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46 THE COAL TRADE BULLETIN.
"Local Union No. 1370," to which most of these
defendants belong.
On or about April 1, 1904, the company, through
its general superintendent, W. S. Nearing, reduced
the scale of wages that it had been paying. The
employes among whom were most of these defendants,
refused to work at the scale of wages
offered, and the result was a general strike which
practical y continued to tne filing of the bill. I'hey
refused to work at the reduced price offered, and
the company refused to increase the offer.
On the 21st of January last, the company had in
its employ Chas. Hawthorne, David Ogden, Otto
Jurrs, Tom Withey and Frank Murphy. On their
way from work, about 6.30 o'clock in the evening
they found twenty to twenty-five men at a bridge
they had to cross in Hamilton township. Tioga
county. Pennsylvania. Six of tnese men had drawn
revolvers; Ogden was struck several times with an
ax they took from him, knocked down and other­
wise
GRIEVIOUSLY MALTREATED.
Frank Murphy was also struck. They were all
asked to swear that tney would not work any more
for the company. The persons identified who took
part in their assault are the defendants, Robert
Glover and Pat Moriarity; they each pointed a
revolver at these men. They are both strikers
and belong to the union at Morris Run. Their
assault was unprovoked and brutal in the extreme.
On the 14th of March last, Marion Vermilyea,
Thadeus Spencer, Addison Spencer and Clarence
Spencer applied for and obtained work from the
company. On their way home they met a crowd
of twenty or twenty-hve men about a quarter of
a mile from Morris Run village, who inquired if
they were going to work for the company, and,
on being informed that they were, these men set
upon and assaulted them most cruelly. Thadeus
Spencer was knocked unconscious. They were
threatened with death if they came back to work.
The persons who were identified who were present
and took part in this assault are John Parsell,
George Somers, Wm. Waddell, David Sterling and
Thomas Naylor. These men are all members of
the union and all defendants except Thomas Naylor,
and he was served by the sheriff with a copy
of the bill and injunction and was in court during
the hearing.
On the 15th and 16th of March last, Malcolm Mc-
Dougall. assistant superintendent of the company
plaintiff, and on its behalf, arranged to bring
about sixty men from Bernice to Morris Run to
work for the said company in the mines. He
agreed to pay tlieir fare to Morris Run and the expense
of moving their household effects and 82
cents per gross ton. There was no evidence to
show that the strikers knew the terms on which
these men came there to work. They arrived in
Morris Run on Friday morning, the 17th day of
March, in company witn E. B. Dorsett, sheriff of
the county. He boarded the train at Tioga, about
twenty miles from Morris Run, and rode with
them to that place. He stayed there all day Friday
and until the middle of the afternoon on Saturday,
and returned on Monday morning about
6.30 or 7 o'clock and stayed there until the end of
the week. He returned on Tuesday of the following
week and stayed that week. When the train
arrived there were 150 to 200 persons
INCLUDING WOMEN AND CHILDREN,
among whom were several of these defendants,
on the street and in tne vicinity of the depot. On
the morning of the 20th. when the Bernice people
went to work there were twenty to fifty strikers
on the street near where they met before they
started for the mines. At other times the strikers,
among whom were a number of these defendants,
mingled with them on the streets and talked with
them. We notice these instances because it was
strenuously urged by the plaintiff's counsel that
the presence of the strikers on these and other
occasions was an intimidation and unlawful, although
nothing of an unfriendly or hostile nature
was said or done.
After careful consideration of the evidence
we find that, excepting the two instances already
given, and the defendants mentioned in connection
therewith, the plaintiff has failed to sustain any
of the material allegations of the bill. With these
exceptions the strikers were quiet, peaceable and
orderly and showed no hostility towaro the workmen.
This conclusion is abundantly justified by
the evidence. They have not conspired in any
illegal design against the company plaintiff.
I a ) They have not met, followed and surrounded
on public highways employes of the plaintiff
conipany, who desired to remain in its emp'oyment,
and by threats of personal harm and injury and
angry words and violent and abusive conduct and
gestures, and by assaults, attempted to prevent,
intimidate and debar and have succeeded in intimidating
and ther-by deterring certain employes
from remaining in the employment of the said compa~y
plaintiff.
(b) They have not caused certain of their associates,
agents and servants to watch and picket
the railroad stations and the public highways and
intercept workmen on their way to the plaintiff
company's works who were contemplating accepting
employment under it, and have not thereby
and by means of
THREATS AND INTIMIDATIONS
prevented certain of such persons from entering
the employment of said plaintiff company.
(c) They have not, neither have their asso­
ciates, congregated about the house and places of
abode of certain employes and workmen and eonspired
together in that way and by means of
threats of personal violence and intimidation and