New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1885-05-21
CLOSE or JUSrUs scHWABS CASE.

TWO JURORS ovERCoME-JUDGE VAN BhuNFE
CHARGE.
Colonel Fellows had scarcely rounded the first period
of his summing up against Justus Schwab, yesterday
when II was noticed that Juror james Carr over
come glass OF water given TO him, and he was
allowed TO 20 into the open AR Tor lew moments 10
the midst of his rapid charge the chin of Juror Charles
Marness dropped upon his breast and his head sawed
fro side TO side in a faint lie was also revived by
glass OF water and few moments In the open ar. The
motley delegation of the prisoners followers gared at
Colonel Fellows as he characterized Their doctrines az
q" atrocous 4" "v vile" "bOOdhirsty.' etc. The speech
was directed mainly 20 convincing the jury that
Schwab because OF his peculiar views was disposed to
defy constituted authority and that II was, therefore,
probable that he was guilty oi melting the riot Is testi
tied to by the policemen.
Judge Van Brunt began his charge at p. IN. 1t was
In part az follows;
ment The first two charge riot and the third a mis-
demeanor in that the defendant created disturbance
In meeting lawfully assembled. The charge is e.tab-
ished If it il proven that the offender directly ad
yses encourages sOlicts other persons present
participating IN the riot assembly, TO acts Of force
violence The statute bearing upon the third count
as follows: " A person who without authority OF law
wiliully dsturbs any assembly or meeting not unlaw
full III IT, character. IL guilty OF mlsdtmeanor' The
evidence Of the prosecution has been directed to esab
fishing the graver offence have deemed Il proper,
and think Justly so, TO allow the examination A. TO
the peculiar views of Mr. schwab. II be had not been
made a witness that couldn't have been gone into.
But becoming a witness. the people mad right 10
show the CIRCUMSTANCES surrounding him. 10 determine
whether lac subject. 10 the ordinary restraints
which are necessary to induce him 10 tell the truth
The evidence shows that he has religious belief;
that he Is an atheist matcriast. Mr. Schwab said
that he was a of honor. and iclt bound by his
affirmation In order 10 meet that the people had the
right to show what hs political views werewhat were
his views uron the rights of government and upon gov
eminent generally. When Schwab comes on the stand
and testiies that he don't believe in government that
he educating the 10 the point where all gov
ernments may be subvcred that he believes that the
officers of the law the instruments Of oppression
then these things an important consideration for
You in determining whether no subject the In
huences which would him 10 tell the truth. 1t is
further claimed for the people that their testimony
to Mr. Schwabs action is supported by the presence OF
a motive which his natural feeling OF hostility to
the officers of the law, and the admission by his wit
that there two antagonstc parties present
You have right to consider these things in determm
ing the state Of Schwabs mind If you not salts
fled that he did encourage the disturbance you must
acquit him, notwithstanding his views.
Several exceptions taken by the counsel for
the defence and several requests to charge made.
Among the latter the request 10 charge that If from
the entire evidence the Jury found that the meeting
disturbed on the platform by others beside
Sch Hab without his aid advice, confederation, they
must acquit. Judge Van Brunt said that he would so
charge.
The Jury retired at 1924 p. M, and Judge Van Brunt
went home at o'clock At IL D. m. the Jury were
locked up for the night Schwabs thirty disciples who
spent the evening with him. went away aud Deputy
Sheriff TuOmey took charge OF Schwab.