Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-09-18
Commissioner Gleason Author
lied to Issue Bench Warrant
For j. j. Stratton
FAILS TO ANSWER SUBPOENA
Organizer Of Maohinists' Union Served
With Summons, But Defense Claims
illegally, by Reason Of Railroad's
Representative Superintendent
Hayden Cross Examined.

After lot Of sparring between At
torney Bradford and Northup. for the
defendants, and Attorney Sewers fol
the plaintiff, the hearing in the case Of
h the Iowa Central VS.. its former en-
ployes, was continued, late Thursday
afternoon, until Tuesday The loca
counsel first asked continuance Of
ten days. but finding that Attorney
Sewers was firmly opposed to this, and
that Commissioner III. w. Gleason
would ask for the appointment OF 9
different commissioner II such con.
tinuance were granted. 1t was finally
agreed to put further proceedings II
the case over rs stated. Alr. Sewers
said that he might make 1t convenient
to rest his case with the evidence now
In, in order to save time, altho he was
not then prepared to make such I
move.
Bench Warrant for Stratton.
Il IA lot Of time in the early part Of
Thursday afternoon was taken up il
/ having certified by the commissioner
Il the subpoena served by General Claims
4 James J. Stratton, special organizer
of the machinists who failed to APP
pear Thursday after having beet
served at 5 q. m. Mr.. Sewers said
q deputy United States marshal had
4 been to Marshalltown q couple Of times
/ prior to the hearing to find Stratton
4 but had failed. Stratton, while sub-
4 poenaed by the plaintiffs, Is named as
a defendant in the case, and Mr.
4 Northup said the defense expected tc
have him as a witness IL he could be
| found. Mr.. Bradford took the ground
4 that the subpoena was not binding, mol
having been served thru the proper
officer, and asserted thai: the service
4 by party to the plaintiffs cause was
\ improper, unprofessional and setting q
dangerous precedent. But Commits
Isioner Gleason certified rhe subpoena
and the request Of Attorney Sewers,
that Stratton be subjected to the serv-
\ ice of bench warrant and be held in
contempt and sent the certif1cation to
United States Circuit Judge Smith
/ MCPHERSON, at Council Bluffs. Thurs
day night. He had talked with the
judge on the long distance phone dur
| ing the day and was told that it would
not be proper for the commissioner to
tissue bench warrant or adjudge
1Stratton in contempt Of court
Hayden's Cross Examination.
| Superintendent C. S. Hayden. of the
i \ ..<,vS
the stand Thursday afternoon, being
called by the counsel for the defense
for cross examination. He said Off
cials Of the company had been maxi
ling preparations to meet the strike, and
gave the numerous dates he had been
/ in Marshalltown after the strike went
on. Attaey Bradford questioned him
with a~.ew OF demonstrating that
witness could not have seen an assault
i two blocks up Center street, as he had
testified In the morning
He said that the man assaulted was
not an employe, but had just left the
companys service sand was on his way
| up street to bank to get his check
cashed.
Asked why he had related this as
sault in connection with the strike agi-
tation he said 1t was because the case
convinced him there was no law and
order in Marshalltown. Mr.. Bradford
asked him If it was not true that IN
every instance an ex-employe had been
arrested for alleged assaults on men
lswho took the places Of strikers the ac-
cused had been discharged. Mr.. Hay
den said, "That doesn't surprise me-"
Mr.. Bradford asked questions tend
ing to bring out that one Of the COM
pany cooks had been arrested for using
q 2-foot knife threateningly and bound
over to the grand jury, and two arrest
ed for insulting women. Mr.. Hayden
disclaimed any knowledge of these in
stances.
isn't it a fact that most OF these
men here in the place Of strikers use
aliases, and has it not been admitted
on the stand by seven or eight wit
nesses?" asked Bradford.
cit is not so far as / know, and I did
not hear such testimony as you men
ton"
Mr. Hayden said there were prob
ably $50 men now employed in the
shops, and all were afraid to come out
and up town, aItho some were boarding
outside No men are compelled by the
company to stay in, butt Attorney
Bradford used a line Of questioning
apparently aimed to indicate that
men had fairly gone into physical COM
bat to get out Of the company's
grounds. Mr.. Hayden said he knew of
only one fight there, altho Bradford
referred to five. The one Hayden knew
Of he said, was when an employee be-
came unruly in the shops, and was dis
charged. He insisted on staying inside
and struck the guard, who struck him
in return in controlling him. The guard
was fined, but the ex-employe was not.
Mr.. Sewers offered in evidence
copy of a circular issued by Marshall
lodge 299 Of the International Associa-
ton OF iMachinists, dated June 2, and
signed by c. Mitchell, F .Knu.Gk
signed by c. Mitchell, F. G. Kunkei, N.
c. Miller, j. J. Pink and ]. j. STRAIT
ton, the last named being the special
organizer. The circular bore the seal
of the lodge and included in its asser-
tions the statement that the Iowa
Central shops We're we'll picketed day
and night. 1t was offered to show that
picketing was being done. A copy Of
the June issue of the Machinists'
Monthly Journal. containing from Mar
shalltown letter signed by Stratton.
to show his connection with the strike
was also offered.