The morning times. [volume] (Washington, D.C.) 1895-1897, 1896-08-20
W|NFREE FOUND GUILTY
Wallach School Contractor
Violated Eigh.-H Law.
FIRST CONVICTION SECURED
Jury in the Police Court Decided Tn =
He Could Not Take Refuge in the
Emergency Clause-MOtiOn for a
New Trial Made-LabOr Men Are
Jubilant.

FOR the rSt Tune since the ciSht-! o 1
law has been placed on the statute book
OF the United States an offender agains
that measure has been convicted.
1t is ". W winfree. the contractor, found
guilty late last evening by a jury in Judg,
Nils court OF working his men nine lou.
day on the wailach Scho DOL building, which
he is repairing.
The case was fathered by the Federation
Of Labor and 10 their interchangeable efforts
the victory is Cue.
The tr-al was characterized by the weak
attempts of the defense to show that ar
emergency required the cOntracto: to TAX,
advantage OF that clause in the law which
provides in such instances of permitting
mechanics on government buildings to ex
ceed the hours prescribed. There was alsc
an attempt to maintain that tie building
was in a dangerous condition.
JURY OUT THREE HOURS.
The case was So vigorously prosecuted
by Assistant Prosecuting Attorney Null
lowaey and the evidence was SO much in
preponderance against the defendant that
some surprise was expressed that the jury
required from o until 9 O'Clock TO wrestle
with the case. At O'Clock they came in
What is it you do not u gree OIL the evi-
dence or the facts"'' asked Judge Mills.
The facts answered the foreman.
Then go back and reonccile them re-
torted the court sharply: and they did, two
hours later. When the verdict was an
nounced there was utilization among the
large au-iicnce in the court room, o.urosed
Of members of different trades unions, ut
accomplishing the en- tney have sought so
persistently and faithfully
Counsel for the defense moved for lew
trial and Mr.. Winfree was released on tail.
The penalt : for the offensc isentireiy within
the discretion of the court. The law
fixes fine of not more than 81 900 or
more than six months in Jail, or 10th, "
the judges pleasure.
woRKMEN ON THE STAND.
The preli ina ries of the trial were
told in The Evening Times OF yesterday
and after that report closed Villa ia Hoff-
man, a carpenter in the defendants EN-
pioy, was still on the stand. Hoffman
told Mr.. Mullowney, the Prosecutor, on
examina tion, that he considered himself
intellectually better than a great many
OF his craft, and expressed the oIinion
that no additional men could be employed
on the building advanta geously. He said
they would hamper the other wurkmen.
Josiah Adams, a carpenter and memner
OF the Federation committee, said that
On August . he went to the sUrcol and
applied for job, which was refused f'in
and he not iced only n fe W mcu not more than
ten carpenters, at most, at work.
He SAID III the past he had worked fer Mr..
winfree. but bore no malice against him.
He said on cross-eXainination 10y Mr..
Wilson that he entered the building and
talked 10 Mr.. Winfrec's foreman
Wasn't there a sign there forhiddinS
any one but employees from enter'Ig?'
asked Wilson.
Yes" replied the witness, but We never
regard that as applying TO men in search
Of employment"
"You would have accepted a position at
eight hours II Gay said counsel.
Certainly
AT g.
Never" replied Adams, firmly.
His evideace showed concIusiyeiy in face
OF the emergency Winfrec represented as
demanding longer hours, he was not will
ing 10 take on additional hands.
THEY WORKED OVERTIME.
Charles Johnson and Samuel Laws, col
ored iaborers. said they worked from :
a. m. to p. m, with a half-hour's inter-
mission. Davis said he had TO leave home
at in the morning, and when he put
his team up it was after o'Gock.
The defense caught quick-witted wit
Eess III james TraiDor, the third member
of the committee.
Your bus.ness, Mr.. Trainor:'' asked Mr.
Mullowney.
Railroad man.
What kindr''
Front end; driving horses
You mean a car orivcr.' and the prose
cutor laughed.
After the witness had testified about the
same as his fellow committeeman Mr.. VIII
son began 10 pro be him.
MANY carpenters about the building"
he asked
'.Nu, as many as there could be- was
the reply
Come, ,ai1 the lawyer, how many"
Room for more." answered Trainer,
coolly.
state the number, SIR insisted the
attorney.
II can't give the number accurately"
retorted Trainer. land don't intend |
to guess at it,
Francis Tolson, a house Joiner. said he
went To the Luilding on the 2sth OF July |
asked wInfree for work, and the latter |
said they were letting men 80.
Frederick Dennison, carpenter, in |
Wnfree's employ, said he was paid extra
for working over ight hours.
This closed the governments case, and |
Mr.. Wilson arose and moved that the
defendant he discharged He read the
law. which provides for men working
over light hours an government building |
when an emergency arises.
PLEA OF THE DEFENSE.
THE government not having shown it
was not an emergency" said the lawyer,
and not Il w!lrdl violation of the law. the
defendant cannot be held guilty, and 1 |
move Tor his piischarge."
Motion oycrruled," said Judge Mills, and
the witnesses for the defense were pro-
duced.
Arthur W. Bailey. bookkeeper for Win
free, said all the employees except the ap-
prentice boys were paid Tor overtime and
that the force averaged sixty men. He
said the carpenters were paid S2.22 for
ccth hours work, and So so Tor nine
hours.
Captain Barron, the foreman, testified that
the first week they ran eight hours, and
then saw it would be necessary to work
later. He first consulted the men and
they all expressed their willingness to ac-
cept the extra compensation fur the excess
OF time.
Captain Hyines, the inspector from the
building inspectors office, supervising the