Evening star. [volume] (Washington, D.C.) 1854-1972, 1912-02-10
RELIES ON EVIDENCE
Mitchell Asks to Be Judged by
His Testimony.
NEVER AIDED BOYCOTT
Asks Court to Believe He Has Not
Violated Injunction.
ADVISES OBEDIENCE TO LAW
But Demands Right to Contend for
Political Reforms and Changes
in Judiciary.
NEVER AIDED BOYCOTT
ADVISES OBEDIENCE TO LAW

my choice is that I shall either be
vindicated or condemned upon the evil
dence now submitted in the case" said
John Mitchell. as he ended his testi-
mony today before Justice Wright in
Equity Court No. >. Il should like the
court to believe that / have asserted
candidly and truthfully that I never
disobeyed the Injunction. and have never
aided or abetted in the boycott since
directed by the court not to do so. 1
should like the court to acquit me on
the belief of the truthfulness of my
testimony. / am disinclined to make any
statement directly or indirectly that
might be considered an acknowledge
ment that my testimony is not accurate
and that 1 would seek relief by any
other process than my evidence.
Il want every one to understand me
to advise obedience to the law and to
court orders. / want the right to con-
tend for such political reforms and
changes in judicial procedure, however,
as would secure the rights guaranteed by
the Constitution. / cannot separate the
from the guaranty of free conscience.
If a court should attempt to enjoin my
freedom of conscience, l should continue
to worship according to my conscience:
Before leaving the witness stand Mr..
Mitchell asked permission to submit in
writing, if so advised, his position on a
query put to him by the court, calling
for the intention of the witness as to
whether. he would henceforth obey the
order of the court.
Recommended to Reconsider.
AS the witness sat down after conclud-
ing his testimony Justice Wright. ad-
dressing him, said: THE court strongly
recommends that you consider again the
propriety of acquainting the court. before
the proceedings close, with your cOnvic-
tion whether you ought and whether you
expect hereafter to lend adherence to the
DEGREES of the judicial tribunals of the
land in matters committed by law to their
jurisdiction and power. You are free at
any time before the close of the proceed
ings to give expression to the court orally
OF by written communication on this
point
The witness was advised by the court
that he need make no response now, II
advised by counsel not to do SO. Judge
Parker so advised the witness and Mr..
Mitchell made his request to he allowed
to answer later in writing. IL he SO de-
termined.
In the course of his inquiry into the
present condition of mind of the witness
Justice Wright asked if after reading the
QeciSlOn OI the CulloQ states supreme
Court, which had been suggested to him
at the close of yesterdays hearing Mr..
Mitchell had reached the conviction that
1t is the duty of the citizen to obey de-
cisions of the court until such orders be
reversed by higher tribunals If such
obedience should be shown the court in
quired of Mr.. Mitchell whether or not in
his opinion a person willfully disobeying
should be punished.
Il hope the court will not require me to
a ho yx-ifu
want to be the judge of any one.''
AS to the conviction reached after read
ing the decision referred to, Mr.. Mitchell
said he found refusal by the highest
of the constitutional rights for which he
and other labor leaders contend.
Never Resorts to Evasion.
In his inquiry yesterday afternoon into
the state of mind of MI. Mitchell, Justice
Wright asked If it had occurred to Mitch
ell that the evidence may indicate that
while witness pleaded he did not violate
the injunction, the public and his fol-
lowers had not been led by his public
utterances to think he had violated the
court orders.
II think there is no doubt responded
the witness. They Chis followers do
not believe l have disobeyed the injunc-
ton. / never have recourse to evasion
and this is known to them by my rec
ord
Mr. Mitchell said he was unaware that
after the boycott was discontinued by the
A. F. of l.. the labor press of the coun-
try did publish infiammatory advertise
ments tending to incite a furtherance of
the boycott. When shown such publica-
tons, by direction of the court. he dis
claimed any knowledge of them or any
participation in them.
Mr.. Mitchell disclaimed any desire to
be accorded special privilege which he
would not allow to others, IN answer to
an inquiry by the court
In calm voice, and looking directly at
the court. Mr.. Mitchell stated that he
never thought of disobeying any laws or
inJunctions of the court; that he would
gladly grant to everybody else those
rights and privileges which he claimed
for himself under the laws of the land
and that he and his followers did not eX-
pect any special privileges
When Disobediencc Becomes Duty
When, however. the courts deprive a
citizen. or attempt to deprive him, Of
those rights and privileges which are
guaranteed him by the Constitution, ,
said Mr.. Mitchell. with slightly raised
voice, II think 1t is not only his right,
but his duty. to disobey that injunction ~
decision of the court and make every ef-
fort to keep those rights intact. And 1t
is my opinion, your honor, this court
has infringed on our rights in this re-
Spect.'
Morrison on the Stand.
Claiming that the distribution Of the
report of the Norfolk convention of the
American Federation of Labor, contain
ing matter charged to be in violation Of
the Bucks Stove Company injunction,
was made by him merely i'm the routine
of his official duties, and not i'm contempt
of court. Frank Morrison, secretary of
the American Federation of Labor took
the witness standthis morning in defense
OF the charge that he is guilty of, con-
tempt of court.
The examination had progressed but a
few minutes when Justice Wright an
nounced the hour OF adjournment had
| arrived. Owing to engagements of coun-
sci the hearing will not be continued
: until next Wednesday morning.
st. Louis Gets Mothers Congress.