The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1922-09-23
Unions Score in
Injunction Fight
Mere Than One-Third of the
Evidence Ruled Out

chicago, sept. lS.-AlOfe LHdH
one-third-in volume Of the gov
ernment's evidence in its injunc-
ton suit against the striking rail
way shop crafts was ruled out to-
day when Judge James II. Will
kerson upheld the contention of the
defense that 2S3 affidauts re-
counting violence at the hands of
supposed strikers failed to show
persons making them, knew they
were to be used in court.
At one sweop attorneys for E.
A5. jewell and John Scott. strike
leaders. thus disposed of large
part of the Slightly less than 700
atfidavits on which the govern
ment based its claim of an unlaw-
full conspiracy to destroy interstate
commerce.
Among the afIidavits which the
court announced he would not con-
sider in arriving at a decision was
one by j. P. Rooney, head of the
Chicago bureau Of investigation Of
the department of justice. to which
Mr.. Rooney had attached copies OF
strike bulletins issued from the
Headquarters OF the railway en-
ployes' department., American Fed
Grafton of Labor.
The defense objection to the 2sa
exhibits was based on the grounds
that as the afIidavits did not show
the persons making them they
knew they were to be used in
court, was evidently they did not
know they We're subject to the laws
governing perjury when they
swore to the allegations.
Government attorneys tonight
were considering having at least
part OF the exhibits re-sworn that
they may be re-submitted. Black
burn Esterline, assistant solicitor
general. obtained permission from
the court to have the exhibit quail
fled if the government desires. At
torney General Daugherty is .ex-
pected to reach Chicago tomorrow
to take personal charge Of the case
again.
The defense victory followed two
defeats for the strike leaders at
torneys earlier in the day. Donald
r. Richberg, opening the defense
case, again moved that the govern
ment.s bill be dismissed, but the
court overruled this motion. He
then moved that all of the affi-
davits detailing acts of violence
be stricken out, but was again
overru1ed.
Renewing the attacks on the
exhibits. one by one. the defense
lawyer cited technical objections
against them. the court overruled
him Oh a dozen OF more. Frank
Mulholland. Of Toledo. Mr.. Rich
berg,s assistant, produced one Of
the governments aftIdavits to
! which he objected because it failed
to incorporate the necessary aver
nlent that the affiant knew it was
TO, be used in court. Judge Wilher-
i son sustained the objection and
: announced he would not consider
the exhibits when making his de-
cision although allowing it to re-
! main in the record.
Here ten Mr. MulhoIland
said. producing huge pile of pa
pers. are 2s2 more to. which we
/; object for the same reason
Sir. Esterline. Assistant Attorney
General Mclaughlin, Assistant At
:'torney General Crime and their as
sociates entered protests, but the
same ruling finally applied to the
entire lot.
F.: Mr. Richberg announced tonight
! that the attack on the govern
iment's evidence would continue to-
morrow and probably Wednesday
The temporary restraining order
nov in force against the strikers
terminals automatically Thursday.
! when the ten-day period for which
it was extended expires.