Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1908-09-22
Judge Mcpherson Writes AttOr-
neys Pointed Letters For De
laying Hearing
SEWERS MAKES 4 REPL'
Admits That Conditions in Shops Are
Much Worse Than Railroad Com
pany Likes to Confess - General
Car Foreman Brown Te.tifies That
Police Were lax in Duty = Other
Evidences.

Judge Smith Mcpherson has not
been particularly well pleased with the
slow progress made by the Injunction
case of the Iowa Central VS.. the for
mer employees, and has written .
pointed letter on the subject to attor-
neys on both sides, which is vigorously
replied to by George w. Sewers, gem
eral counsel for the railroad company,
In letter to the Judge.
Judge McPhersons letter follows:
ssirs: l have certificate OF Mr..
Gleason, commissioner appointed to
take the evidence in the case OF Iowa
Central VS.. w. 8. Davis, ct al. !
have grown somewhat impatient In
this case because of the annoyances. /
denied the application for restraining
order for temporary Injunction, be-
lieving that the parties ought to have
a hearing, and I appointed Mr.. Gleason
as commissioner to take the evidence.
made an ex-parte order requiring
the testimony to be taken at Oskaloosa,
but the defendants, by counsel, COM
planned Of this, asserting that 1t was
hardship on defendants to compel them
to go such a distance from home.
Thereupon modified the order. requir-
ing evidence to be taken in Marshall
town. Defendants counsel applied to
me for an order requiring the defend
ants testimony to be taken in the form
OF ex-parte affldavits, asking Tor the
very thing for themselves that is gen.
orally complained Of when Gone by the
other side IN these strike cases.
"a witness, Mr.. j. J. Stcatton, has
been subpoenaed to be in attendance
before Mr. Gleason in Ms,rshalltown.
and he declines to appear, and the OBJ
lection is made that the witness was
not subpoenaed by a marshal or J
deputy marshal or deputy marshal
of the district, nor by any one especial
ly appointed. This is a very technical
objection I have today made an order
and sent the same to the clerk at Des7
Moir,es for record appointing the sher-
I'LL OIL MdESIldll SOuiilS " bieAfNS 49, '.~S
of subpoenas and other processes
II most sincerely and earnestly ask
you gentlemen to see to 1T that this
evidence Is promptly taken, so that
the court can act with reference there
to, and that I may not De compelled
to go to Des Moines ana hold court
and send for the witnesses to appear
there, which certainly will be COM
PEELED to do If the commissioner Is
thwarted in his efforts to take this evil
dence. I have made this order to take
this evidence for the accommodation
Of both sides, and it ought to be taken
in good spirit and with i'rankness, and
technicalities ought to be waived. l
hand each of you a copy OF the order
4 today send to Des Moines for rec
ord, and a duplicate to the commits
stoner as his authority. With my null
titudinous duties, and hard work, may
q not be allowed to rely upon you
gentlemen to take this evidence with
nut further complaint or criticism on
either side?
such practice is not usual In any
court, and it is especially unusual IN
United States courts, where, as gen
eral thing, lawyers attempt to get at
the merits of the case instead OF rest
ing upon technicalHies OF various
kinds.
II write this letter in all kindness
hut with earnestness. again express
the hone that there will be no further
trouble in this case, and that will not
be compelled by force Of circumstances
hrourht about by any one to make or
ders that will afterwards be COM
plained of as drastic and unfair, but
which orders, If / am compelled to
make them, will be made necessary by
the situation and the conduct of the
parties.
yours truly,
SMITH MCPHERSON, Judge"