The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-03-29
MONTEITH FLAGS KNIGHT.
The OLD CHARGE OF INSANITY
AROUSES THE LAWYERS
WRATH.
FEDERAL OFFICIALS ACCUSED OF
BEING Tools OF THE SOUTH
ERN PACIFIC.

sumed a sensational aspect YESTERDAY in
the United States District Court, when the
attorneys engaged in it nearly came to
blows
District Attorney Knight said that the
defendants counsel, Montieth, was insane.
"lf youdare make that charge again I'll
have you arrested for criminal libel, %
shouted Montieth.
Knight said he would prove it at the
afternoon session, but Judge Morrow inter-
fered and the matter was dropped. Mon
tieth said it was despicable trick to influ-
ence the jury.
In his argument for the defense Attorney
Monteith treated Knight and United States
+ Marshal Barry Baldwin to a piece of his
mind, giving them and President CIeve-
land merciless scorching.
Il. Y. Debs was in court at the time and
enjoyed the attorneys able argument
Mr.. Monteith said:
have come here simply to appeal to your
reason and your inteilieence in the same ws y
that we would talk together about matters OF
great moment in which we are all mutually
interested.
You must remember that this is the TWEEN
t1eth week since this case began, and that it is
the longest criminal case in the history OF
litigation.
The case illustrates with awful force the re-
appearance OF conflict that the history of our
race has shown TO be present at almost every
stage IN the growth OF civilization. That while
at times it has been more or less suppressed,
sui II has only been put down to return again
and often with renewed force.
We assert that all the facts from that which
we all know that these men were only out on a
strlke-thet 1t was not conspiracy, simply q
strike. The fact it was a strike and strike
only is part of the current history of the
country, and yet the prosecution seek TO dis
tort 1t into conspiracy having an entirely
different purpose and an unlawful object.
Mr. Knight made startling admission
that any woman or child old enough to know
what was right or wrong would be deemed a
conspirator if found acting with these alleged
to be leaders.
They have taken the ground in this case that
men would have no right at all to combine to-
gether for their mutual protection. 1t is true
That they protested that they did not think it
wrong 10 go upon strike. 1t might have been
a conspiracy, but it is their duty SO to prove
beyond all reasonable doubt.
He reviewed the history of the strike at
Sacramento, and held there was no reason
for calling out the militia, and that the rail-
road strikers had committed no crime in as
sorting their rights, continuing as follows:
All the A. r. U. managers had done was
simply TO exercise that personal liberty that
is the glorious heritage of every freeman, and
If the great corporations of the country in such
a case can use courts and juries as q means to
Cypress their workingmen, then, sir, where
the boosted liberty of this repubIic7
On cross-examination Mr.. Baldwin admits
that the afternoon before he went to Sacrs-
mento, accidentally, he says, he met J. A
Fillmore on the street Then, that evening he
alphabetically, OF course-met Fillmore
and Garter at the Palace Hotel-met acct
dentally just as the milk maiden, in going
down to pasture to milk her COWS, in place of
going the direct path, strolled around the
crossroads grocery at the corner where a
young swain happened to be-accidentally, of
course-iust as Brother Baldwin met Mr.
Fillmore, and, parodoxically speaking, "acci-
dentally done on purpose
The next day Baldwin and knight rode with
Fillmore to Sacramento.
There is something about that trip that
draws smile to Don Quixote and his faithful
Sancho. Only which was Sancho and VINO the
Don? That you can decide better than |.
There is In analogy there also with the famous
battle with the windmills. But had either but
the good plain sense OF the Don, and after it
was all over he would have advised against
this case, for he would have said as did the
Don on one momentous occasion, "Don't
stir it,"
der the claim that they were acting officially,
went by arrangement with the railroad officials
on special train. and while there remained in
close touch with them.
On his arrival there Baldwin at once assumed
the railroad was right and the strikers were
wrong Together with Knight he went to see
by what they were doing. They were simply
refusing to work. Knight coolly advised them
that they were violating the law, pompously
tod them OF the opinion OF the Attorney-Gen-
eral as to what constituted mail train,
stated the railroad company would only move
trains with Pullmans.
Had he known the laws he was sworn to en-
force he would have told them Olney's famous
opinion did not apply on the Pacific Coast. 1t
did not apply to land grant railroads. These
railroads were under perpetual contract to
transport the mails while the other rail-
roads by law were compelled to carry the
mails on such trains as the Postmaster desig-
mated"
But this he did not do; neither did Baldwin.
Ihey knew the railroad company wanted to
force the running OF Pnllmans, and would not
90 otherwlse, and in place OF acting IN the in
tefest OF the Government they acted for the
raiiroad-did that which would best serve the
railroad.
Mr.. Baldwin testified that when he got to
sacramento he accepted the hospitality OF the
Southern Pacific he used Southern Pacific
paper, made his headquarters at the Southern
racine depot, and was in constant consultation
with the Southern Pacific attorneys and Off
Gals. Mr.. Knight admits that he slept in the
depot, that he dictated Mr.. Baldwin's requisi
tlon 10 southern Pacific stenographer, had it
written on Southern Pacific typewriter, and
aIteF CONSULTATIONS with the Southern Pacific
people.
Believing the District Attorney to be a sworn
minister OF Justice we thought we had the right
to be prosecuted by one VINO could fulfill the
measure OF the law in that respect This Mr..
hnlght could not do and has not done, his
sneers, his innuendoes and the constant stresm
OF vitnperation he has heaped upon the heads
OF these ana other defendants during the prog
res OF TINS case, have shown him TO be entirely
1900 PS4AOAht thS uutlts OF MS ONCE ana
We believe that it is your duty to
look with suspicion upon his every act in
TINS case. The villainous, false and malicious
attack he made upon myself during the prog-
ress OF this case, though matter of indiffer-
ence 10 me personally, in that it would perhaps
eHect the interest OF these defendants whom it
IN no wise concerns-this was the meanest act
in all his mad career.
Coming to the trestle wreck on July II.
the speaker unraveled from the threads of
evidence a chain of circumstances that
pointed to the railroad company as the
real perpetrator of that fearful casualty.
He capped the, climax by showing that
on the day of the wreck Mr. KNIGHT. in
company With Southern Pacific detectives.
had taken statement from the boy Sher-
burn in writing in the possession of
knight.
The argument will be continued this
morning.
Man fiti nd off