The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1922-09-13
.DAUGHERTY OFFERS
MASS OF EVIDENCE
AT STRIKE 7 RIAL
Union attorneys Object Siren
uouSIy 10 Type Of Evidence
Presented in Iniunc-
ton Case

Chicago, September 12.-With
more than 10000 affidavits charging
assaults by strikers and strike SYM
pathizers on railroad workers in
every section of the country, the
government today launched its eff.
forts to show a concerted effort hv
the striking shop crafts to interfere
with interstate traffic by driving
railroad employees from their work.
Overruling the objections of at
torneys for b. NJ. Jewell and John
Scott. the strike leaders. Federal
Judge James II. Wilkerson admitted
the affidayits in evidence, for the
time being at least. in the hearing
on the governments bill for a tenn
porary Injunction against $40 shop
crafts officials and more than $780,
900 of their followers.
The court likewise deferred for The
present argument on the defense mo-
ton of modification of the temporary
restraining order row In force He
ruled that the governments contefi-
ton that the dominant purpose of tho
alleged conspiracy is the destruction
of Interstate traffic would be a vital
factor in determining whether the
unions were entitled to any modi-
fication in the order.
Opposes Evidence
The value as evidence of the az
fdavits of persons assaulted by the
strikers and strike sympathizers or
asfidavits 81 public or railroad off
Gals claiming knowledge of such as
saults. WAS vigorously opposed by
Donald Il. Richberg of Chicago, amt
Frank Mulholland of Toledo at
torneys for MIR. Jewell and Mr.. Scott.
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 acts or
violence complained of.
A few isolated acts of violence
among 100000 men on strike are in
significant in themselves, Mr.. Rich
berg declared. "They would occur
even in an army under military dis
cipllne," he said, and an army OF
100000 would have to- have court
nartials TO deal with such cases, yet
the existence OF the army could not
be called conspiracy because of these
scattered affairs"
.AIaybe Half Truev
He characterized the governments
evidence as being maybe half true"
and denied the inference contained in
one of the prosecutions exhibits
/ that trains had ever been abandoned
in the southwestern desert by their
crews.
Mr.. Richherg also challenged the
reading of bulletins from various To-
cal strike headquarters over tbs
country, presented to the court by
J. A. Fowler. special assistant at
torney general. and pointed out that
the bulletins themselves in many
cases showed the peaceful intent OF
the strikers and their desire 10
avoid violence and cooperate with
the peace officials.
Blackburn Esterline. assistant TO
, the solicitor general. read nearly
200 of the affldavits telling Of as
saults to the court today. and am
nounced he would continue the read
ing tomorrow. Judge Wilkerson
suggested the opposing attorneys
try to reach an agreement tonight
for the Introduction of the vast ma
jority of the 10000 to $4,000 ex-
hbits in bulk.
Starting in with attacks on Santa
Fe workers In Chicago and Illinois
points, MIR. Esterline worked over
that line state by state. showing its
employees everywhere had been sub
jected to violence. From the Santa
1Te he shifted to the Southern Pa
cific and other roads operating in
the southwest and then worked
norsh along the Pacific slope. and
tomorrow VIII take up cases in the
west and northwest. Unless an
agreement is reached to shorten the
presentation of the government. he
told the Associated Press. will read
into the records reports of similar
occurrences in every state and on
every principal railroad line in tho
country.