The Washington herald., 1912-02-09
MITCHELL SCORES
In LEGAL DUEL
Federation Vice President Strong
Witness in Contempt
Case. g

Branding the indiscriminate granting
Of injunctions preventing working people
from making honest efforts to secure
fair treatment at the hands Of their en-
ployers as an abridgment Of the right
OF citizens, which has done more than
anything else to shake the confidence OF
the people in the integrity Of the courts,
John Mitchell. vice president OF the
American Federation Of Labor. yesterday
afternoon went upon the witness stand
in the contempt of court proceedings
held before Justice Wright.
When witness made this statement he
spoke in an even. calm voice, looking
straight ahead OF him at Justice Wright
There was absolute silence in the court
room, every ear and neck being strained
10 hear and see the man who is sentenced
10 serve nine months in prison in con-
nection with Samuel Gompers, president
Of the American Federation Of Labor.
and Frank Morrison, the secretary, both
OF whom sat with their counsel, intensely
intesested in Mr.. Mitchel's testimony.
Asks Jury Trial.
Witness was apparently greatly affected
when he stated TO the court that no
American citizen should be sentenced TO
prison except by a Judge after his case
had been heard by a jury of his coun-
tryment. mo citizen should be deprived
OF the rights which are guaranteed him
by the Constitution SCid Mr.. Mitchell
mot even the meanest criminal, the
monster who killed his mother he who
assails the purity and chastity of your
daughter, is denied the right TO have his
case tried by a jury. This right is de-
MED us for no other crime than to fight
for the right OF freedom Of speech and
press and the amelioration OF the work
ing people,
Mr.. Mitchell said tnat the sentence
passed upon the defenaanIs was unJustI-
fed by any act which may have been
committed by them. He said that he
never said or wrote anything in the
Buck Stove and Range Company case
having for its purpose to boycott that
firm or preaching boycott against 1t. lie
said that his understanding OF the in
junction had been that they were en-
Joined and restrained from speaking to
the employees of the company as a means
TO further boycott.
Witness denied having signed the
Urgent appear sent out from headquar-
tiers Of the american Federation OF Labor;
he said he had nothing 10 do with It,
and that he had nothing to do with the
editorials in the case which may have
been published in the Federationist or
any other paper.
As TO Mine Convention.
Speaking of the United Mine Workers. |
over whose annual meeting in Indianapo- |
lis he is said to have presided when the
resolution was passed in regard TO the
Bucks stove affair, Mr.. Mitchell did not
deny that he may have been in the chair. |
but had no recollection Of it or OF the |
contents Of the resolution. He said he |
had been seriously ill prior to the conven- |
tiOn; that he was still very weak, and !
that the question of making a contract |
with coal operators for 100000 miners was |
uppermOst in his mind At the time, rele- |
eating almost every other question TO the /
rear.
Being cross-examined by Attorney |
Davenport, Of counsel for the committee /
of prosecutors, as TO whether witness
said at a meeting of the Civic Fedora
tion, Of which he was member, that he /
would not obey an injunction Of a court /
if he thought that it was depriving peo-
pie OF their constitutional rights, quail
fying the statement by saying that his
course would be in the interest OF the
people and to uphold the law. Mr.. Mitch
ell said he might have made the state
Inent although not remembering II. At
torney Alton B. Parker, for the defense,
objected 10 the introduction Of any
speech which witness may have made
prior to the issuing OF the injunction as
being irrelevant and immaterial. Justice
Wright overruled the objection on the
ground that the mind Of the witness had
been made up on a question similar to
that at issue.
1t was the general impression when
court adjourned until this morning that
Mr.. Mitchell proved a strong witness for
himself and the defense.
Gompers Also Effective.
Samuel Gompers vacated the witness
stand with the words, Il shall defend
free press and free speech as long as
there is a breath of life in me- The
president of the American Federation of
Labor was almost militant at times in
resentment of the merciless crosS-ex-
animation by Attorney J. ]. Darlington
for the prosecutors, but was always
careful and deliberate in his answers,
giving the official stenographer plenty of
time to get him straight" Mr.. Gompers
reiterated throughout the hearing that
he merely contended for the freedom of
speech and the liberty of the press. He
repeatedly took the position that he did
not regard "a statement OF fact relative
tc the dispute in question as a violation
of the injunction.