Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1885-02-13
CONSPIR ACY.
THE EXAMINATION OF TIE UNION
BOYS on THAT CHARGE.
The Defense Demurs Ia the Indict ment,
rcr-NitMesses to be Examined To.
Morrow, Beginning ut 10 o'clock in
the Morning.

MOTION, Beginning III ~ O'Clock IN
the Morning.
The preliminary examination of the
II members Of the Broadford Miners
Union, arrested on Charge of con
spiracv. began this morning, J. II.
Harris of Bellevue assisting District
Attorney Ruick for the prosecution,
and G. l.. Waters of Bellevue and
Angel 4 Sullivan Of HALEY appearing
for the defense.
AT the outset the defense demurred
to the complaint, on the ground main
" that it did not state facts sufficient
to constitute an oflense. 1t was made
under the ''Crimes and Punishments
Act which was quoted at length. -
REF. The complaint alleged, sub
stantially, that the Broadfold Miners
Union hal entered into conspiracy,
and that the defendants had engaged
IN carrying out that conspiracy. 1t
was not shown that these parties were
guilty Of the crlmina! intent which
was necessary to be shown, but that
the Broadford Miners Union had that
intent; The prosecution claimed that
they were prevented from working
the mines; but they don't show how;
whether by force or violence. They
claim that the conspiracy was sought
to injure trade, but they don't show
what trade. The intent and meaning
Of the complaint is to charge that these
men attempted to prevent men from
going to work in these mines. There
is no such crime laid down in the
Statute. 1t is also alleged that the
conspiracy was injurious to trade; but
It does not charge any overt acts so
injurious. These men might do an
act which might be injurious to trade,
yet they might not intend to injure
trade. This complaint does not allece
that they had injured trade; it don't
say that the mine owners were pre-
vented from shipping ore, from realiz
ing profits; from carrying on work in
their mines. What trade was it
sought to injure? Mining: 1t was
not alleged to be trade or business,
and the complaint should show how
and when it was I'M ured; that it is a
business or trade liable to be injured
The prosecution had not shown that
these men were ordered to do the acts
complained Of. I he conspiracy was
on the part Of the Miners Union
according to the complaint-not OF
the part of these defendants. The
complaint is full OF defects. Tn,
real criminals are the mining employ
ers of Wood River, who have con
spired to reduce wages to a starvation
basis. The defendants have a RICH
to combine to resist tins conspiracy
They have right to combine to keel
wages up. "Trade" means the buy
ing, selling OF exchange of Goods in
community OF state. Have these me,
! prevented such exchange or trade
If these mining companies combine
| to pay starvation wages, and me-
combine to keep up wages, the cour
should see that exact justice is mete
out.
The prosecution held that the com
, plant set forth conspiracy, aid di
not allege the means used to carry ou
that conspiracy The complaint wa
not an indictment; it set forth facts t
i be investigated by the court, to ascel
i tain whether or not an offense agains
= the laws had been committed Tn
: complaint did not aliege the Broac
G ford Miners Onion with being a
i illegal or.anlzation-did not chare
that was ii crime; it did not chare
d that the fact of combining to keep u
RS wages was a crime; that being men
'e bers Of the Union was a crime; b,
the complaint charged that the col
spiracy was for the purpose, felor
DUSTY and by force Of arms, Of proven
ID ing men from working in the mines
Ia that is a crime. That was a conspi
t. acy to accomplish an end by unawf
I'd means. The stopping of men fro
S working was not the oifense; but Z
IN means used or intended to be used
g. .. accomplish this were unlawful al
b. constituted an otfense. TO say that
1t conspiracy to prevent men from wor
u ing for any wages on any mine Is II
eS ;,,:, r;,,o 10 tbo ,paroct bocb WI