Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-03-11
Arguments Are Expected to Take Up
the Entire Week.
PROCEEDINGS PROVE VERY DRY
Session Occupied With Reading Of
Objections by Attorneys Of
Labor Men.

Wright and four Of his associates on
the bench of the District Supreme
Court The trial of all other causes
pending the contempt hearing, which
is expected to occupy the entire week
Chief Justice Ciabaugh announced al
the beginning OF the hearing that under
the advice OF his physician he would be
unable to sit with his associates In the
protracted hearing. The chief justice has
been indisposed for several days. and has
arranged to go to Atlantic City for a
stay Of one month in the hope Of recover
ing his health. The chief justice with
drew at the conclusion of his announce
ment, leaving Justices Wright, Anderson.
Barnard, Gould and Stafford to hear the
case.
Samuel Gompers was the only one Of
the accused men present in court this
morning. He sat beside his counsel
Alton B. Parker of New York and At
torney Jackson II. Ralston of the loca
bar. OF the committee OF prosecutors
there were present ]. ]. Darlington. Dan.
iel Davenport and Clarence r. Wilson
James NJ. Beck of New York, the fourth
member of the committee, was not pres
ent.
The arguments Gill be opened by At
torney Joseph j. Darlington, who vii
treat of the alleged contempt by Comp
ers and Morrison. The opening argu
ment Of the charge against Mitchell viii
be made by Attorney Clarence r. VII
son. Judge Parker will open for the de
fense, to be followed by Mr.. Ralston
Attorney Daniel Davenport will close fol
the prosecutors and review the entire
- S,Ho% oil trn a
leaders.
Reading Of Objections.
The morning session was taken VI
largely with the reading from the volumi
nous record Of the various objection
made by attorneys for the labor men t.
the introduction into the evidence by th'
committee Of prosecutors OF speeches ant
editorials by Gompers and Mitchell which
are alleged to contain statements In con
tempt of the courts order of Injunction
The proceedings were extremely 0Ty te
the laymen present and many OF tht
auditors left after the first hour and sur
rendered their places to others.
Mr. Ralston. at the suggestion of the
court, pointed out seriatim the various
objections and exceptions, citing the vol
ume and page of the record. The justices
took notes of the citations. reserving theii
Mr. Davenport Of the committee Of
prosecutors, frequently interrupted Mr
Ralston, calling attention to the fact tna'
in defense the labor men had read into
the record many of the various speecnes
and statements at which the objection
was now aimed. Mr.. Ralston retortee
that the prosecutors had given only eA-
tracts from the speeches 1aVoTaDie "
their contention, and the respondents nau
been obliged to offer the whole speech
showing the real intention unoeTiyihe
the whole statement.
At another time Mr.. Davenport. inter
rupting, told Mr.. Ralston that the lattel
had not studied the evidence onereo IL
defense by the labor leaders.
Il regret 1 have not your 1mae1nation'
answered Mr. Ralston, as he proceeded
with his remarks to the court.
Mr. Darlington defended the evidence
offered by the committee In proof OF ths
charges of contempt to Whlcn MI. RAJ
ston had noted exceptions. he TOOK VI
the exceptions in detail
Courtroom Packed.
Almost the entire force of the
marshars office was required to prevent
the overcrowding of the courtroom. 1hs
justices had directed the marshal to al.
low only as many spectators as couie
he accommodated with seats TO enter
the courtroom. The large chairs whlcn
usually occupy the space IN tne room
Of Equity Court NO. 1, Wnefe tile .., auu
ences are ordinarily limited in num-
her. were removed, and in their places
were arranged long benches. seatlns
four or five persons.
Some of the justices held court ior
the first half hour this morning TO sign
routine orders, and it was shortly after
1890 o'clock when the crier, rappins
for order. announced the entry OF the
iustices from their robing room ad1oln-
ing the court. Chief Justice Clabaugh
led the procession. followed by Assocl-
ate Justices Wright, Anderson. Barnard
sion Of the court in general term. Chie1
Justice Clabaugh relinquished to JUS
tice Wright. who is presiding at the
trial. the chair in the center OF the
bench Chief Justice Clabaugh sat at
the right Of the presiding justice. ano
the other members of the court took
seats to right and left, according to
seniority.
Record of Testimony Filed.
More than 1000 pages Of typewriter
Testimony was taken at the recent hear
ings before Justice Wright and this rec
ord was piled on the counsel table. Each
iustice had been furnished with copy
of the record and this may expedite in
some manner the hearing Numerous eN-
ceptions were noted by counsel Tor the
la Dor men during the preliminary taking
of testimony and most or these nave
been reserved by Justice right Tor .he
views of his associates before ne rendefs
his decision The decisions In the case
will all be made by Justice Wright. Out
of courtesy to his associates WHO sly w,tu
him in an advisory capacity he VII! let
them hear the arguments or counsei on
the questions involved and consult with
them before a ruling is made
The trial which began TO-DAY was inaue !,
necessary by a decision of the United
states Snnreme Court May Il last. which
reversed the action Of the lower trlbunai,
which had held Gompers. Mitchell and
Morrison to have contemptuously vio-
lated the injunction OF Justice douid Tor
Kidding them and other off1cers and en-
niovas of the American Federation OF
! .abnr from carrying on a boycott against
tha Rnck.s Stove and Range Company of
81 Inuis. The court intimated that the
former hearing. which resulted. Decem-
her o3. 1908, in the sentence of Justice
Wright that Gompers should serve twelve
months in jail, Mitchell nine months and
Morrison six months, had not been prop
erly instructed. The highest court de-
clared its action I'm reversing the judg-
ment Of the lower court should not pre-
CONTINUED on Second 1aEs.l