The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1897-08-21

specal Dispatch TO the lntelligencer.
CLARKsBURG. WA, Aug 2O.-The
taking of evidence in the case of the
,wenty.seven miners, on trial before
Judge Goff. for contempt of the United
States court, was concluded at p. m. to-
day. and the Judge announced that he
would give his decision at 10 a, m. to-
morrow.
The witnesses for the prosecution held
the stand until noon, each relating the
facts about as was stated by those who
were examined yesterday. Several
miners and strikers were examined by
,be counsel for the defense. ali OF whom
stated that they were only marching in
the public highway In peaceable man
ner. and meant no dlsrespect to the court.
They claimed that II was their honest
opinlon that they were violating no in
junction 80 long as they kept In the coun-
~ road The evidence showed that one
striker was handcuffed because he re-
sisted on the witness stand he main
tanned that he merely refused to walk be-
cause he had n sore heel.
After few OF the defendants had been
examined, Mr.. Davis. chief counsel, an
nounced that the court or prosecution
could select any one for examination,
whereupnn the Judge recalled leader Pat
Harney to the stand. Harney's evidence
was surprise TO many, and his state
ments regarding the object OF the strltI
crs was quite favorable to the cause OF
the strikers. The marshals had stated
that some OF the strikers had torn up che
Injunctlons when they were served, and
some had spit upon them. but the testl-
mony showed that none Of the prisoners
had been guilty OF such conduct.
Judge Fleming announced that the
prosecution did not care to argue the
case. but when the defense desired to be
heard he made a short but forcible
speech, maintaining that the injunction
had been clearly violated.
Attorney W. S. Scott. opened for the
strikers, and was followed by the senior
counsel. Mr.. John W. Davis.
Argument OF strikers Counsel.
Mr.. Davis made a most eloquent ad-
dress saying in answer to Judge Flem-
ing: I'VE admit that It is not only right,
but the duty of this court to enforce its
DEGREES. Whenever the people lose re-
spect for our courts our government has
proved itself gigantic failure. There
can be no liberty where there Is no law.
We do not assert that this corporation
must be wrong because 1t is a corpora
tion, or that these prisoners must be
right because they are worklngmen. WO
do demand that they shall receive equal
Justice, and that II men would not be en-
Joined from doing what they have done
before the house Of private citizen they
shall not be enjoIned from doing II In the
front Of the property Of this corporation.
These men had simply marched along
The public highway, peaceably and
quietly. they had made no threat and
offered no abuse. They had not disturb
cd blade Of grass on the property OF the
company, nor offered violence to any OF
It's employees, but even their silence had
been charged against them as being part
Of their acts Of intimidation. The right
Of free speech had often been as1ailed
but mover before the right OF free silence.
The construction OF the order IS stlll In
The breast Of the court, and while tho
court must enforce the law, until he did
so, counsel could not believe that the law
would ever authorize an injunction pro-
hlbltlng any man or body OF men from
passing up and down the public high
way when they did so In peace and order.
II the law has gone this far then our
constitutions and bills Of right will soon
become mere shadows from which all
substance has departed"
Hon. " s. Meredith in closing fo- the
Prosecution cited number OF references
m tho law governing lnjunctions and did
cFedi; 70 HE ability as an able Iurlst.