Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1885-02-23

Mondays Proceedings.
Upon the motion pending in this
Court, three assignments are made.
| think that, SO far as the purposes of
the Court are concerned, the first and
third will be considered together, and
the second separately.
The statute reads: Quotes section
40 of the Crimes and Punishments
Act.
l think that .he general proposition
that where statute has been passed
covering or attempting to cover al!
the otfenses possible under the COM
mon law, it does SO; and | think that
this position has been taken by
the Supreme Courts of California and
Nevada. [Quotes from opinions rem
dered by these Courts. "A statutory
otfense, while not excluding the COM
mon law oftense, is substitute.
What is a conspiracy under the
statute? | don't think the counsel on
either side differ as to the general de-
Gnition Of conspiracy. Reads legal
definition. What is a conspiracy in
furious to trade or commerce? The
word trade has an enlarged meaning,
when used in the Statutes. In this
case it may be held to mean business
- the business of the people of Altu.
ras county. This, then, is the allega
ton of the complalnt-in substance.
J This is an oilense punishable under
our laws. That the stopping of work
; on the mines is an in Jury to business
cannot be denied. And this without
blaming any individual or individuals.
Any prolonged stoppage of the mines
would drive people away, destroy our
towns, and soon make of Wood River
e what it was IA few years ago, to-wit: a
bowling wilderness. That it is an Of
tense think that counsel will not at.
! tempt to dispute.
: If there is country in the world
e where labor is protected it is in the
United States and especially i'll Idaho
: So far as the alleged overt acts are
n concerned, it is not necessary to prove
o any to establish conspiracy, which i.
!. a combination of two or more persons
to commit an unlawful act. Overt act
are no part of the otfense. Quote
legal authorities.
II ! am of the OPTION that the first two
a pages of this complaint might have
g been stricken out, and still leave
" good. The complaint charges read
j. the charges, II men with commission
g of this act. 1t does not accuse I'll
Miners Union. 1t is therefore not
party, and not to be considered. S
far as the Union is concerned, the frs
ID two pages Of this complaint might a
well have been omitted.
Now comes the question, has cor
II spiracy been established against thes
II men ? One has been discharged
From the testimony think it is prett
n we'll established that, although thcs
- men may not have acted by concer
'V' there was concert on the part of SON
H. parties, and these parties may hay
o. been portion. | can't explain II
Nv notices and other circumstantial CIV
Of dence except on the presumption TIL
:, some men, some parties, did act col
So certedly. No reasonable man can b
Sc lieve that any or each of these defen
ng ants was operating alone. And
think the evidence establishes the ia
that certain men did conspire to stt
the work on those mines. There is IA
he other matter not advanced by eth
side, but which the Court is in du
bound to consider. 1t is my du;
'h' under Section lGO Of the Grimm
Practice Act, if there is any reason
30 BILE cause to believe shat any offer
on. has been committed, to hold the pa
. ties charged Herewith.
1t was shown here that Mr.. Hort
and four other parties were violcn
md taken possession of and removed, 6
gal force and arms" from Broadford. TT
70. was an offense-and much more
49, rious otfense than is charged in
'y- complaint. Reads the Statute
raise lihpTlSo'iiiie'iI. An"V was "
test OF false imprisonment. Leaving as
the allegations of conspiracy, there
,,a ground to believe that that otfense
been committed. And it is my d
'.'' to hold them to appear before
the grand jury. 1t remains to asccrt
who were engaged in this false
prisonment, aside from the charge
conspiracy.
AS to some of the defendants h
and | don't believe the evidence wo
hid warrant me in holding them; the {
cut. ers must hold.
and Now, to consider the second CO
,w's or ground of the motion. Have
len of the defendants been connected ,
.ble. the conspiracy?
ferer Recess until half-past II.
10Th. AFTERNOON PROCEEDINGS.
1t At half-past II this afternoon
egu- argument on the main question
lures alleged conspiracy and which of
uces defendants are guilty Of consprac
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