinion that not all the