Evening star., 1922-09-11

Only Charge Is by Inference.
The bill does not, except inferen-
TALLY and by indlrection. aver that tne
defendants have combined to use On-
lawful means. the attorney said Ihe
government, petition read. he said, In
pursuance OF such unlawful combina-
ton" whereas the defense CONTENDS
the combination described 10 entirely
lawful. II the bill is changed to read
as the strikers contend II snouiu
unlawful combination" then. Mr
Richberg said, there is no conspiracy
charge left and the defendants are
only charged, as individuals, WITH
certain unlawful acts.
When court recessed at 1880
o'clock until PM, Mr.. Richoerg
said he could complete his argument
in another hour.
Attorney General Daugherty and
Mr.. Esterline declined to say how long
the governments answer Will lake, IL
one Is required.
Great Legal Battery.
Supported by one of the most for
midable legal batteries the govern
ment has ever thrown into one court
action. Attorney General Daugherty
set his forces in motion.
Reinforced by a great mass OF evil
Qence on All dIltkeu 3 Is PAoS W
sabotage and terrorism. the Attorney
General presented his petition to
Federal Judge James H. Wilkerson
who granted the temporary restrain
ing order September l.
Opposing the governments lawyers
and denying their charges of a wide.
spread conspiracy of vandalism to
cripple the nations transportation
machinery, was Donald r. Richberg
attorney for the striking shop crafts
against whose leaders and members
the governments action was directed
Two Carloads of Evidence.
AS opposing legal forces drew UP
for what was admittedly one of the
most far-reaching. and important
court actions of its kind ever at
TEMPTED, both sides avoided much dis
cussion of the days possibilities.
I Two carloads of evidence. tools OF
destruction. thousands OF telegrams
letters, photographs. blue prints
hooks and transcripts Of statements
of some 1900 individuals-whicht the
Attorney General and his aides hao
were closely guarded by 1eoera'
agents. Secret service operatives pro
tec,ed Mr.. Daugherty and Judge VIII
kerson.
Gathered During Two Months.
The evidence was gathered, federal
agents said, from all parts OF the
country by government operatives
during the past two months and as
sembled in a building near Judge
wilkerson's court.
In connection with charges that
there was widespread conspiracy
for violence during the strike. gov
ernment men mentioned twenty.nve
murders, the tampering with oo.ooo
railroad cars, the burning OF 1our :
teen bridges and the damaging ol
many locomotives.
DENYING the existence OF such q
conspiracy by the railway unions ano
demanding that Judge Wilkerson va
cate the injunction, Attorney Rich-
berg built up his defense on the
fsiled to make case against the
unions, that the injunction is in vio-
lation of the Clayton act and that 1t
vas obtained through misrepresenta-
ton for unlawful" motives.
Unions Against Lawlessness.
Concerning the sabotage charges,
Attorney Richberg's brief said:
"The position of the shopcrafts re-
garding vandalism, or any acts OF vio-
1ence in connection with the strike
has been repeatedly stated from time
to time since the inception of the
walkout.
"The railway unions have not only
agreed that perpetrators OF any VIC
should be harshly punished. but they
also have sought to Cooperate with
the proper authorities to prevent any
illegal acts. The union leaders have
time and again warned the member
ship against any lawlessness.'
conferred until late with John w, H
Grim, assistant attorney general;
blackburn Esterline. assistant to the
solicitor general; James A. Fowler
special assistant in antitrust prose-
cutions; oliver E. Pagan, indictment
expert and special assistant amt s,,ie to the e
and c. j. Mcclure. legal aides. and
Charles F. Clyne, United States eis-
trict attorney in Chicago.
Hundreds May Be Called.
Many government Investigators
who took part in the collection Of
evidence were on hand to testify.
it was said, might run into
the hundreds, with indications that
the hearings would last several days
The scene of today's action was
laid in the courtroom where former
Judge KeneSaw Mountain Lands i'm
posed a fine of S29,000,000 on the
Standard Oil Company and pronounc-
ed sentence upon big Bill Haywood
and other I. w. w. leaders.
None of the principalS in the gov
case were in court when
Judge Wilkerson ascended the bench.
having anticipated the
calling of the lengthy docket.
The courtroom was crowded and
dozens were standing. Department
of Justice agents were among the
first arrivals. and were scattered
the room. Outside others
patrolled the halls.
while, six floors below, a pair of ex-
perts from the radical squad scrutin-
lied every one entering at each OF