The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-10-02
UNION MEN
RESTRAINED
Injunction Against President
Kermote Is Granted.
HARD FIGHT Is MADE
Testimony of Two Sides Very
Contradictory.
HARD FIGHT IS MADE

| Judge Dale in the district court yester-
| day granted an injunction in the case of
William Pirtle against International La
Dor union No. 2, its president and several
members. The injunction applies only to
| President John Kermode, Of the masons,
and TO Lew Debts, restraining these two
men from going to the place where Con-
| tractor Pirtle has his men at work and
ii any way intimidating or interfering
with them. II was hot fight, which oc-
cUpied four hours and half and the
union men with the aid of their counsel
presented their case ably, but s. B. Ami
den, for the plaintiff, William Pirtle, who
acknowledged as witness that he was
non-union, made a great stand against
the union men and sighted authority to
show that they had no right TO interiors
with non-union men as they had done in
order to induce them to join the union.
The first witness OF the afternoon was
Vim. Pirtle, q contractor in this city who
Is putting up the building on East Doug
las avenue for + Griffith He said that
Re hired non-union men and worked them
ten hours. On Monday last, witness de-
clared that the defendants came down TO
the place where he was putting UP the
building, on the foundation of which he
and his men were at work. He said that
the president jumped down in the pit and
attempted to organize the men right
there. Witness said that he (witness) saw
Kermode, and picking up a shovel, rushed
over TO him and ordered him out Of the
ID
ness presumed TO be gun, and said that
he was fixed for them. After a great deal
OF talking on the defendants part, he
withdrew, after having roundly cursed
witness. Witness said that Kermode de-
ciared that the men would have TO quit
working on the job. for II was scab job.
When asked by Mr.. Arnidon If the de-
PENDANT had threatened bodily harm 70
him. witness said that they had, the
president saying that he would beat
out OF me-" On cross-exarination,
IL was shown that Mr. PirtIe did not
know the men whom he had made de-
PENDANTS. A witne,5 was called TO
Identify them. Mr Crewson asked If II
were net true that Mr.. Pirtle was known
II have organized an association not long
ago TO destroy unions. Mr.. Pirtle denied
this accusation, and farther along in his
testimony declared that he believed in
unions, but not in the way this one is con-
Quoted He answered negatively to the |
question OF the defense II he did not |
curse Kermode. He said that he paid his |
men anywhere from 10 cents to 05 cents
an hour.
There were five of Mr.. Pirtle's men in !
PRODUCED. and they all told practically the |
same story and swore to the same facts, |
or which Mr.. Amidon based his argu- |
rents against the union. One of these |
witnesses was ]. F. Cuddings. foreman |
for Mr. Pirtle He proved poor witness
for the non-union side OF the fight. On |
REORGANIZATION it was shown that he
has quit the union with a fine OF SIS
against him. which suspends him.
John Kermode, president of the local
union. was the next witness put on the
stand, and corroborated by union men.
he swore that he had never intended to
make those non-union men quit their Jobs
or meant 20 do them bodily harm. He
eid say 10 them that they might as well
sign up, for they would have 20 quit work
for there were no brick masons in town
who would work on a non-union job, and
therefore they would be out of work. In
reference to the intimidation, witness de-
clared that he used none and outside OF
q remark to Pirtle, he threatened none.
He told Pirtle that If he would come out
in the alley witness would settle him.
This was after Pirtle had picked up the
shovel and had raised il as if to strike.
Mr.. Kernode said that he would take
such from no man. and he made for him.
The other men interfered and witness
withdrew. He denied on cross-examina-
ton by Mr.. Amidon for the non-union
men. that he had called Mr.. Pirtie the vile
name which Mr.. Pirtle had said he did
He said that he had gone down there TO
ask the men TO sign UP with the union
because it was his duty TO do so. When
they refused, witness said he left and
told them they would have 10 DO the best
they could. for he had done everything
hat he could for them.
In testifying. witness became little
heated. and Mr Amidon, for Pirtle. took {
advantage Of the opportunity 10 ask Mr. {
kermode if he was perfectly calm and
col while he was talking TO Mr. Pirtle I
ana his men.
Yes" replied President Kermode. Just {
- calm as I am now
7 thought so. answered Mr. Amidon, j
With a laugh.
Lew Debts was put upon the stand and I
'orroborated the testimony OF the presi- I
lent Of the union. He was With him
~hen he went down on East Douglas. I
Charles King and Rice. contractors in
Wichita. were called. but gave no i'm {
1Crtant testimony.
Mr.. Amidon. as IN argument. cited au- {
horities TO show that these union men J
lad no right 10 interfere with non-uuion ,
nen. He declared that the latter have r
ust IS much right 70 be non-union men
IS the union men have 70 be union. lie p
,ased his argument on the suppos.tion
hat the noH-union men had testified 20 /.
acts Re did not say what he considered
he testimony OF the union men He said ( i.
hat undoubtedlv labor had the right 70 =
tganize. but restrictions should re placed
.ron L, His talk was short and very
,ointed Matters all afternoon were heat
D. ard the feeling between she non
inion and union men was very evident
,ir. Auiton's cross-exanination q oue .
Z the union -colored racn was ferocious.