The Clarksburg telegram. [volume] (Clarksburg, W. Va.) 1874-1926, 1902-08-08

by 1t on the Fuel Company'S property.
He asserted that the legal title Of the
mining property was vested in the
Trust Company and the only interest
the Fuel Company had in the matter
was an equity in redemption. He de-
cIared that until the Fuel Company
redeemed the bonds amounting to
80, 900, 900 the Fuel Company could not
call the property its own. 1t was dis
closed that the Fuel Company had bor-
rowed s95OOOO of the Trust Company
and given two million dollar mort
gage on the mining property.
John Basel in his argument raised
the point that the bill had been prac-
tically confessed to, sentence i'm
posed and the case ended. He could
not see how the prisoners could now
get relief. In referenceto the allega-
tion that the Fuel Company should
have been made a party to the suit, he
attempted to show that it was not a
controversy between the Fuel Com
pany and the Trust Company and that
the former was not sggrieved and
asked for nothing.
John ". Davis made short speech,
in which he emphasized the argu.
ments Of his colleagues, and dWelt es-
peclally upon the fact that the inter.
ests Of the Fuel Company we're not in
volved in the suit or by Judge jack
sons decision.
The court having heard the argu-
ments and having been presented with
counsel's briefs, adjourned court at
$50 O'Clock in the afternoon until
Wednesday afternoon at 2 O'Clock,
when he handed down his opinion as
follows:
On the petition OF Thomas Hag-
gerty, George Baron and Andrew
Raskawee, OF the State Of Pennsylva.
MIA, William Morgan, OF the State Of
Ohio, William Blskely, Of the State Of
Indiana, and Peter Wilson, of the
State OF Illinois, alleging that they
were illegally restrained Of their lib
erty by c. D. Elliott and ]. w. Dud.
ley, 1 directed that the writ of habeas
corpus issue, returnable before me on
the 5th day Of August, 1902. On that
day due return was made by said
parties, and the petitioners we're pro.
duced before me. BY the return it
appears that G. D. Elliott is the
United States Marshal for the North
ern District Of West Virginia, and
that j. W. Dudley is the sheriff Of
Wood county, West Virginia, and as
such the Tailor of that county, and
that they as such officials have the
custody ofand detain the said petit
tioners by virtue of Judgment of
conviction against each Of them rem
dered by the Hon. John ]. Jackson, on
the oath day of July, 1902, he then as
District Judge for the Northern Dis
trio of West Virginia, holding the
circuit court for that dstrict-for a
contempt Of the orders Of that court
by them and each of them heretofore
Such orders had been
entered by that court in the equity
suit of Guaranty Trust Company of
New York, fled against Thomas Hag-
gerty and others, for the purpose Of
restraining such defendants from en-
tering upon and trespaSsing upon the
lands and property of the Clarksburg
Fuel Company, corporation organic
ed under the laws Of the State of West
Virginia, and doing business in that
state: also to restrain them from
going on the said company's tippleS,
tracks and other property, for the
purpose of unlawfully preventing that
company's employees remaining in its
employment; also restraining them
from assembling, congregating or
camping at or near any Of the mines
OF places Of business of that company,
or the roads travelled by It's employees
in going toand from their work, for
the purpose of preventing by intimi-
dation such employees from continuing
in said employment; also restraining