The record-union., 1894-08-09

that the defense preferred to withdraw its
objection TO the admission of the tele-
grams, and argue the relevancy of it at
the close of the case.
Mr.. Cook replied that this dispatch was
IN the same handwriting as many others
already submitted in evidence.
Mr.. Hart declared the Willows dis
patch forgery, and denied that any ad
missions had been made by the defense
that any OF those kilograms were genuine.
They were considered in evidence for the
purpose of Identification.
APPEAL TO THE RECORD.
A question arose as to what the record
showed was the stipulation between
counsel on introduction of the kilograms,
Cook contending that Mr.. Hart had
fairly admitted all the telegrams in evil
dence and admitted their genuineness.
a recess was declared. after which Re-
porter MuHigan produced and read his
notes relative to the introduction of the
kilograms.
The argument was renewed by coun-
sci. Mr.. Bruner claimed that it was
HartS own proposition to admit all the
kilograms; that he thus sought to have
admitted evidence that he otherwise
could not get in.
Both Gaddis and Hart contended that
they entered into no such understanding.
Judge Armstrong earnestly declared
that the prosecution would not consent
to the withdrawal of the objection of the
defense: unless it were stipulated. it
would not again be raised.
WRESTLING WITH AN OBJECTION.
Mir. Gaddis said that the defense was
not prepared to argue the law, and that
the prosecution was running dark
horse in on the case. Mr.. Gaddis was not
aware that Judge Armstrong was an at
torney OF record in this case.
Judge Armstrong, with an air of af-
fronted dignity, wanted it known that he
was the principal attorney in the case.
General Hart did not want to argue the
admissibility of any evidence until the
case was closed, but ''if any here is preg-
nant with an argument, why let him de-
liver It,"
THE COURT AND THE ARGUMENT.
The court thought it was important to
settle the conspiracy matter at this time,
and Judge Armstrong proceeded with
his argument.
After a somewhat rhetorical reference
to the noble purposes of our foretathers
IN establishing the Government q hun
dred or more years ago, he launched
out into denunciation of labor unions
in general and the A. Il. u in particular
He said that the Molly Maguires, which
which were transplanted fromIreland into
Pennsylvania, inaugurated the lawlesS-
ness and bloodshed that had always char
acterized the strikes in this country.
The Judge restated the position of the
Southern Pacific Company in not acceed-
ing to the demands OF the merican Rail-
way Union, and denounced those de-
mands as preposterous. He took up the
paper which the Mediation Committee,
at the instance of the Citizens Protective
Association, has signed. This paper, the
0d oh hot
MullIn and Compton were, by their own
confession, engaged in an unlawful pur-
pose to deprive the railroad COM
pany OF its property and its right
to conduct its business, and all
that was done by them and other confed-
crates, the killing of engines, the derail-
ing of trains, and the murder of Sam
Clark, was done in carrying out the un-
lawful purpose OF preventing the run
ming of Pullman cars. Hence the testi-
mony OF Secretary Mad0ley, who was
one Of the conspirators, was competent
against all of them.s
General Hart interrupted with: "You
haven't shown yet that there is such a
man as Maddley."
We'll prove who he is all right, my
friend" replied Judge Armstrong, "that
is, if the Court will permit us to; that is
just the point am arguing"
THE LAW CITED.
Judge Armstrong then read at length
from the law books, decisions of the
courts, interpreting the law of con-
spiracy.
In conclusion he said that there were
many good men, employees of the rail-
road, who were forced out by the strike.
They went home and took no part in the
destruction of railroad property and the
violence Of the strike; "but these anarch-
iCf sal q no III h
in the direction of Knox and the other
defendants, "who organize conspiracy
to lawlessly destroy property and take
human life, should be punished"
Hart in the course of vigorous speech
in reply to Judge Armstrong, declared
that the law quoted by the Judge was
simply in the maintenance of the ele-
mentary principles of the law that he,
Hart, did not question.
1t would be waste of time to read au-
thorities. He defed the prosecution to
name word of testimony tending to
show that the a. X. u. was organized for
any unlawful purpose. 1t was not a
crime for laboring men to combine for
their own protection, nor could any or
ganiZatlon, Masons, Odd Fellows or the
a. r. T., be made responsible for the acts
of anyiindividaal members.
If this prosecution carries it's point, the
logical necessity Will be to arrest Debs
and the 600,0 900 laboring men that made
up the American Railway Union.
1t was infamous To think of asking
Knox to be responsible for the acts of
thousands of men whom he had con-
stantly said he could not control, despite
his constant efforts in aiding the authori-
ties to maintain the laws and to prevent
violence.
Capital organizes: railroads combine;
corporations form trusts. What If all the
aristocrats who belong to these unions
were punished for the crimes that some
of their colleagues may have committed
l think. said the speaker, that most of
them would be up among the angelic
hosts.
Bruner wanted to reply to Hart, but as
the day was waning the court declared
a recess until tomorrow morning.
The Sheriff of Modoc County arrived
here to-day with ]. II. Applegate, alias
Texas" another of the alleged train
wreekers, who made off on the day of the
wreck.
United States Marshal Baldwin is here
armed with warrants for the arrest of
Knox. Mullin and Compton on charges
sworn out in the Federal Court in San
Francisco. in case Justice Fisher should
not hold them to answer on the present
charge.
NO YACHT RACE.