Wessington Springs herald. (Wessington Springs, Aurora County, Dakota [S.D.]) 1883-1891, 1886-10-29
JUDGE GARY,s DECISION.
Reasons for Refusing to Grant the An
arclistS u New Trial

Reasons for Refusing to Grant the An
archists u New Trial,
The Court began by saying that the cuse was
so voluninous that it was impossible, within
not understand that either upon the TRIAL or the
argument on the motion had the defense at
tempted to deny TINT the defendants, except
M n,e; were combined for some purpose. The
oo]ect OF that combination had been debated by
INC counsel. 1t was important to know what
That TACT was, whether it was merely to oncour-
hse the worklnSmen to resist unlawful attacks
OF whether it was something else. There was
no better way than to read what they had
spoken and written as co the object of the COM
wom,d Mnle .ne events were occurring He
ana ArOestc'-Iestung what the defendants them
Ii, 1885. 10 o"--
The court then read at length from the files of
inc papers IN question: choosing such articles
rs would throw the clearest light upon the Dur-
poses .;S,S OF the defendants. He then said
TO the argument of the counsel, that what they
proposed was simply that they should arm
themselves, SO Us to resist any unlawful ut
tncks which the police or the militia might
make upon then.
Now, there can be no claim that this was q
lawful object: There can be no claim but that
. the force which would extend in the car-
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
M1ether they shall work or not for particular
W
ance OF that dictntion to drive them off by force
and If 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
principle us that."
He reviewed ut 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 it's 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 a question
not necessary to consider, because the instruc-
lions to The jury did not go upon that ground,
but upon the ground that they had generally by
speech and print advised n large class to COM
init 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 by it somebody not known
less than murder, and nlanslaughter was not to
be considered. II verdicts We're to be set aside
for the cause urged, it was q sure way to bring
about anarchy, since there would be no way to
maintain government and administer law.
The Court closed by saying: Il 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
overruled."
prisoners at the barr spoke Judge Gary,
"for the lrst time during these painful and pro.
tracted 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."