The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1875-08-06
CLEARFlEhD RIOT CASES.
Charge of Judge 0rvis.
CHARGE OF THE COURT.

Ralph Parks, ct. all field county.
CHARGE OF THE COURT.
GENTLEMEN OF THE JURY. This is an
indictment presented by the Grand Jury OF
this county against lilty-two persons named
in the Indictment, charging them in the first
count with riot and in The second and third
counts with conspiracy, TO increase the price
of wages for mining coal from fifty to sixty
cents per ton, by means Of threats, intimi-
dations and violence directed towards other
persons who were willing to work in the
mines at the former prices. a continuance
was granted to two Of the defendants by the
Court n ao7e prose9od was entered by the
| Commonwealth as to six others and twelve
others failed to appear. The remaining
thirIy-two defendants appeared and severally
pleaded not guilty. You have been sworn to
try the issue thus joined between the Com
monwealth and these thirty-two defendants.
A riot is a tumultuous disturbance of the
public peace by three persons or more, as
sembling together of their own authority
with an intent mutually to assist one anoth-
er against any one who shall oppose them
in the execution of some private object, and
afterwards executing the same in violent
and turbulent manner, to the terror of the
| people, whether the act intended is lawful or
unlawful, 1t requires three persons at least
TO be engaged to constitute riot. Where
there are less chan that Number their ohcnse
| hn al of tfrnNr nt,1 hnit ,,,,
some other ollense, but cannot amount to a
riot. All persons acting in concert and pres
ent aiding and abetting when riot occurs,
are guilty as principals. 1t is not what one
individual does, but what is done by all that
constitutes the riot. And every person pres
cnt taking part, or aiding and abctting those
who take an Gctiye part are guilty Of what
all did. Persons who happened to be there
by accident or Were drawn there by idle Gu
riosity, but took no part with Che rioters by
act or word cannot be held responsible for
the riot. The Commonwealth alleges that
these defendants, together with others to the
number of several hundred, were guilty of a
riot at Goss Run, this county, on the 1lth of
4fIpf II wa lllIu tlIS CNIttlICC tIlul
on the 1lth of May at Goss Run, three or
more persons assembled and proceeded to
carry out their object in riotous, tumultu-
Gus and violent manner to such an extent
as to put the persons who came there to work
in fear, the parties thus acting would be
guilty of a riot, and if any or all of these
defendants were present taking an active
part with the rioters or for the purpose Of
aiding or abetting them, they should be con-
victed under the first count of this indict-
meDt Only such of the defendants as W ere
present on that occasion can be convicted of
Il riot, whatever you may find as to tn cir
guilt or innocence of the other charge Of the
indictment.
AS we have air ady stated, this Indictment
contains two counts for conspiracy. These
counts ell lrge substantially the same otfense,
merely varying in the maoner of stating the
circumstances. Conspiracy is where two or
more persons agree or combine together,
and to carry out an Unlawful purpose, or to
carry out an iOdintrent, or lawful purpose
by unlawful means. 1t would be impossible
for us to detail to you all of the various COM
binations which have been heretofore held
to amount to conspiracy, Ali combinations
to do Unlawful acts, or to do acts otherwise
lawful by unlawful means are held to be in
dictable as conspiiacics. Othet acts, which
when done by an individual, are perfectly
lawful, when done by combination of two
or more, become unlawful. The law upon
this subject is so we'll laid down by the pres
ent Chief Justice of the Supreme court of
this State, in the case of the Morris Run
Coal Company VS.. The Barclay Coal Compa-
ny, Is p. +. Smith, l73, that We will read TO
you portion of his opinion This was an
action of debt brought by the plaintiff
against the defendant upon an accepted
draft. The defense was that the draft had
been given in pursuance of Il combination
or agreement between five coal companies,
the purpose of which was to regulate the
price of coal, which combination WAS al :
legged to be illegal and the draft, therefore,
without legal consideration.
Judge Asnew says: "rhe effects produced
on public interests lead to the consideration
of another feature of great weight in deter
mining the illegality of the contract, to-wit:
the combination rcs0rted to by these five
companies. Singly each might have sus-
pended deliveries and sales of coal to suit i.s
own interests, and might have raised the
price even though this might have been det-
rimental to the public interest, There is a
certain freedom which must be allowed to
every one in the management of his own af-
fairs. When competition is left flee, indi'
vidual error or folly will generally find 4
correction in the conduct of others, But
here is a combination Of all these companies
operating in the Blossburg aud Barclay mi.
ming regions and controlling their entire
productions. They have combined together
{ to govern the supply and the price Of Goa
in all The Makes from the H.dSou to the
t Mississippi rivers, aud from Pennsylvania t.
the lakes. This combination has a powe
in its confederated form which no jadi,
yidual action can confer. The public inter
est must succumb to it, for it has left NJ
competition free to correct its baleful inAu
ence When the supply of coal is suspend
ed, the demand for it becomes importunat(
and prices must rise, or if the supply goe
forward, the price fixed by the confederate
must accompany it, The domestic hearth
the furnace of the iron master, and th
fires of the manufacturer, all feel the re
strant, while mauy dependent hands ar
paralized and huugly mouths are stinted
The influence of lack of supply Or a ris
in the price of an article of such prime ne
cessity, cannot be measured, 1t permeate
the entire mass of community, and leave
few of its members untouched by its wither
| ing blight Such combination is more thai