The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1895-05-15

by the way of Red Bluff, in said State, to the
town of Ashland, in the State of Oregon, to the
city of Portland.
And the grand jurors Aforesaid on their oatn
aforesaid do further say;
That the said Frank NJ. Stone, to whom this
undue and unreasonable preference ana adj
vantage was thus given by him, the SAD CONS Ii
tute or homeless person, transported or TO be
transported by charitable society or societies,
and was not then and there necessary agent
of such society or societies employed or TO be
employed in such transportation; nor was the
giving and making of said undue and I'M
reasonable preference and advantage then and
there free carriage to any officer or ofhcers,
or employee or employees, of said Southern Pa
cific Company; nor was the giving and making
of said undue and unreasonable preference and
advantage then and there an exchange OF
pass or passes, or of q ticket or tickets, with
any other railroad company other than the
said Southern Pacific Company for the officer
or officers, or employe or employees, OF said
other railroad company, the said Frank NJ.
Stone not then and there being an officer or
employee of any railroad company, as aforesaid.
Against the peace and dignity of the United
States of America, and contrary to the form
and statute of the said United States of Amer
lea in such cases made and provided.
HENRY S. FooTE,
United States Attorney.
AS everybody knows, Huntington did
not come to California, so warrant for
his arrest and removal was forwarded to
New York. Judge Brown refused to grant
the order and now the chances are that
the case will be dismissed here.
In talking about the matter yesterday
Attorney George w. Monteith said: "The
Huntington matter is not over with by
great deal yet. The United States District
Attorney can nolle prosequi the case if he
wants to, but that will not end the mat
ter. I'll tell you what I'll do: I'll draw an
indictment on the facts and submit it to
ex Chief Justice Currey, ex Supreme
Justice Myrick and another ex-Justice
whom they may select. They shall be the
Judges and Mr.. knight and 1 will argue
the subject. The first point to be settled
is, Is the indictment sufficient? / will take
affirmative and Mr.. Knight the negative.
If 1 am sustained then we will argue the
point, DO the facts developed in the
strikers trial sustain the Indictment or
notP Let us charge an admission fee, and
if win, the money shall go the starving
families of the blacklisted strikers, and if
the United States District Attorneys office
wins the money can be paid to any deserv-
ing charity designated by Mr.. Knight
1.-THE main fact in my complaint was to
the effect that Stone started from San
Francisco to Portland via Ashland in the
State of Oregon contrary to law. but that
W
Anyhow am willing to debate the mat.
ter, as have already stated, and am
sure we will secure an impartial and Judi
cial decision"
Il have neither the time nor inclination
to enter into debate on the subject" said
Assistant United States District ATTORNEY
knight. Judge Brown has decided the
matter, and says that intent is no crime.
There is not a little of evidence to show
that Stone used that pass to cross the bor-
der into Oregon. but there is his own
sworn testimony to the effect that he in
tended using it, but was prevented by the
strike, and had to get off at Red Bluff.
Arguing for a fee and arguing for honor
and glory. are two different things. AS an
attorney Mr.. Monteith may have time to
devote to the latter, but have not. Mr..
Huntington may be arrested, but do not
think any charge will lie against him."
AS matters stand at present Huntington
VIII not come to San Francisco until the
Indictment against him is dismissed. That
action will probably be taken in few days,
and then 1t remains to be seen what will
be done when the railroad magnate gets
here.