Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-07
IN SHAKESPEAREAN SENSE
President of A. F. L. Cross.Exam.
ined by MIR. Darlington.
DEADLY PARALLEL" IS USED
Witness Says he Believes if Court
Transcends Authority Citizen
Need Not Obey It.


Equity Court No. 2. where he, with Frank
Morrison and John Mitchell, is being
tried for contempt, said that when he
wrote Go to with your Injunction
he had used the expression in the Shake
spearean sense and not in a profane one
II like Shakespeare and had in mind
some Of his expressions when I wrote
that" said Mr.. Gompers, ''such as
'Avaunt.' Go to with thy prattle.' 1t
was in the Shakespearean sense that l
used 1t and I meant no disrespect of this
court or its decree. I meant go to,
wait or stop with your Injunction"
The deadly parallel played an i'm
portant part in the cross-ex animation of
Mr.. Gompers. Attorney ]. ]. Darlington,
one Of the committee of prosecutors, con-
Quoted the cross-examination.
He cited various statements in the
urgent appeal in editorials by Com
pers and in alleged speeches and reports
made by the witness to the American
Federation Of Labor, and requested Mr.
Gompers to explain how he reconciled the
statements with the testimony given yes
terday in which the president of the labor
union declared the boycott of the Buck 8
Stove and Range Company ceased De-
cember %, 1907, when the injunction of
Justice Gould became operative.
Asked as to Speech.
An explanation was also sought from
the witness Of the meaning Of the alleged
statement by him in a speech made in
this city in November. 1908, that he had
said and done the things with which he
was charged in the petition on which the
contempt proceedings was based In that
speech Mr.. Darlington pointed out the
witness said: ''We have been called upon
to show cause why we should not be sent
to Jail and 1 could not show cause. The
things that I have been charged with l
did. I have not denied them
Mr.. Gompers insisted throughout the
examination that he obeyed the injunc-
ton, but admitted that when he con-
sidered a court had transcribed it's
authority and abridged the constitutional
right of free speech and a free press he
thought the citizen was not obliged to
obey the order of the court. This posi-
ton, he said, he had taken and acted
upOn.r
II obeyed the Injunction" said the wit
ness, "but when it interfered with free
speech and free press I stood on my
constitutional rights"
Proceeding. Mr.. Gompers explained he
had acted In defense of principle and
what he considered the rights of citizen
ship, but with no intention of violating
or showing disrespect to the courts Or
der.
Believes in Constitution.
In answer to a query of Mr.. Darlington
If witness was a believer in and sup
porter of the Constitution, Mr. Gompers
stated he Is firm believer. In response
to a question as to the provision of that
document concerning the persons en-
powered to decide constitutional questions,
Mr.. Gompers declared the United States
Supreme Court was the only tribunal
created by the Constitution. Congress.
he admitted, Is authorized to create lower
courts. but these latter, the witness re-
ferred to as creatures of Congress" and
said when these tribunals attempt to
abridge free speech, the citizen convinced
of that violation. especially when fortified
by advice of counsel. is at liberty to dis
regard any prohibtive order emanating
from such court.
Several times during the examination
the witness complained that Mr.. Darling
ton talked too rapidly for him to COM
prehend the full import of the query, and
once when the attorney attempted to
correct a question by reframing it Mr..
Gompers appealed to the court, saying
that yesterday during his testimony Mr..
Darlington had insisted that slips of ex-
preston made by witness should stand
rected answer
Mr.. Darlington made the point that he
was not giving testimony.
Explains His Meaning.
The cross examination of Mr. Gompers
was begun by Mr.. Darlington by calling
his attention to the statement in one of
his editorials which contained the ex-
preston go to h with your injunc-
tions' He asked the witness If he had
ever attempted to deny, explain or ex-
culpate himself from intending the usual
Interpretation of the language used.
Mr.. Gompers said he had explained the
matter when he gave testimony in the
previous contempt proceedings.
His explanation was that the copy. as
H or the dash. He said he meant the
sentence to read "Go to, with your in
functions" He had in mind, he stated,
the idea of "avaunt. quit or STOP and
speare Incorporating the idea. Mr.. Com
pers called attention to the fact that he
is not accustomed to use profane Ian
guage in conversation, editorials or pub
lie addresses.
The effort Of counsel to get the witness
to say whether he had not failed to ex-
plain his meaning in the sworn answer
precipitated a clash Of counsel. Alton B.
Parker objected to the question. claiming
for the witness immunity from inquiry
into any pleadings or testimony appear
ing in the previous contempt proceedings
Mr.. Darlington. addressing the court,
called attention to the position which he
said had been taken by Mr.. Gompers in
public utterances that he was marching
with Warrington, Jefferson and Lincoln
and the procession Of heroes for the es-
tablishment of the constitutional rights
Of the people," That such a man should
seek shelter behind a provision of law
from being confronted by his sworn state
ments was something counsel said he
could not understand.
Mr.. Parker Objects.
Mr.. Parker objected to the statement of
Mr.. Darlington. accusing the cross-ex-
aminer OF making a remark for the benc-
fit of the audience. Mr.. Parker an
nounced that he would instruct the wit
ness to claim the immunity of the statue,
but Mr.. Gompers declined to accept his
counsePs advice and proceeded to show
why no attempt had been made to explain
the typographical error in his sworn an.
swer to the petition of the committee
He said he had Incorporated only the
essentials in the answer and had reserved
his defense and explanation until the
! testimony was taken. when he said he
gave the same explanation as he did to-
day.
The cross-examination was in progress
at late hour this afternoon