Omaha daily bee., 1902-09-26
HEARING BEFORE REPORTERS
Federal Judges Send Injunction Case Wit
nesses TO Three ~stsnegraphsrL.
COURT TOO BUSY TO HEAR TESTIMONY
Respondent Turned Down on Their
Application TO Have Witnesses
Brought Before judge
In Open Court.

Inc ntdTlnE ol lut hppllCdllOh Ap -
temporary injunction against the striking
employees of the Union Pacific railroad
will begin this morning before three
Btenographers who are to sit in the court
room at the federal building while the
testimony is being taken.
This form OF hearing was the result Of
an order issued yesterday by Judges
Mcpherson and Munger Of the United
Btates court, sitting together In the case,
which came up according to the notice
terved at the time the restraining order
was issued, ten days ago. John N. Bald
win represented the Union Pacific COM
pany and Smyth g. Smith the strikers.
When the case was called Mr.. Baldwin
stated that he desired Ythe temporary hear
Ing 70 be by afhdavit, the witnesses not to
appear in court until the final hearing.
rhe attorneys for the strikers objected to
this form, saying that they desired the
rourt to see the faces OF the strikers and
the witnesses for the company to get an
nctual idea Of the credlbility OF witnesses.
Mr.. Baldwin said that he would introduce
the evidence Of sixty persons to the I'M
lawful acts which had been perpetrated by
the strikers, none of which would be Gu
mulative and that with the evidence to be
introduced by the respondents would make
II necessary TO occupy from two TO three
weeks In taking the testimony. Mr.. Smyth
thought that the testimony could be taken
On a few days and desired to have II taken
IN open court. He said that when he had
been retained In the case he had applied
10 Mr.. Baldwin for a copy OF the petition
and Of such afidavits as he might desire
to use and at that time was told by the
attorney for the railroad company that
they would not use affidavits, as they de-
sired to have oral testimony taken and
that he had therefore only taken time to
notify witnesses and had taken no am
davits in support Of the contention OF the
respondents.
Munger's Time Taken Up.
Judge Munger said that it would be i'm
possible for him to hear the case directly
until after the close Of the November term
of court, but Judge MCPHERSON said that he
could possibly hear it at this time, as he
had but little to occupy his line The
respondents did not follow up the sugges-
lions OF the Iowa Judge, and the result was
that after a conference Judge Munger an
nounced that the testimony would be taken
beginning at 2 in the afternoon before
Henry NJ. Warning, w. A. Messick and T.
P. Wilson in the court room where all in
terested parties could be present, and that
- 9bbh ~ NhN INV W."
he would give the matter immediate atten-
ton.
At 2 o'clock the attorneys agreed to a
postponement of the hearing until $3.50 this
morning, as witnesses could not be reached
yesterday afternoon.
In the course of the argument Mr.. Bald
win took occasion to say that the restrain
ing order had been violated in several in
t~tances, but that he did not care to have
he violaters cited for contempt until after
he court was fully advised OF the facts In
he case, as things which might appear
Nerile in ordinary circumstances woult
Ike on a darker hue when viewed in the
kht of the conditions existing at the rail
hd yards.
Mr. smyth denied that the order had beer
lolated in any particular. Both sides wert
hformed that the question was not before
he court as no one had been cited for con.
Tempt and that phase of the matter wa:
dropped.