St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1895-04-28
DEBS CASES ENDED.
Or Practically So, Says His
Chief of Counsel, w. w.
Erwin.
CHOOSING THE TRIAL JUDGE
Olney's Move a Most Surpris-
ing One, II Reports Are
Correct.
DOUBT IN ERWIN'S MIND,
Emphatic Declarations OF Be.
lief by the Commoner of
the Law.
CHOOSING THE TRIAL JUDGE
DOUBT IN ERWIN's MIND


believes that the government has be-
gun to realize that the indicted men
can never be convicted.
A GLOBE representative called on
Mr.. Erwin last evening to ask for an
expression of opinion on the action of
Attorney General Olney in putting
off the day of trial. With a reticence
born of his regard for the professional
spirit, the great lawyer declared at
first that there was nothing to be
said. When the interviewer urged.
however, that even the smallest move
ment in such a famous dispute is of
deep interest to the people, he con-
sented to talk on this latest develop
ment, as it is regarded from the stand
point of the defense.
ALLOW me to premise what I shall
say" he remarked, "by the state
ment that l cannot believe the news
paper reports to be well founded. l
do not think the men who sent out
those reports have secured and pub
lished the real facts"
I'm what respect do you consider
the reports Idulty
ITO explain what 1 mean it will ba
necessary to go back almost to the
beginning of the cases. In the first
place, injunctions were issued in
Illinois, Kansas, Iowa and Missouri,
not to specify further. On taking up
my work for the defense, L made
strenuous personal efforts to get a
hearing of the civil questions in
volved at some point
AWAY FROM CHICAGO,
the seat of war. In that attempt I
was not successful. None of the judges
appealed to would consent to hear the
arguments. Judge Caldwell wrote
me to the effect that we could not
choose our judge. con this statement
Mr.. Erwin dwelt with emphasis)
His position was that we must go
on before Judges Woods and Gross
cup, and that we were forced to do
at Chicago, under circumstances and
surroundings peculiarly against us,
and amidst an exhibition of pref
udice on the part of the ruling ele-
ment that could not bode any good to
our position.
"Now, to say or intimate that the
chancellor of the government deferS
trial because of the illness of par
ticular judge, and in order to choose
their own judge-which such a move
would amount to, in Effects to say
that there is being attempted a most
70 at1If n
tutional guarantee-the right to fair
and a speedy trial. If the defense
could not choose a judge, away from
the center of prejudice and passion, to
hear argument on vital issues that
should have been settled, as we main
tain, before the main action was
brought to trial, how much more
dangerous to the constitutional spirit
it would be for the government
strong, powerful and all-controlling-
to attempt to abridge the right of citi-
Zens' trial without unnecessary delay.
The right of trial by jury, the safe-
guard that there must be an indict.
ment by grand jury, will
NEVER BE SURRENDERED.
'If the chancellor could say, OF
should undertake to say, that citizen
must be tried as he desired and only
before a judge to be chosen by him.
then the federal constitution would
very quickly be amended"
There was an earnestness of man.
ner about the speaker, and a virility Oh
language, when he uttered the words
quoted that cannot be given in an Off
hand report.
do you regard the attorney gen.
erals action as indicating a disposi-
ton to allow the cases to DROP" was
asked.
Most assuredly In my opinion
they realize the hopelessness of eveI
making criminals of Debs and his
associates. [ do not believe the cases
will ever come to trial. Why, sir, (and
here Mr.. Erwin became vehemenD in-
stead of being laWbreakers, or the i'm
citers of lawlessness, the peace and
safety of Chicago were preserved by
the wise and patriotic counsels of Mr..
Debs and his companions at Ulrieh's
hall. l was there, and l know. 1t Is
the most sublime farce this side of
hades to attempt to brand those men
as criminals. The report of the board
of arbitrators appointed by the presi.
dent placed the blame for the violence
and the lawless work of the mobs
upon the shoulders of the railroad
managers. In the future the verdict
of the public conscience will be that
Debs and the others who were in
dicted with him acted the part of
patriots at the most critical moments
in the history of that great strike
DRILLMASTER AND RECRUIT.
While Mr.. Erwin and the reporter
were still talking, Capt. Wilkinson, o;
Fort Smelling, joined them. Incidentab
ly, the captain spoke of being down
for a speech at the Grant anniversary
celebration of Acker post. This led
Erwin to remark that he detests MAKE
ing a speech. He has never com.
mitted to paper but two speeches, be-
fore delivery. Asked about the great
speech delivered in court at Chicago,
on behalf of the a. r. u. leaders, he
said he had not formulated any part
of it when he rose to speak He had
eaten scarcely anything in the twenty,
four hours preceding. and when pcs.
sible, went to sleep in order TO keer
from thinking
Another interesting point developed
from Capt. Wilkinsons presence. In
'61 Mr.. Erwin undertook to raise a
company of volunteers In his county.
and that he might be able to drill theru