July 5, J. A. Bowles, Thos. Broderick and J. Q. Wilson were arrested on the train leaving Aurora, at 2:15 P. M., by Deputy Marshal Burchard and Superintendent McGinty of the Pinkerton Agency. A package of some substance, said to be dynamite, was taken from the rack over the seat occupied by Wilson. They were arraigned before United States Commissioner Hoyne, under section 5353, United States Statutes, which provides a penalty of $1,000 to $10,000 fine for transporting or having in possession dynamite on trains or vessels carrying passengers.
Chairman Hoge was sent for, but when he learned the gravity of the charge against the prisoners he had little comfort to give them, but promised to secure an attorney if he found on investigation that their cause was worthy. All three of the men denied ownership of the package found in the rack. Bowles came to Aurora at the beginning of the strike, and ran an engine for thirteen days. His brother finally induced him to leave the service of the company, and he was taken into the Brotherhood Division at Aurora. The Burlington officials testified that Broderick was in their employ as late as April last, two months after the strike began. Wilson was a Pinkerton detective. Thus it will be seen that the trio were Burlington and Pinkerton employes.
The company claimed that dynamite was used at Eola, West Aurora, Galesburg and Creston, to blow up and wreck trains, but that no damage was done, except to a portion of a flange on an engine wheel at Eola. In some of these cases a portion of the dynamite was found unexploded, together with parts of the wrapper. If this stuff had really been dynamite, it is impossible to conceive how part of the cartridge could have remained unexploded.
J. A. Bauereisen, Chief of the Aurora Division of B. of L. E., was arrested July 6 as an accomplice, it having been claimed that Bowles received the package from him before starting for Chicago with Wilson and Broderick.
Alexander Smith was arrested July 6. Smith is a fireman, and was charged with having handled the dynamite in connection with the explosion at Eola and West Aurora.
Attorneys Donohue and David were retained for the defense of these men.
Chairman Hoge stated that the Brotherhood did not tolerate violence of any kind, and would not come to the assistance of any member caught in the act of committing crime. The Brotherhood would look into these cases, and if satisfied that the men were victims of a conspiracy, it would aid and defend them, but if it were shown that they had explosives and meant violence, they would be left to shift for themselves. At this time Mr. Hoge was charged by the Burlington people with having issued a circular April 16, to the various divisions of the Brotherhood, advising that a large number of engineers go to work for the road, and, after disabling as many engines as possible with sal-soda and emory, to quit in a body. Mr. Hoge denies having written this circular, or of having signed it, and stated that it was a forgery, if it existed at all. However, Hoge and Chairman Murphy of the firemen were arrested July 10 for conspiracy, and held under the Merritt law in bonds of $1,500, which was furnished by W. R. Fitzgerald. The complaint alleged that the defendants issued a circular with the fraudulent or malicious intent, wrongfully and wickedly to injure the property of the Chicago, Burlington & Quincy railroad. The penalty upon conviction is five years in the penitentiary or a fine of $2,000, or both. The warrant also contained the names of John J. Kelly and J. H. McGilvery, secretaries to Hoge and Murphy, who were arrested later in the day, but not locked up. Kelly made a statement to the effect that he issued the circular at the dictation of Hoge, and that the latter signed it. It was written with hektograph ink and copied on a hektograph. Kelly also swore that he had been in the employ of Pinkerton for several months, during which time he acted as secretary to Hoge. This man belonged to the Brotherhood of Firemen, but was running a switch engine on the "Q" in Chicago, and at the time of the strike was taken into the Brotherhood of Engineers. He is a tall, slender man of twenty-seven or twenty-eight years, blonde, very natty in appearance, small brown moustache, light eyes inclined to be deep set, and a clear ringing voice, like the voice of a woman. He was considered of a giddy, frothy nature by his intimates, who were surprised at his ability to keep secret the fact that he was in the employ of Pinkerton.
George Godding, an engineer, was arrested in Aurora July 9, charged with Bauereisen in violating the United States law in handling dynamite.
George Clark, an engineer, was arrested at Galesburg July 17, charged with the same offense. During the examination of these men, Bowles, Smith, Wilson, Kelly and McGilvery appeared with the prosecution as detectives and informers.
Bauereisen was tried, and sentenced to two years imprisonment, at the last term of Kane County Court, at Geneva, Ill. He was convicted on the testimony of the informers and Pinkerton men, Bowles, Broderick, Smith and Wilson. The weight of evidence was clearly in favor of Bauereisen, but the fact that it was a Kane County jury, and that the Burlington Company was the prosecutor, settled the case against him. An appeal for a new trial is now pending.