The Washington times., 1908-09-09
FIGHT ON BOYCOTT
RESUMED IN COURT
Continued from First Page.)


special examiner 20 take the evidence
and present u TO the court later the
case viii be long one. undoubtedly.
and / do not know that under The rules
OF this court II would sbe right TO take
up q contest"
Judge Parker made an urgent appeal
TO Justice Gould TO hear the evidence
and sit through the evidence personally.
Parker's Plea.
THE reputation Of these men is at
stake" he exclaimed, pointing 10 the
group which Gompers. Mitchell, and
Morrison had formed beside the table
used by their counsel. Their reputa-
tiOns are as good as those Of any men
in the United States. We don't want
10 nave 10 submit evidence before an
examiner. We want a chance in court" "
Up jumped Attorney Suiliyan. He.
too. wanted the court to sit on the case.
Havenport's appeal Mr. Davenport
took up the answers of the defendants
en nd again started to criticise them for
their action IT. inaugurating the boy
colt.
''The circulation OF that list was for
the purpose OF causing the injunction
10 be disobeyeC by the possibly deluded
followers OF tnese gentlemen he eX-
Claimed pointing 70 the labor leaders.
1t was rank defiance and insult 10
this court"
Mr.. Davenport then went into the
answer in detail. Despite the order of
The court 20 desist in the publication
OF the We don't patrCnize" list, n4.
said, the defendants circulated back
numbers, published before the injunc-
ton The February number of the
"Federationis.," he said, was rushed 10
press, TOO SO that II would be published
before the injunction became permanent.
Justice Interrupts Him.
Again Justice Gould interrupted Mr..
Davenport and said the question Of
jurisdiction must be settled before the
hearing could proceed. 4 think, gentle
men, in matter Of this sort, ample
opportunity should be given either side
10 present their case" he said 1T
would be a most unusual proceeding To
deny either party the right to present
testimony and each side shall be given
al the opportunity desired. Personally,
L would rather submit this case TO
special examiner az this time. I fail
10 see any great u u'gency, any reason
for undue haste here. So a special ex-
aminer will be appointed TO take testi-
mOny. The cOmplainants may have
thirty DAYS 10 present their evidence.
and the defendants the same length
of time"
May Be Examined Tomorrow.
Mr.. Davenport declared that he
wished, If possible, TO examine Mr..
Gompers, Mr.. Mitchell, and Mr.. Nor
risOn tomorrow morning. Albert Har-
per an examiner in charcery, Of 426
Fifth street. was agreed uTpon by couE-
sci and appointed by Justice Gould to
take the evidence.
Immediately after today's hearing ad-
journed, counsel got together and it was
decided to hire room in the Bond
building for the taking Of testimony.
Attorney Sullivan said today that the
defendants probably would be subpoenaed
for Friday morning, when they will be
examined by the attorneys for the Buck
Stove and Range Company.
Mr. Mitchell, in his answer. denies
absolutely that he has, since the entry
of the order, a we'll as that of the
final decree, at anv time violated either
and denies also that he has acted I'm
contempt OF the authority of the court.
or its order or action in the premises
He says that Samuel Gompers never in
dicated a course of conduct ten wears
previously which had been pu sued ia
the case by him.
Should Read All.
Respondent says that the editorials
Urgent Appeal" referred to. are only
to be understood properly by being read
in their entirety. and denies that there
has ever existed any conspiracy. OF. com
blnatlOn which resulted in any degree
IN bringing about the publication of said
editorials.
Mr.. GOmpers denies. in his answer.
shat he has at any time violated the
a ~