Omaha daily bee., 1902-09-04
BURT WAVES PRELIMINARY
Uas. Of Alleged False imprisonment eOs'
10 District Court.
FOUR or TEN coMplAINANTs FALL OUT
Remaining six Promise 20 stay Here
for the Prosecution, which
VIII Come at October
Term of Court.

President Horace q. Burt Of the Union
Pacific Appeared in Judge Berka's police
court yesterday with his attorney, John
N. Baldwin, general counsel Of the COM
pany; Edison Rich and Charles L Dundey,
waived examination in the case against
him for alleged false imprisonment Of men
imported by the railroad from Indianapolis
to work in the local shops, gave bond for
1890 and allowed his case to go over to
the district court Tits procedure was de-
cided upon yesterday and published In The
Bee.
As only six out Of the ten men who hled
the charges against President Burt we're In
court yesterday morning the other four com
plants we're annulled and the charges dis
missed. This reduced the aggregate amount
OF bond. The men who appeared against
Mr.. Burt we're: la Farrell, Malcolm
worthington, Ed Smith, W. T. shipley,
James Sargent, Lewis Lord, apd those VIC
failed TO appear we're Lewis Gilliand, Oscar
Dewitt. W.. F. Kidd and Millar Burns.
County Attorney Shields appeared for the
Rtate. The attorneys for President Burt
submitted an urgent request that the COM
plaiping witnesses be placed under bond,
but this was resisted by the county attorney,
who held that It would be ar imposition to
compel these men, strangers, who claimed
20 have been lured away from their homes
by false pretenses and then suffered forci-
bic and unjust imprisonment at the hands
Of the Union Pacific, to give bond or, In de-
fault thereof, go to jail, which would be the
logical sequence, and remain there until
October. the earliest date Of trial Of these
cases. .-@ ~ 81
Rich and Dundey Insist.
'But these men have placed themselves
In this position" insisted Mr.. Rich and Mr..
Dundey for the defense, land they should
be compelled to put up a small bond, at
least. The charge they prefer is a serious
one"
81 will not submit to any such proceed
ings and / don't believe the court will order
It of his own volition." replied County At
torney Shields.
mo, I can't order It unless the motion
Is made by the county attorney" inter
posed Judge Berka.
The parties to the prosecution interpret
the action Of the defense in waving pre-
iiminary examination as a means OF defeat
ing the suit, on the supposition that the
complaining witnesses will lose interest in
the case or be forced for financial reasons to
return to their homes before tims TO try
the case in the district court. but they
contend that this plan will not work out
The six men who appeared yesterday ant
their counseiiors ia the matter express :
determination to carry this case through
The men have secured work and expect t.
remain until the case is finished.
W. ". Arnett, the Union Pacific employ
msnt agent who Is said to have hired these
men and who is charged Jointly In the COM
plants with President Burt, arrived In tbs
city yesterday with a squad of imported mel
from Buffalo. N. Y, and In the after
noon gave himself UP at the police station
when he learned that the officers were look
ing for hin with a warrant. Judge Berkt
admitted him to $1,000 bond and ordered
him to appear in police court Thursdal
morning at 10 o'clock. Arnett's departure
from the city last week prevented him be-
ing served with the warrant for his ares
issued at the same time the Burt warrants
were issued.