The evening times., 1895-09-19
'vIUeHs.beNH RAISED.
Judge ximbal!l Makes II $1,000
and Continues the Case.
NEEDED At THE BUILDING
Work at me Pfimifig office His Plea
for aRAccident w ifh-
out His Presence-Mr. Mnilowny
Insisted on an Early Trial and One
Week Was Granted.

Insisted on an Early Trial and One
Week Was Granted.
| S-.ol e''.'i.' 80, - - *, asis-
The case against Contractor Mcvaugh,
in charge OF the iron work DIT the GoverD-
ment Printing Office, for violation of the
cghthour law. was before Judge Kimban
this morning.
Counsel for che defense. Edward L. Gies,
| asked for a continuance for one week,
which was granted by Judge Kimball, in
| order t permit Contractor Mcvaugh to
| finish up some important work, now re-
| quiring his presence at the Printing Office.
A warrant was issued for Contractor Nc
vaugh's arrest yesterday afternoon on an
| affidavit Of william Linthicuni. by the
advice of The Times Legal Bureau. charg
ing him with violation OF the eight hour
law. The warrant was issued by Justice
Taylor, and ret forth that Mcyaugh was
guilty OF q vioiAtion of the law relating
to the hours OF labor on public works
Lieut.. Kelly served the warrant on Mr..
Mcvaugh shortly after 8 O'Clock yesterday
afternoon and they went TO the Sixth pre-.
cinct where Mcvaugh sent ont for a
boDdsman. 5''4ie
Shortly after I O'Clock this morning he
succeeded in obtaining Mr.. J. o. Knox.
of the George ". Knox Express Company.
as a boDdsnaan n. and they proceeded TO Judge
Kimbah's residence. who fixed the bond
at $3.50.
AFFIDAVIT IN THE CASE
The affidavit Of Mr.. Linthicum is as fol
lows:
Personally appeared William Linthi-
cum, who, ON oath. deposes and says that
on the 10th, 11th, 18th, 18th. ard 18th
days of September, A d 1895, he was
employed as q mechanic. working as an
iron worker by Frank NJ McVaugh, the
said Mcyaash then ard there being cub
contractor, employing. directing, and con-
trolling the services Of laborers and me-
chanics engaged upon the construction Of
one of the public works of the United States,
TO wit: An addition 10 the Government
Printing Office, a public building Of and
owned by the Cniled States and located in
the District of Columbia; that said Nc
Waugh being a tub-contractor, as aforesaid,
required this affiant. a mechanic an d iron-
worker as aforesaid, employed by the
said McYaugh upon said public work to
labor upon the came for more than eight
hours in oIe calenda day as follows.
within the calendar day of September 10,
1895, twelve hours; within the calendar
day OF September IL, 1896, twelve hours;
within the calendar day of September IL,
1895, eleven ard baif hours: within the
calendar day of September IA. 1895, ten
hours; that no extraordinary emergency
called for more thar eight hours labor from
this affiant within any one of said cal
endar days, ard that said sub-contractor
became such by virtue of contracts entered
into subsequent 10 August /, 1892; thai
for such work this affiant was paid at
the rate OF 20 cents per hour for the number
of hours he was so employed"
MR.. M'vAUGH'S DEFENSE.
In an interview with a Times reporter
Mr.. Mcvaush said he did not care to an
ticipate his defense. He contended that this
case was one of undoubtei emergency
and that the working of the men on the
building extra hours is a Gnatter entirely
optional with them: that he had not conc
peIled anybody to work and those who
did work extra time got extra pay.
The witnesses for the prosecution were
all present this morning. Mr.. B. Mcvaugh,
who is employed at the building; Mr..
]. II. Avery, a reporter on The Times;
Mcssrs. AcNaity and Fitzgerald, who are
also employed on the building. and Col.
John N. Wilson, superintendent of public
buildings and grounds
Mr.. Edward L. Gies. the counsel for
Contractor Mcvaugh. asked for a coniinu-
f.,r. l,tK =
that the presence of Mr.. Mcvaugh was
most necessary at the building at the
present time. They were doing some un-
derpinning in the nature OF that which
was going on at the .Fnrds Theater build |
ing at the time of the accident, and the
work was of a very delicate and danger |
Gus character. which required his con-
slant attention.
BY JURY OR JUDGE
Prosecuting Attorney Muilowny said he
objected to a weeks delay, and, F,
furthermore. he would wish counsel to |
elect at once whether they wished to be |
tried by court or jury. so that there would |
be no further delay when the case was |
caleld
He also called the courts attention to |
the fact that the maximum penalty in such |
a case was $1,000 or six months in Jail. |
The bond had only been fixed at $3.50 and |
he would ask the court to raise the bond |
to $1,000, if the continuance was granted. |
Mr.. Gies then explained again at length |
the absolute necessity Of the contractors
presence at the building, aud the impos-
sibility to take the witnesses from the
building.
In regard to the bond he asked that it be
fixed at not more than $500, and he prom
ised TO let the prosecution know within for
ty-eight hours whether they would re-
quest q Jury trial
Mr.. MuHowney was satisfied with this,
but the Judge fixed the bail at ST 600 and
.et the case for Friday, September 80.