The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1901-10-30
PLUCKY EXPRESS MESSENGER
STANDS OFF TRAIN ROBBERS
A Sensational Railway HoId-Up on the Southern
Pacific System Near Eugene, Oregon.
Little Booty Was Secured

EUGENE, Ore. Oct. 23.-The north
bound Southern Pacific Overland Elk
press, which was due here at 3:42 this
morning, was held up by robbers near
Walkers Station, fifteen miles south of
here, at 8 o'clock this morning, and the
express car badly damaged, but the
booty of the robbers amounted to little
TWO men boarded the train at College
Grove. climbing on as the train pulled
out. After passing Walkers, which is
four miles from College Grove. they
climbed over the tender and covered En-
gineer Jack Nichols and the fireman and
his helper The train was ordered stop
ped, after which the fireman and help
er were told to uncouple the train be-
tween the express car and the first
coach Engineer Nichols was then or
dered to pull ahead, the fireman and
helper being left behind. After going
a short distance the train was stopped
and the robbers proceeded to the express
ear, taking with them the engineer. The
express car was blown open with dyna-
mite, and Express Messenger c. Charles
was ordered out, but refused, and with
his shotgun commanded the situation in
side the car. The robbers ordered him to
*****k*k*is:F X X i; X X !, X X i
The motion was based on the ground
that the plaintiff had failed to establish
a contract between the two organize
TONS or the existence Of any contract in
restraint of trade. Second, that plain
tiff had failed to establish any damage
nf JCbi a q
ance, and that even if the agreement was
proven. the evidence as to damages was
SO uncertain as to make 1t impossible to
have the jury pass upon it.
Mr.. Thompson contended that laboring
men and merchants had a right to asso-
ciate for mutual benefit in any manner
long as it was not in restraint or
. trade, and in this case it had not been
shown that the public was affected
Judge Estee refused to grant the motion,
holding that it was a question upon
which the jury must pass.
The defendants then began presenta-
ton of their case, introducing compa~a-
lively little evidence, and that chiefly TO
show that there were other master
plumbers in Honolulu, not members Of
the association, and that journeymen
might be hired by any of them, and that
those employed need not be union men,
+. X. Batn teStlIleu kndI Ht SLlif'OS ="
three plumbers who were not members
of the union, but upon cross-eXamina-
ton, he admitted that they were pald
only S225 per day, the wages Of helpers
James Mott, also a master plumber
was the last witness for defendants lie
said he was a member of the ASSOCIATION,
and that they We're affiliated in no way
with the journeymen. He said there mad
been a good many meetings between
them, but no utilization.
Before the argument to the jury. the
attorneys agreed that the verdict to be
returned should be for the actual amount
of damages incurred, and the Court was
to treble that amount, whatever II might
be. 1t was also agreed that thu Court FIX
the amount of the attorneys zee in case
of a Judgment. The law provides that
this NAV be fixed by either the judge or
jury.
Mr.. Fitch opened the argument by
reading the antitrust law under which
the suit is brought. He contended that
this contract was in restraint of trade,
and that the destruction Of the agree
ment did not affect the status OF the