Evening public ledger. [volume] (Philadelphia [Pa.]) 1914-1942, 1922-09-12
WlLKERSl)N HEARS
CONSPIRACY PLEA
Modific alton Of Order Restrain
in gShopmen Rests Till
Que stion Is Decided
COURT RULINGS RENDERED


Chicago, Sept. 12.--Judge James IL.
Wilkerson today deferred hearing on
the motion of attorneys for the rail
strike leaders for modification of the
temporary restraining order pending
completion of the Government effort
10 show that the dominant purpose Of
the alleged conspiracy is the destruc-
tion of interstate commerce.
Citing Supreme Court decisions in
thc Coronado coal case. retail lumber
dealers case and the Patton cotton
corner prosecution. Judge Wilkersou
said the question raised by the Gov
ernment's allegation was n vital one
and should be settled before the request
for modification of the present order can
be acted on.
Calls Statement Criminal
Donald r. Rirhberg, attorney for Il.
NJ. jewell and John Scott. strike leader.
! interrupted the hearing TO demand Of
the Government attorneys whether a
ST ement which he branded "criminal'y
libelous' printed in morning papers as
coming from Attorney General lDaugh-
ertys Office had been given out by Mr..
Daugherty or his associates.
The statement was n resume Of the
list of murders and other crimes growing
OUT Oh tne StIlhc' T'uu III ''"'' H'"''i
day.
Judge Wilkerson said he had not seen
the statement. but would read the copy
produced from the Chicago Tribune by
Mr.. Richberg and pass oil II later. The
strikers attorney said the statement
: "libclCuSly' attributed to his clients
acts of which they had no knowledge
BlaGiburne Esterlinc, assistant to
the Solicitor General. resumed the pre-
sentation of the Government evidence
in support Of the bill for temporary
with the reading of affdavits and re-
ports covering interference with fruit
shipments from the State of Washing
ton and figures on accidents due to
faulty railroad equipment. Th" report
showed that of GI .92G locomotives on
railroads reporting 1905 were out OF
service during the entire month Of
July. while As .S35 were reported for
| inspection and repairs.
! Bad. Order Reports Put In
/ Reports of the Interstate Commerce
/ Commission were presented showing
"badl order" freight ears and locomO
tivcs or July l and ID und August
I and 10. On July / 80. .5S3 Of ths
! courtrys 2.3Ol $40 freight cars re-
quired repairs. Of 14.3 per cent Of the
| total. The percentage ln'rciseh 70 l''
on July 10. and reached 15.3 per cent
on August l. 1t fell TO las per cent
fifteen days later.
! The locomotive reports showed 13.
I S9G of the IL. 4.516 engines in need oI
repaid July l, or 22.5 pei cent of the
/ total number. July II the bad order
/ list reached 24.1 per cont. 2S.5 pei
cent on August l and 3O.3 per cent on
August 10.
! Mr.. Esteriine read IN affidavit from
! the wife Of Chicago railroad man
/ who went out on strike, but later re.
turned to work when the grocer cut of
! the family's credit She told Of an at
! tack BY three strikers who struck and
cursed her. searched her house In an
effort to find her husband, whom they
called scab.
! Mr.. Richbsrg made general objec-
| ton TO all such afidavits to be pro-
duced by the Government on the ground
/ that secondary evidence of that type is
not competent.
The Assistant Attorney General read
affidavits from non union men employed
/ In Chicago rail shops, telling Of at
: tacks and threats by strikers and strike
pickcts. and interference by mob ol
men who claimed to be strikers with
! the repairmen sent to work on bad or
! der cars in interstate traffic