The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-05-23

forcS ths execution of he. orders
70 pms them Oh b. setting the
hrakss. and uhsn the osicers came
there In forcs 70 carry ous tbs
ortsrs Of The court, thsy resisted the ON
cers in the attempt 90 unlooeen the brakes
70 that tns train might move: and Just -
vas % h exrsctsd. when they nrst appiisd
menk whom they knew 70 b o0dcees, with
resistaues. one kind Of forcs led % another.
Is makss no difference Who struck the hfst
blow or fred the frst shot The o1Icers
we're there In the discharge al duty en-
Joined By iaw. These men were there IN
violation at law and in disregard OF their
duty. opposine With force the omcers Of
the government There was. thsrefose.
IN actual resistance Of lawful authority
. resistance 20 ~ order Of the court. which
10 By the terms-the express words OF the
ntasuts-panishabis - contempt Of
court
ssNow, IL h urged in defense that these
men we're ignorant Of the condition Of
things. that they could mot Be guilty OF
contempt Of court becsuss they did NOS
know anything about the court IL - not
necessary that they should have received
ofliciai notice. II they knew that the
the custody Of the court, Il matters not BY
what means they obtained that knouledgs
or thst information. Intentional inter-
ference with the officers OF the court in
handling the property in it custody con-
stitutss . contempt OF court That
these men had actual knowledge.
II not Official notice. 10 proved
beyond any possibility OF question
In the frst place, they knew that they
had no right TO interfere with that rail-
road; it WAS not their property: they had
not paid fare; they had no license from
any one authorised 70 give it to them to
travel on that rosd, and they knew they
were trsspassers. They knew that the
railroad was in the custody Of the court,
because they found the courts ofiicsrs-
not only the ordinary trainmen and en-
ployes. but the courts own ofhcsrs-in the
actual manual possession Of tbs road. ~
far ~ Q rsilrosd can Be In the manual Dos
session Of force Of man. Then tho whole
matter 10 Of such general notoriety,
- shown BY the testimony, that It Is i'm
possible TO suppose that men who had
started ont on such . mission. to 50 the dis
lance they had to 90, would not have such
knowledge in regard to the condition OF
the lines Of transportation BY which they
them with the facts IN regard to the con-
dition Of the Northern Pacific road,
the very first line they were seek-
ing 10 travel By. This road had
been in the hands Of the receivers
since last August, and it was in
the actual projection Of the marshal
and his deputies from the time they first
sought TO travel upon its line. The off,
GERS themselves circulated among them
here and testify that they know how
much pay these deputy marshals are get
ting for every days work. They know
that much about the deputy marshaia.
They certainly knew what the marshais
were there for and who sent them. And
it 10 no use 70 try to persuade me with
any argument that they did not have that
knowledge. / cannot b convinced of
it. l cannot help but DO convinced to
the contrary. So the case a. proved in
regard TO the defendants Is. that with suffi-
cient knowledge of the condition Of the
road being in the courts custody, they
have Intentionally resisted the receivers
and the officers of this court in executing
the orders OF this court to take possession
and manage and operate the railroad
under the direction Of the court. They
have resisted and defisd an order Of the
court, aud in contemps of its authority.
1.-THE case OF each Individual among tho
defendants Is to bs treated In accordance
with the testimony as to him. My remarks
so tar apply In general 20 the whole Indus
trial movement from Seattle and Tacoma
towards Yakima. 40 far 40 there were
any participants in that movement up to
the 9th Of May. It includes some OF those
whom have already discharged for want
they were put on trial for contempt OF
court by acts which eliminated IN the re-
sistance and opposition to the marshals at
Yakima on the evening of the 9th Of May.
And the evidence failed to identify them
with that part Of the Industrial move
ment and so il seemed to me that they
were not proven to be guilty of the acts
specified in the complaint against them,
although some of them were censurable,
in my opinion. for being connected with
the movement as far a. they were con-
nected with il.
I'm regard to the defendants who have
been placed upon their defense, and whose
cases are now to be disposed of, there are
some whom ! cannot punish, because
am not satisfied from the testimony that
they were participants IN the acts speci-
fed in this complaint There il . conflict
OF testimony in regard TO certain ones, and,
while lind it difficult to understand from
the testimony. just the facts about the
movements of these particular men. still
IL Is not clear to me from the testimony
that they were there, and participating.
even by their presence, in the occurrences
on the 9th Of May. In regard
to Mr.. Lister, there - competent testi-
mony by William WEIGH, who was a Wit
b. Schell, who IL disinterested witness,
which ~ in direct conflict with the testi-
mony of the witnesses who identified him
as being present. Now, there 10 . posi-
hility that . man may be mistaken in re-
gard to the identity Of . person. IL Is .
frequent Occurrences that witnesses make
mistakes IN regard to the identity of per-
sons, and there certainly has been Q mis-
take in this case. because whatever may
he said OF the other witnesses, / be-
iievs Mr.. WEIGH to be strictly truthful,
and his Identification Of Mr.. Lister 3
more positive than that of any other
witness. He found Mr.. Lister in Eiiens.
burg on the 9th. and he found him there
the next morning at 8 o'clock, and talked
with him. Mr.. Scheli also found him
there, and there is other testimony in the
case that connects HIM and Hays to-
gether. so that If one was IN Eilensburg
believe the other was. They got TO North
Yakima in time TO be arrested when this
party was arrested. How they got there
Is mystery. Their own account Of their
journey to North Yakima is very hard
To believe. Ii may DO true. or il
may be that they got down there in some
ether mysterious way; but ] don't
think they were a; North Yakima in time
to be participants in the ects for which
these defendants are on trial. 1t is certain
that there " as much large number en-
gagged in that difficulty at North Yakima
than have been found and Droaght here
IL 10 certain from the testimony also that
the movement was going on and that
some OF those tina. were at Yakima on
the 9Th had gone from there on the
10Th, when the arrests were made,
and also that others that were
not there on the 9tn had arrived.
Those that arrived and Immediately
went into camp and joined with the