Mr. Erwin said that Attorney Walker had drawn the bill up hastily, and it was signed only by himself and the district attorney, who verified it merely by belief. He urged that the court should not add the information by continuing the consideration of the imperfectly drawn and inadequate bill. The court should not be a detective to ferret out the alleged truths of certain charges the evidence of which should have been collected by the government officers before a rule against the defendants was issued.
Mr. Bancroft for the Santa Fe followed Mr. Erwin. He vigorously defended the information filed, and proceeded to color the telegrams admitted by the defendants, to suit the purposes of the government.
After a legal tilt between the counsel on both sides, Judge Wood overruled the motion of defendant's counsel to quash the information, and postponed the case until September 5.
In conclusion he said that from what he had heard, he thought it necessary for the court to have its hand on the matter. It was evident, he said, that the defense intended to attempt to put forward a quantity of irrelevant matter as to the allegations regarding a combination on the part of the railroads. He said that while it was irrelevant he would hear it as a matter of curiosity and for public disclosure.
The above synopsis of the proceedings of the trial, will give a fair idea of the course the government—on behalf of the railroads—pursued in conducting the prosecution of the officers of the American Railway Union.
After a conference with their counsel—although opposed to it on principle—the officers of the American Railway Union decided to give bail.
This decision was due to the fact that matters of an important nature demanded their immediate attention. They were placed under $7,000 bonds each, signed by Wm. Skakel and Wm. Fitzgerald, these gentlemen qualifying to the extent of $50,000 and $250,000 respectively.
For the time being the officers of the American Railway Union were free men.