The evening times., 1896-08-28
new TRIAL DENIED ! Tim
Contractor Winfree Fined for
Violating Eigh.-HOur Law.
STAY OF SENTENCE GRANTED
His Counsel VIII Try TO Carry the
Case to Higher Court-Objec-
tions Taken to the Courts Rulings
aud Instructions to the Jury Con-
tractor Released on Hail.

Andrew Wilson counsel for W. w.
WiDfrce, the contractor convicted OF yio-
lating the eight hour law in working men
overtime in remodeling tie Wallach school
building. argued his motion FOR an arrest
OF Judgment and IA new trial before Judge
Minis this afternoon. ~
Mr.. Wilson said that it was an emergency
which caused Mr.. wiDfree to extend the
hours OF labor on the building, aud it was
such an emergency as is mentioned in the
law giving contractor latitude.
He criticised the governments witnesses,
characterizing the members OF the Fedora
tion OF Labor who visited the bniiding as
trespa ssers. - A
Mr.. Wilson went on to say that the very
thing the government had charged in the
information against the defendant. namely
that no emergency had arisen. they had
Jailed utterly to prove He called the
courts attention to section two OF the
statute. which sa VS. there must be an inten-
tional violation OF the act
TRANSMISSION NOT DELIBERATE.
Counsel coutended Mr. Winfree did not
deliberately OF willfully transgress tie
measure
lie said the government had the building
inspectors word that the extra hours of
work We're necessary to complete the re-
pairs by The opening of the school year,
aud he attacked the judgment OF the
members of the Committee from the Fed
eratioD of Labor, who maintaiued more
nien. could be. employed on The building
He said one was musician and the other
n car diiver-not competent to give an
opinlou in the premises.
He then read great number OF references
in support OF his motion.
Mr. Alexander Mullowny, representing
the United States, denied that the court
erred in charging the jury, as claimed by
Mr.. Wilson. He claimed that his honor's
ruling was correct, and the defendant had
been shown plainly 10 he guilty Of vio-
lating 4 law which was framed to in
crease labor
Taking up tie emergency clause, Mr..
Muiiowny said the defendant oould not find
refuge in that provision OF the statute.
AS for saying it was not done inten-
tionaliy," ssid flIc prosecutor. how can
n man Commit a misdemeanor unless he
does IL Intentionally. except lie be crazy.
| Counsel aidthatthe word Intentionally
was not Incorporated in the information.
and great stress has been laid upon that
fact" i WAS not necessary. MI NuIIo why
argued. beca use thcintent of the offens @ wa !
prima facie
FINED 500. 'i-
Amer Mr.. Muiiowny finished Mr.. Wilson
again arose and INSISTED that the court S
instructions 10 the Jury, placing the bur-
den of prtdf On the defendant, were er-
roneous. and for that reason n new trial
should be granted
Judge Mills said the court might have
erred, but he did rot think So. He thought
tile facts warranted the jury bringing in
verdict Of guilty
Il shall. therefore, he concluded. ..over-
rule tl.e notion
Mr.. Wilson gave notice that he wcud
apply for writ Of error and have his bill
of exceptions reviewed by the appellate
court. .-ii - 5'''s'i o -.-..
'fou had better see first IL You can get
| one" said Mr.. Muliowny, informing Mr..
Wilson the court or appeals had decided
there was no appeal from the decision OF
the police court.
Mr. Wilson said lie would make a test
case of the decision, and asked Judge Mills
to grant him stay until the matter was
decided. by the higher tribunal. Jutlg,.
Mills said he could not grant the stay, and
would have to sentence the defendant, and
then Mr., Wilson could apply for the writ
In imposing sentence Judge Mills said
the infraction of the statute was not a
serious one and as the law had been main-
tained he would not make the penalty
severe.
Il viii fine the defendant S1O0 or in
| default thirty days in Jail" he said
Sentence was suspended until counse!
| could make application for the writ, and
Mr.. WiDfrce was released on bail