Wood River times. [volume] (Hailey, Idaho) 1882-1915, 1885-02-21

Mr.. Sullivan followed Mr.. Angel,
but merely reviewed that gentle
mans argument, emphasizing some
of the points made.
Adjourned till p. III.
EVENING SESSION.
Mr.. Harris-YOur honor, if counsel Oh
the other side wish to cite other author
tiles, wish them cited now.
The COurt-COunsel will do so.
Judge Waters quotes Abbott's Law Die
tionary, pages 24G and 269, vol. l; also,
same, I'd VOL, page 5sl. These are all.
Mr.. Harris-Your honor has an
nounccd that this was not an argument
upon the complete case. have been in
doubt as to the proper scope of this arg.l-
ment; but have concluded to consider
more particularly the points made or at
tempted to be made by the counsel.
The Court-'rhe only point now under
consideration is, whether, by the evil
dencc, there has been, or has not been, an
Illegal conspiracy; and not whether these
defendants are implicated in it, if there
has been one.
Mr.. Harris reads Section 10 of the
Grimes and Punishments Act. Now, it
must be admitted that if any conspiracy
is formed that is injurious to trade, it is
criminal conspiracy. Now, what is the
allegation in this complaint? Reads COM
plant This is Il good indictment; why?
Because, under the laws of Idaho, con-
spiracy to do an act injurious to trade is
unlawful. l did not charge that the con-
spiracy was to injure trade, because l
profess to be too good pleader. Quotes
Bishop on Criminal Law, page 227-22S.
vol. H., as to statutory crime. 1t has
been alleged that there was no statutory
offense proven. 1t is fact that silver
cannot be produced in the Minnie Moore
mine at Il profit at 81 day. Silver is like
corn. And any conspiracy to secure 81 Il
day is injurious to trade, and therefore
clearly unlawful. Local State Statutes
on conspiracy are simply embodiments of
the common law, and do not supersede it,
We charge that this conspiracy was an
act injurious to their employers, injuri-
Gus to their fellow workmen, injurious
to themselves, and injurious to trade.
Under a statute exactly us ours, work.
men may quit individually or collective
ly, of their own yolition; but when they
cOnspire to stop work, even though it
should not be by force and arms, that is
unlawful.
Now, what is a conspiracy? If the
object of conspiracy be illegal. it makes
no difference what means are employed.
therefore stand here, backed by all the
law of the land, to say that if these men
had just conspired to stop work, and to
stop others from working, and had agreed
to just walk up to men going to work
and talk to them to induce them to stop,
that would have been unlawful; but our
charge is worse than that. 1t is that they
conspred, with force and arms, to pre-
vent all men from working in those
mines. They conspired, with force and
arms, to stop men from working in those
mines. This is proved by the written no.
tees introduced here and admitted by the
defense. These notices are signed by the
President and Secretary of the Miners
Union, and authenticated by their seal
Why, what is Il conspiracy Three mel
in this room agree to go down to saloon
and take drink. That is Il conspiracy
Il lawful one, but still Il conspiracy. Every
man who joined in the effort to stop Gal
braith, or to conduct Horton and the 9th
ers from the town of Broadford, is con
spirator, even though he had never hear(
of the Union meeting. That is the law
Here it is, laid down in American Crimi
nal Law, page 1856, See. 1852 [Reads.
Also, same. Sec. 235l.
Mr.. Harris spoke for over two hours
and made an exceedingly strong argu
ment.
Recess MntR Saturday, at II o'clocl