The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1922-09-13
ARGUMENT FOR
MODIFICATION
IS DEFERRED
Judge Wilkerson Admits 10000
Affidavits as Evidence for the
Time Being.
DEFENSES' ATTORNEYS
ASSAULT AFFIDAVITS
Few Isolated Acts of Violence
Among 100000 insignificant" ;"
Richberg Declares.
(5y The Associated Pr.ss,

(5y The Associated Press)
e c A G o, Sept. I2-
With more than 10000 afi-
davits charging assaults by
strikers and strike SYM
pathizers on railroad work.
erS in every section of the
country, the government to-
day launched it's endeavor
to show concerted effort
by the striking shop crafts
to interfere with interstate
traffic by driving employees
from their work.
Overruling the objections of attor-
neys for B. NJ. Jewell and John scott
the strike leaders, Federal Judre wil-
kerson admitted the affidavits in ey-
dence for the time being at least. in
the hearing in the governments bill
for . te1nporary injunction against
some 24o shop craft officials ana their
followers.
The court likewise deferred for the
present, argument on the defense mot
ion for modification of the temporary
restraining order now in force. He
ruled that governments connection
that the dominant purpose of the al
legged conspiracy is the destruction of
interstate traffic would be a vital fac
tor in determining whether the unions
were entitled to any modification in
the order, and directed the govern
ment to proceed with the evidence on
which 1t expects to prove that claim.
The value, as evidence, Of the af-
fidavits Of persons assaulted by the
strikers and strike sympathizers, or
affidavits Of public or railroad Off
cials claiming knowledge of such as
saults, was vigorously opposed by
Donald r. Richberg and Frank Null
holland, attorneys for Mr.. Jewell and
Mr.. Scott. They fought their intro
duction and entered a general objec-
ton to all Of them that the govern
ment may produce.
The affidavits. they declared, are at
the best only secondary evidence, and
they fail. they added. TO show any
connection between their clients and
the perpetrators OF the act Of violence
complained of.
A few isolated acts of violence
among 400. 900 men on strike are in
significant in themselves. Mr.. Rich
berg declared. "They would occur
even in an army under military dis
cipline," he said "and an army OF 400
900 men would have TO have courts
martial to deal with such cases. yet
the existence Of the army could nor
he called a conspiracy because OF
those scattered affairs"
He characterized the governments
evidence as being may be half true
and denied the inference contained IN
ors of the prosecutions exhibits that
+rsirs had ever been abandoned In the
desert by their crews.
aIactburn Esterline, assistant To
the solicitor general. read nearly 2eo
NJ the affidavits telling OF assaults 70
+ba court today. and announced he
-vo,,,s continue the reading tomorrow.
1rrIess an agreement is reached TO
sbortep the presentation, the govern
rnent. he told The. Associated Press.
win read into the record reports OF
similar occurrences in every state ana
on every principal railroad line in the
country.
Today's exhibits ranged from an az
f,davit Of the tar and featherins OF
, railroad employes-with photograph !
,ttached-through bonbings. snooIlhH
attempts to run down workers with
automobiles. beatlngs. threats. verbal
abuse. rock throwing and even intimi-
satiops of their wives and children.
The monotonous reading was evi-
denced occasionally by the various
forms Of torture arain~f come Of the
,trike victims. One affidavit OF r.
union man captured By men said to be
strikers. told how his captors dis
.ussed half dozen various forms Of
punishment. including placing peobles
IN his shoes and forcing him to welk
before their automobile or tying a rops
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