The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-07-20
THE COURTS LESSON
TAUGHT TO MORE MEN WHO KEPT
OTHERS FROM WORKING.
Strikers Released by Judge Baker
After the Administration of
Severe Rebukes.


Thomas J. Murphy and J. W. Avis, the
committee which informed the superin-
tendent of the Louisville, Evansville & St.
Louis Consolidated railway that he must
not expect his crews to haul anything but
mail after July S, were before the
court, and in extenuation of their offense
claim ed that they only served this notice
on the superintendent that he might
prepare for the convenience of his passen-
gers. The men admitted that they knew
the road was in the hands of a receiver
appointed by the United States Court.
Judge Baker told them that they should
have known that they were violating the
order of the court. He called them up to
his desk and for ten minutes devoted him
self to a scathing rebuke and practical talk
upon the elements of good citizenship. The
prisoners were released on their personal
bond, which shall exist so long as they
behave properly.
Charles Sussex, OF Princeton, was ar
raigned on the charge of assaulting train
caller for the railway company. The pris-
oner pleaded not guilty, and the court
ordered that if he failed to furnish $1,000
bond he should be kept in the Gibson county
Jail until Sept. Z, the date set GOWN for his
hearing. Oscar Larson and Arthur Dishene,
of Hammond, were sent to Jail in default
of bond. They were arrested for intimidat-
ing a telegraph operator at Hammond. Both
men pleaded not guilty to the charge.
Yesterday afternoon the court heard the
evidence against Samuel Daily, William
Shellady and Joseph Jameson, of New Al
bany. The men were arrested on the charge
Of obstrutcing a mail train on the Louis
vile, Evansville & st. Louis road. On
Sunday evening, July 8, conductor Cuppy
the impression that he was to experience
trouble at New Albany. He stopped at the
station across the river to get his clearance
orders, and here found that his fireman
had refused to continue the journey. An
other engine and fireman were pressed into
service, but the latter declined to go out on
the run unless the conduct Of his fellow
laborer was forgiven by the road. A mes
sage from the tratnmaster obviated this
difficulty, but other annoyances followed,
and the train was not permitted to move
until an hour and three-quarters had been
consumed. 1t was shown that the tram
had been cut and that the defendant
Daily had said, I'VE will let this train go
only with the mail car" The prisoners
produced policeman Adams, of Louisville,
who said that he had been sent 10 the
yards to prevent trouble with the strikers.
Policeman Adams corroborated the asser,
ton of the strikers that he mad ordered
them TO cut the train because 1t stood
across the pavement. Engineer Ayles testi-
fled that as he drew his train into the
yards ten or fifteen men sprang upon the
rs that the usual crew required to pull
a train out of LouisvilleY inquired Judge
NO, SIR" replied the engineer, somewhat
disconnected.
the court. G.
man." answered the engineer.
Indeed l suppose you had your ears
closed" was the somewhat sarcastic COM
Of fha
turn the hot water on to them. ne con-
tinued; 81 think that hot water path
would have done those fellows good
Engineer Ayles refrained from further
observation and retired from the stand.
Another witness testified that he had seen
striker Daily climb on TO an engine and
run il out on to the main track. Another
had seen him couple on TO a Pullman
sleeper and detach it from the train.
There was considerable evidence against
the prisoners, but none to show that they
had resorted TO violence Judge Baker. in
summing up the evidence, spoke as fol-
lows:
II think that there is no doubt under
the evidence that all OF these men have
been guilty of disregarding the order of
the court. This railway was in the hands
of the court. The court had appointed
receiver who had authority to employ en-
gineers, firemen and other necessary en-
ployes TO the road. When these men
were employed they became the employees
of the court. All OF these prisoners ap-
men who owe a duty to society, to their
wives and children. They ought to have
known better than to have engaged in
grievance against the receiver the court
always stands ready to hear the COM
plant. But the court cannot permit any,
body to interfere with the management Of
a road in its custody. 1t is always a pain
full duty to punish. but do not
know of any other way by
| which respect and obedience can he
commanded than by punishment. None
| of these defendants can plead the excuse
| that he did not know that he was doing
| wrong. | am satisfied that your conscience
| is not so dead to religion and good laws
| that you did not know that you were doing
| wrong. The infinite meanness of man; the
| infinite dishonOr Of men that will band
| poor fellow who is attempting to make a
living for a wife and children! Is it pos
sible that in this free country the time has
| come when a man doing what God has
| given him the right to do is to be bounded
as IL ne were mad dog by so-called or
! ganiZed labor and must get down on his
| knees at its dictation? It's a despotism of
| a slavery that is intOlerable. Ii is strange
that men will allow themselves al the die
/ tation OF these Anarchists and socialists
| as they are. to become mere jumping la cks
! It's amazing to me. All of these men have
been shown by the evidence to have been
on an engine that they had right to be
| on. 1t was taken possession of with the
authority and consent of Mr.. Jameson.
| The only question with the court is what
| the punishment should be-
| District Attorney Burke - Your Honor
| permit me TO say a word. l know these
| men, and feel that what they did was not
| with any intent to insult the court. From
| what know, they may have been ilI-ad-
| vised, but l do not think they intended tc
| act in opposition TO the court.
Judge Baker-Do you think ii is possibl,
| that there is an American citizen who be
| lieves that because he is a member of tn,
| American Railway Union that he has {
| right to strike and take possession o
| trains? Do you suppose that there is {
| citizen in the land with q conscience 81
dead that he does not know that this i
| criminal? If you or L went into a man.
house like that he would get out his shot
| gun and run us out These men are en-
tire strangers TO me- but the evidenc
than one fragrant wrong. They are mel
Of intelligence and know that the!
did wrong. 1t may be tina
clemency will be appreciated. IF / though
that they would learn a lesson to oui
these associations that teach men 10 prac
tice lawlessneSs; if l thought that the,
would appreciate the Indulgence of tn
court by practicing the plan that one maj
can run his own business, that il is enough
out undertaking 70 fight the peoples bet
ties, / would feel constrained to SuSpen
sentence. | have no desire to punish any
| body 1t is only a question as TO Wha
Is duty the part of the court. / won
! pronounce a sentence to-day. I'll let vO
men go on your good behavior and tn
court will understand that il is a misbe
| part of every citizen in Indiana. | wOul
not let you so if / did not believe tina
| there is enough conscience left in YOU I
impel You TO lead from this on the part @