The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1894-07-24
THE TRIAL or DEBS.
He and His Associates Before the
United States Court.
THE DEFENSE A GENERAL DENIAL.

EhuEAH VI Aho bhAhhhhhha AANhNhtyA 10
Have the Cases Dismissed--Judge Gross
cup Declares Dcbs TeIeEraphio Orders
Were the Cause OF violent Outbreaks.
CHICAGO, July 24-An answer was filed
yesterday by the attorney for the officers
of the American Railway union in the
contempt proceedings in the United States
court growing out Of the alleged violation
of the federal injunction against inter
ference with the mails and interstate com
merce. The answer, which was formu-
lated by Attorneys w. w. Erwin, of st.
Paul, and 5. S. Gregory, of Chicago, is
a general denial of the various charges
against them.
A great crowd of spectators thronged
the corridors of the federal building and
struggled for places in the court room
when the hearing began United States
Judges Woods and Grosscup occupied the
bench and Immediately after taking their
seats ordered the court room cleared Of
the crowd which stood in the aisles and
about the door. Mrs. Debs Mrs Keli-
her and Mrs. Rogers were in court early
and greeted the four prisoners when
they were brought in.
The prosecution was represented by Dis
trict Attorney Milchrist, Special Counsel
Edwin Walker and Assistant District At
torney Hand, while the Santa Fe railroad
was represented by ex-COrporation Coun-
sci John Miller and Il. A. Bancroft.
Attorney Gregory opened the main case
with the suggestion that the hearing of
Debs and the others be postponed until
after the trial under the indictments
pending against them, but the suggestion
was not entertained by the court.
After the reading of the information
against the prisoners by the district at
torney and the hearing of the answer as
read by the defendants lawyer, Attorney
Erwin moved formally that the defend
ants be dismissed. He also asked that
the government elect whether it would
! try the prisoners on the original indict-
ment or on the injunction. Judge Woods
replied that the government would elect
| by going on now, and Attorney Gregory
| began his argument in support of the mo-
| tion to dismiss the bill,
Mr.. Gregory went on to argue that as
this was criminal proceeding an an
sweI under oath that he was not guilty
was all the defense a person cited for
| criminal contempt could be called upon
| to make. He could be tried for crime only
| by a jury. Proceedings of this kind
should not be resorted to or permitted to
take the place of the laws of the land
| The court should decide in favor of lib.
| erty.
''The doctrine of this injunction is, d" in.
| terrupted Judge Woods, that it is not
to be used to res train crime Iniunctions
| are not issued for that purpose, yet an or
der may be entered to restrain acts which
| involve crime. The court acted on that
theory.
Mr.. Gregory resuming said the in.
| junction restrained the defendants from
! preventing the employees by threats, in
| timidation, force, violence or persuasion
from performing their duties, or inducing
them by threats, violence, force or intimi
dation to leave the service of the roads
In the injunctional order the word per
suasion was stricken out.
This called out another statement from
Judge Woods, who said the court had re
fused to enjoin men from soliciting Other
men to leave their work. The question /,
now in the court of appeals in the North
ern Pacific case, and the court had no de
sire to interfere with it. Mr.. Gregory sale
the injunction did not enjoin the leaders
of the union from advising men to qui
work. 1.-THE injunction" said Judgt
fere with the operation of the roads
Whether advising was an interferenceis is
question to be decided"
The attorney contended that as lonl
as people obeyed the laws they coulc
not be held responsible for the lawlessnes
of others. He admitted that there wa
violence in the recent strike, and the mel
who committed it were guilty of violating
the injunction. The people who advised
violence were also guilty, but there wa
not a line in the information that the de
PENDANTS either committed or advised an,
violent acts.
Judge Grosscup said the theory of tn
government was that violence was tn
natural consequences of the telegraph
orders sent by the defendants.
Mr. Gregory was followed by MIR. Wal
ker, for the prosecution, who attacke
the answer vigorously He said the ans
wer was not full reply to the charges i
the information. 1t denied all knowledg
of the kilograms with one exception, an
l the government would like to have tn
opportunity to show that there was a
answer received to each message and tina
| Il was received by the officers of the raj
way union. All the strike orders whic
had resulted in the stoppage of commerc
} and the mails came from the Office of tn
. union in Chicago, and they were respons
, BILE for everything that happened in cons'
d uurnce, even to the loss of life He sal
an answer in a court proceeding was suff
/, cient to discharge the accused at commo
law, but in an equity proceeding the couI
9 could hear the evidence of both sides. A
9 the conclusion of Mr.. Walkers argumen
court adjourned.