The next day and the next the same announcement was repeated. We offered
to proceed in any of the several ways provided in such exigencies. The
prosecution objected. The cry “To the penitentiary” had subsided. “To
let go” was now the order of the railroads. Not another session of court
must be held, for their printed proceedings, the private property in the
strong box of each member, and full of matter that would convict them,
would have to be produced. All the proceedings of the American Railway
Union had been produced in evidence by order of the court and the court
could not refuse to command the railroad officials to produce the
proceedings of their association. These proceedings were brought in at
the closing session of the trial, but by order of the court the
defendants were forbidden to look into them, and Edwin Walker, the
government counsel, watched them with the faithful eye of a trusted
guardian.
We were not allowed to examine the proceedings of the General Managers’
Association, notwithstanding our proceedings, telegrams, letters and
other private communications had been brought into court by order of the
judge, inspected by Edwin Walker and others, and printed in the court
records for public inspection.
It was at this point that the court adjourned and the juror was taken
“ill.”
Ten years have elapsed. He is still “ill,” and we are still waiting for
the court to reconvene and the trial to proceed.