Union County courier. [volume] (Elk Point, Union County, D.T. [S.D.]) 187?-1913, 1886-10-13
JUDGE GARY's DECISION.
Reasons for Refusing to Grant the
arcllists New Trial.

Reasons for Refusing to Grant the An
arclAists New Trial.
The Court began by saying that the case was
so voluminous that it was impossible within
reasonable lunts, 10 give synopsis. He did
not understand that either upon the trial or the
argument on the motion had the defense at
tempted to deny That the defendants, except
Neebe. were combined for some purpose The
object of that combination had been debated by
the counsel. 1t was important to know what
that fact was, whether II was merely to encour-
age ths.workin yInen to resist unlawful attacks.
or whether it was something else. There WAS
spoken and written as 20 the object OF the COM
bination while tho events ere occurring. He
would the refere read from the files OF the Alarm
and Arboitcr-Zeitttpg what the defendants the n
selyss have said, beginning as far back as Jan.
u.s. 1885.
The court then read at length from the files Of
the papers In question, CHOOSING sach articles
MS would throw the clearest light upon the pur-
poses OF the defendants. He then said
A'The papers ana speeches furnish an answer
to the argument of the counsel that what they
proposed was simply that they should arm
themselves, SO as to res;s. any unlawful at
tacks which the police or the militia might
make upon them
@Now, there can be no claim that this was a
lawful object There can be no claim but that
the force which would extend in the
rying out OF that object to taking human life is
murder 1t is impossible to argue that any set
of men have right to dictate to other men
whether they sh III work or not for particular
individual, and If they choose TO work in def
aEca Of that dictation to drive them off by force
and ii the Police undertake to prevent the use
OF that force then they have the right to kill the
police. 1t is impossible to contend for any such
He reviewed mt length the connection OF Neebe
with the conspiracy, and clearly showed that he
was associated generally with it in encouraging
the movement which had for its object the de-
struction Of the Government.
Upon the question whether the defendants or
any OF them did anticipate or expect the throw
ing OF the bomb. he said that it was question
not necessary To consider, because the instruc-
lions to the jury did not 60 upon that ground,
but upon the ground that they had generally by
speech and print advised a large class to COM
NIT murder, and had left the occasion, time,
and place to the individual will, whim and
caprice of the individuals SO advised and that
in consequence Of that advice and in pursuance
of it and Influenced bv 1t somebody not known
did throw the bomb The crime was nothing
less than murder, and manslaughter was not to
be considered II verdicts were to be set aside
for the cause urged, it was sure way to bring
about anarchy, since there would be no way to
maintain government and admin ster law.
The Court closed by saying: Think that no
case OF such magnitude could be tried with less
in the way of irregularity of proceeding in the
trial than in this case and the motion must be
overrulei.,
An impressive hush fen upon the courtroom,
and Captain Black stepped forward and in a
subdued tone stated that the defense wished TO
except, and asked that sentence be delayed I'M
til a bill OF exceptions could be prepared and
weeks The court replied that he was of the
opinion that the business OF the trial ought to
be settled up. He would therefore pronounce
sentence ut once. but would grant a delay OF
three weeks after Nov. II, the time fxed by the
statute for the execution, thus fixing the date at
Dec. 3. Captain Black then gave notice of an
exception by the defense.
During these proceedings the audience had
maintained a Breathe IS silence Upon this ad-
journinent of court everybody began to discuss
the situation and comment exctedly. The at
pnd In en- ON cit har siI la
pected the everything, as did the spectators, and
the decision OF the Court was quietly received.
The prisoners maintained their usual compos-
ure. Gen. Parsons said: Dec. 81 A Friday
hangman's day! The day our Lord Jesus Christ
died to save the world He may die again and
the world be saved again.
Prisoners at the bar spoke Judge Gary,
tractel proceedings it is my duty to speak
to you, and call upon you individually
and separately now to ask whether you have
anything to say why sentence should not be
passed upon you according to the verdict Of the
jury. will FIRST call upon Mr.. Neebe.s