Evening star. [volume] (Washington, D.C.) 1854-1972, 1911-07-17
ASK BILL OF PARTICULARS
Hearing Adjourned Until Monday,
by Which Time It Will Be Filed.
Answer in Two Weeks.

| technical nature and were overruled by
Justice Wright.
| A motion to dismiss on the ground that
| the service of the order was incomplete
was sustained, but when Justice Wright
directed the marshal to serve new papers
forthwith the point was waived.
Lawyers Report Attacked.
| Next the defendants moved to dis
miss because the report of the COM
| mittee of lawyers submitted to the
| court in the case was not a proper
| one. in that the members of the COM
| mittee did not and could not exercise
| the judicial qualities required in the
order. 1t was contendsd that the
members of the committee were coun-
sci for the National Anti-Boycott As
sociation, and that the conclusion of
the Bucks Stove and Range Com
pany's case did not stop their perse-
cutiOn of these defendants, and there
fore they were not qualified to pass
judgment upon the acts of the defend
ants"
The motion was overruled, the court
holding that the members of the COM
mittee were prosecutors and not called
upon to exercise judicial functions.
Declare Judge Prejudiced.
In ruling, the court remarked that even
had the committee reported that there
were no reasonable grounds for contempt
charges, such a report would not have
been received. Gompers' attorneys at
once protested that In view Of this ex-
preston by the court they should not be
compelled to proceed, but tnat Justice
Wright should certify the case to some
other justice for trial. Justice Wright
curtly dismissed the protest with You
may proceed" An exception was noted.
The motion to strike out the names Of
Messrs. Davenport, Darlington and Beck.
as prosecutors and substitute that or the
District attorney was oVerruied In so lar
as the members of the committee were
concerned.
The court asked District Attorney
Wilson if he would be willing to have
his name added to the committee as
prosecutor, and gave him time to con-
SIder the question.
A motion for a bill Of particulars was
then filed.
May Go Over to October.
If all of the various motions by the
defendants are dismissed an answer to
the order will be filed within the next
two weeks. Should the court hold that
the answer raises a question of facts
the case will go over until October,
when all Of the members of the District
Supreme Court probably will sit with
Justice Wright as advisers. This was
announced by Justice Wright today.
Technically the defendants appeared
by counsel only today, Judge Alton B.
Parker of New York and the local firm
of Ralston. Siddons & Richardson rep
resenting them; but in reality all three
were on hand before court convened,
comforting with their lawyers and
friends. J. j. Darlington and Daniel
Davenport. members of the committee
of lawyers, appeared as prosecutors.
j. NJ Beck, the third member of the
committee is in Europe.
The hearing was adjourned until next
Monday, by which time the bill of par
| ticulars will have been filed.
Prejudice Of Lawyers.
Counsel for the labor leaders attacked
what they termed the improper action
of the lawyers in accepting the assign
ment to the investigating committee. 1t
was pointed out by both Mr.. Ralston and
Judge Parker that such a committee was
called on to exercise judicial func-
ton and should have been comprised of
three lawyers with using the Buck S
Stove and Range Company as a tool"
with which to wage the battle Of the
against united labor.
Attorney ]. ]. Darlington denied he
was ever employed to his knowledge by
the American Anti-Boycott Association.
He said he had come into the case at
the request Of Attorney James NJ. Beck.
who, he understood, was counsel for the
Bucks Stove and Range Company. He
denied any partiality in the matter.
Attorney Daniel Davenport acknowl-
edged his employment by the anti-boy-
colt concern, and said he was paid by 1t.
He declared the Manufacturers Asso-
citation had no connection with the case.
The Bucks Stove and Range Company.
he stated had paid no portion of his fee.
excent its ratable charge as a member of
the association. He said the st. Louis
concern had been in the Anti-boycOtt
Association from its inception. Mr..
Davenport said as member OF the bar
he obeyed without question the order Of
the court assigning him to the committee
Of Investigation.
Judge Did Not Know.
Justice Wright repeated the assertion
that he was not advised Of the out
side connections Of the attorneys. and
defended his designation of plaintiffs 8
counsel. saying they were acquainted
with the facts in the matter and had
made the charge that contempt had
been aimed at the dignity Of the court.
| 1t became their duty. the court said, to
make good the charge.
No Disposition to Apologize.
The American Federation officials to-
day showed no disposition to offer the
apology which the report Of the COM
mittee of lawyers suggested might end
| the proceedings. In fact. the order of
the court citing them to appear and
show cause why they should not be
punished for contempt was interpreted
| today as affording them no opportu-
nifty to apologize even had they been
/, so disposed.
| With the motion for q bill Of par
ticulars. the last of a series Of techni-
| cal moves. the defendants died afi-
davits denying certain specific charges
contained In the committees report