Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-01
Employees Say He Ordered
Obedience to Injunction.
OBJECTION TO TESTIMONY
Prosecution Contends It Was Pre-.
cautionary Measure.
CONTINUANCE is GRANTED
Absence of Secretary Morrison
Prompts Defense to Ask for De-
lay-Gompers Not Called.

Samuel GomperS. president of the
American Federation Of Labor: John
Mitchell. vice president, and Frank
Morrison, it's secretary, began today
before Justice Wright in Equity Court
No. | to offer testimony in refutation
of the charges of contempt preferred
against them by committee of law
yers appointed by the court
The charges grew out of alleged vio-
lations by the labor men of an injunc-
tion issued by the District Supreme
Court to prevent the use of the
Bucks Stove and Range Company on
the I'VE Don't Patronize List" in the
American Federationist.
Five Witnesses employees of the Ameri-
can Federation of Labor, including the
private secretaries of both Mr.. Gompers
and Mr. Morrison, were, called to the
stand to show that Mr.. Gompers had
warned all the employees of the Fedora
ton against the distribution by sale or
ling of the January, 1903. Federation
ist. i'm which the stove company's name
appeared on the unfair" list. The en-
p,oyes were also told nothing which vio
lated the courts injunction should be dis
tributed and in case of doubt the matter
should be referred to him personally.
Objects to Evidence.
Attorney J. j. Darlington of the COM
mittee of prosecutors objected to the
testimony of the witnesses on the theory
that the evidence was self-serving on the
part of Mr. Gompers. and the in:truc-
tions, if given were made in anticipation
of trouble Justice Wright reserved the
ruling until the hearing before the full
bench, and allowed the testimony to b.
given.
ton of testimony Attorney Darlington
called to the attention of Justice Wright
that during the testimony offered ~
the prosecutors to sustain the charges
numerous exceptions had been made Dy
Attorney j. H. Ralston for the labor men
to testimony concerning alleged vic a
tions of the final decree of injunction
signed March 23, 1903.
MI. Darlington admitted that in the
order of the court appointing the COM
mittee reference was made only to all
legged violations Of the temporary in
junction of December 23, 1907. He de-
clared the charges filed with the court
alleged violations of both orders, and
that the rule to show cause called on the
respondents to answer violations of both
orders.
Attorney Ralson responded that he had
made this point at the argument before
the full bench on the question OF the
application of the statute of limitations,
and that no ruling had been made.
Justice Wright declared it had been his
view, and was shared by his associates on
the bench, that the charges OF the prose-
cutors were the basis of the contempt pro-
ceedings and that Gompers and his as
sociates must answer as to any violations
of the final decree, as well as or the
temporary order.
Delay for the Defense.
Attorney J. H. Ralston told Justice
Wright that the unexpected summoning
of Secretary Morrison to Indianapolis to
testify before the grand jury had upset
his plans for the offering of testimony.
Another important witness, he stated.
would not arrive until Monday, to which
time he asked adjournment.
Mr. Raiston objected to being required
to divulge the order of his testimony, and
declined to say whether Mr.. Gompers vii,
go on the stand.
Justice Wright ordered an adjournment
until Tuesday morning.
The prosecutors objected, inquirlng why
Mr.. Gompers could not be called to tes-
tify tomorrow, as they had arranged for
a two-day session.
Are you going to put Mr.. Gompers on
the stand?' inquired Mr.. Darlington.
cetyinp orders not to send out any
thing relating to the injunction were
Miss R. L. Guard, secretary to Mr..
Gompers; Miss Josephine L. Kelly.
secretary to Mr. Morrison: l.. A.
Sterne, file clerk of the american
Federation of Labor; E.. r. BROMLEY
and j. f. Giles.
All five declared MIR. Gompers had
assembled all the federatiOn's clerks
and talked to them of the injunction
and directed them not to distribute or
mail any Objectionable matter, and in
case of doubt to refer everything to
him personally.
Mr.. Sterne said large batch Of the
January Fedora; ~list was found by him
in storeroom when the federation
moved it's Offices. some time later. He
could not say how many copies of the
periodical were there, but said he sold
the batch for old paper and received more
than $50 for it, as would be shown, he
stated, on the books of the federation.