Morning journal and courier., 1886-07-10
THE CONSPIRACY CASE.


 demurrer in the case of the State vs. Benja- min F. Glidden, David T. McNamara, Thomas F. Mulcahy and J. Frederick Busche, who are charged with conspiracy against the JOURNAL. AND COURIER and cer- tain of it's employees. Judge Stoddard was on the bench shortly before 9:30 o'clock, the hour set for the hearing, and the attorneys in the case were promptly in their places. Johnson T. Platt, the senior counsel for the defendants, came into court reinforced by Talcott H. Russell. Other attorneys present were John w. filling and ex-Judge Blyden- burgh, who appeared for the State, and Hugh Daley, assistant city attorney. Later Attorney Miss Alice Jordan and another lady entered the court room and were escorted to seats by MT. Platt.
 It was plain to be seen that Mir. Platt was nettled about something, but the true cause did not appear until Judge Stoddard told the attorneys to proceed. Then MT. Platt arose and stated that he desired to call the atten- tion of the court to editorial that appeared in the COURIER that very morning, which he said was apparently attempt to influence the jury in the trial of this case. He said he felt it his duty to read the article to his honor
 Judge Stoddard cut short MT. Plstt's re- marks by saying that he did not know what this had to do with the demurrer, and again told the attorneys to proceed with their ar guments.
 Mr. Platt promptly took his seat and Tal- colt H. Russell commenced his argument on the demurrer. He said that he had but re- gently been called into the case and had had but little time to prepare himself for argu- ment. He said he would endeavor to analyze the case briefly and give his honor only the salient points in the case as he understood them. He then asked his honor to throw out such points as had no bearing on the case. Among the claims made by the attor- ney were that in order for conspiracy to be criminal the attempt must be made to com init a lawful act ia an unlawful manner. He claimed that the several counts in the indictment did not come within the scope of such law. There are various ways, said the attorney, by which men may conspire to injure the business of another. As if a newspaper is set up in op- position to another and offers lower rates of advertising, this is an attempt to i'm poverish another.
 Judge Stoddard-Competition is said to be the very life of trade and I don't know why it is not SO.
 Mir. Russell-It seems to me that the sim pie allegation to get away the advertising patronage of another is not and cannot be | crime.
 Referring to the second and third counts | in the indictment, where it is alleged that | the accused tried to get away the places from one set of men to make room for themselves 1 he could not that there was anything criminal in this, more than it was for men of l one political party trying. to get away the offices from another party. | If the law is my friends claim it is, 1t is a l one-sided law. These men combine to raise l 8 certain rate of wages and they say they ! will not patronize paper that does not con- form to our demands. Is that crimea Elm l ployers combine together to keep down | wages, why not workmen? What is law for l one is law for the other. 1
 Judge Stoddard-Can you find any deci- sion where it is held that it is not criminal | for employers to combine together and re- | fuse to employ man who had been employ | ed by another combination? |
 MT. Russeil-I don't know of any such de- l cision and never heard of any. Would your | honor think that such proceeding would be | criminal? 1
 Judge Stoddard-From my present stand | point I think I should and should think such | man or body of men should be punished. l
 Mr. Russell continued his argument and | concluded by saying that he thought none of | these complaints ought to stand.
 Judge Stoddard said he believed the law I was equally bearing on employer as employe | and did not believe there has been any diff l ference in practice regarding the same
 Joln T. Moran followed MT. Russell and | read from the authorities at length, the de- | cisions relating to conspiracy. When he l concluded Judge Stoddard said: I would like | whoever drew the complaint to state the speci- | fc unlawful acts contained in the first count. l
 MT. John w. Alling said in reply: Con- | polling corporation against it's will we 1 claim is unla Tful act, though the methods l of compulsion are not set forth. They may | not be known. You may not know the l means by which they propose to carry out I their purpose. Attempting to compel the I employer to discharge his men and depriving | them of their employment, is unlawful. In l ducing refers to reason; compelling IS using i force, by threats and intimidation. l Mr. filling continued at length in his discus | sion of the principle he had laid down that l the compulsion used, as set down in the first | count of the information, was an unlawful l act and criminal in it's nature. The aver ment is that these secret organizations can | stop your business and will do it. We can not specify all the acts they will resort to be- cause we do not know.
 Judge Stoddard thought the count was de- | fective because it did not state how these | acts were to be accomplished.
 MT. filling said that he did not consider | that the pleader was obliged to show all the | methods adopted by the accused to carry out | their unlawful acts. This would appear in | evidence. In my judgment this conspiracy l is not justifable by any manner of means.
 Judge Stoddard-The only question is if | men may not combine, by lawful means, to | injure the business of another.
 MT. Alling-It seems to me that no possi- | ble method can be shown whereby the means l methods adopted can be considered law | full.
 MT. filling here read from the authorities | in support of his opposition.
 Continuing, MT. filling said: What is the | position of these aceuseds They are not em- ployed by this corporation, but simply be- 1 cause this corporation won't discharge their | men and let them in in their places, and for no other reason, they go among our custom CTS and compel them to cease doing business agains5 us and against their will. If your honor finds that this is not an unlawful act, then it will be different finding from any that has yet been made. Now this first count specifically states that these parties did these very acts.
 Judge Stoddard-Yes, but you don't sta te in your count how they did this or what their means of doing it were.
 Mr. Alling-The means are in the combi- nation of these persons unlawfully to lnJure you. The means are that If you don't do as we want to have you, then we will compel | you to do so by compelling your customers to l cease doing business with you by threats and The conspiracy is in the | threats to break up the business of others if they don't cease doing business with you.
 Proceeding to the second count MT. filling said he did not see anything in this count to which his honor's criticisms on the first count would apply. He then read from the authorities in support of the allegations as set forth in the second count.
 Judge Stoddard-I suppose it is an indict- able offense to combine to deprive man of his means of livelihood.
 Mr. Alling-There is no doubt about that,