Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1891-05-09
LYNCH LAW Justified.
Report of the Grand Jury in the
New Orleans Affair.

q special report emboiying the result of its
investigation of the mistrial ofthe men charged
with the murder of David c. Hennessy, chief
OF police of New Orleans, and the lynching of
eleven Sicilians on Saturday, March IA, which
has been the subject of correspondence be-
| tween the government of The United States
and Italy, The grand jury has been investi-
eating the case for SIX weeks. The result of
It's work Is the conclusion that at least three,
hnot more, ofthc jurors in the case of the as
sassins were unduly and unlawfully controlled
BY money influence In their decision, and that
the sympathy ofthe community is so strong in
approval of the lynching of the prisoners that
no number of individuals can be held account
ablc-that the whole parish and city of New
Orleans Is responsible.
THE JURY WAS BRIRED.
The report Is lengthy document 1t be-
| gins by characterizing the atroeity of the as
sassination of Chief of Police Iennessy who
was killed because he was the city's chief
officer charged with the enforcement of the
law. The verdict declaring six of the alleged
assassins not guilty and disagreeing as to the
| guilt or innocence of the other three was rem
dered on Friday, March b. The grand jury
says that verdict was startling, amazing, and
bitter disappointment in view of the strong
presentation Of the States case which ap-
peared more than sufficient to convince the
most unwilling listener with its truth. The
grand jury then proceeds at length to show
that corrupt influences were brought to bear
| upon the jury, In the Investigation of this
subject the grand jury used every means
Each of the individual jurors was summoned
and asked to make statement. From these
statements it appeared that one quarrel had
arisen in the jury-room, arising from the ac-
cusation BY one juror to another Of the words
You talk like you were fixed before you
came here" The necessity for secrecy in the
Jury-room was urged as the several jurors
were selected and joined the company Of their
fellows, The jury undertook to try the case
by Their own estimate of the value Of state
naents made by parties not called as witnesses
Inc votes i'll The jury are analysed to show
that II was well-nigh impossible 10 reach any
other trial than mistrial.
HOW IT WAS DONE.
The grand jury finds that the talesnicn were
approached before being called TO the box.
They were visited at their homes and invited
10 some secluded spot, One fayorite express
ion was that "big money might be made by
going on the jury and doing right" There is
no doubt these attempts were made by various
parties In the ser vice of the defense When
Indignantly repealed, the insulting proposal
would be turned off as joke. Some of the
talesmen took special care to deny any know
ledge of the vile work or showed remarkable
deficiency OF memory. Others related their
experiences from sense of duty. The grand
jury says the jury lists were tempered with
When drawn from the wheel and before they
reached the jury-box i'll court. A private de
tectiye agency was supplied with the lists.
The deputy shcrifls were unreliable, and the
grand jury suspects them of sympathy with
the accused calculated to cmbarrass the best
directed efforts of the prosecution.
INDICTMENTS FOUND.
The grand jury indcts 81 men, us follows:
Thomas McCrystal and John Cooney, with d.
c. o AIalley for attempting to bride tales
man, and Bernard Glaudl, Charles Granger
| and ferneard Arnant for attempt by each 10
bride three different talesmen. These parties
are clearly shown to have been intimate with
/ OMalley, often at his Office, informed of all
doings and were active workers in the jury
| fixing business generally.
DETECTIVE o'MALLEY BLAMED.
The conclusion is reached by the grand Jury
''that Dominick c. OMalley is rhargeable
with a knowledge of and participation in most,
If not ALL Of the unlawful acts in connection
with that celebrated case With his skill as
acquired by years of experience, the most
cunningly devised schemes were planned and
exc uted for defeating the Legitimate course of
justice, the chief aim and object being to place
unworthy men upon the jury in the trial of
the nine accused. Without his assiduous and
corrupting influence we believe the verdict
would have been radically different, and, us a
natural consequence, the tragic occurrence OF
the 14th of March last never would have been
recorded"
WARD POLITICIANS WORK,
The grand jury udds;
1--WE cannot fail to refer TO the infinite re.
lations existing between d class of ward poll.
ticansand the prime mover in all the infamous
doings. His Office was place OF rendezvous;
ali were deeply concerned in the appointment
of a successor to the late chief and speculation
abounded as to the availability of such one
for their use. Ii was also important that the
agency should be informed of the workings of
the city special officers, and 0'Malley managed
to have friend appointed. He was assigned
to the police and not the detective force when
he resigned rather than wear u uniform"
The grand jury finds that the Malta Society
does exist. Its blood-curdling crimes are
almost impossible of detection owing to its
secret methods. The report calls special
attention to the need OF immigration laws
which will prevent the landing in the United
States of foreign criminals. Al the same time
the report recognizes that a large part of the
Italian colony of New Orleans are worthy
class
THE LYNCHING.
On the subject of the lynching the grand
jury says:
Directly connected with all these circum-
stances are the terrible events Transporting on
the l4th day of March last, events which in
themselves may be charged as directly trace
able to the miscarriage of Justice as developed
in the verdict rendered on March Is. We are
deeply impressed with the serious charge de-
livered by your Honor TO this body on the
subject, and at no time since have we lost
sight of the necessity for a thorough investiga-
ton of all the conditions antecedent to it, We
have engaged ourselves most assiduously with
the examination of a large number of witnesses
embracing those who were present at the meet.
ingon Canal street in the vicinity OF the parish
prison, as well as several hundred of our
fellow-cltlZens taken from every rank and
class of society. 1t is shown in the evidence
that the gathering Saturday morning
March IA, embraced several thousands of the
first, best and even the most law-abiding of the
citizens of this city, assembled, as is the right
of American citizens, TO discuss in public
meeting questions of grave import. We find
general sentiment among those witnesses and
also In our intercourse with the people that
the verdict as rendered by the Jury was con-
trary to the law and the evidence, and secured
mainly through the designing and unscruptl-
Ious agents employed for the special purpose of
defeating the ends of justice. AT the meeting
the determination was shown that the people
would not submitto the surrender of their
rights into the hands of midnight assassins and
their powerful allies.
'4The assassination of the late chief of police
shows the elimination of conspiracy. His
death was deemed necessary toprevent the ex-
posture and punishment of criminals whose
guilt was being fast established by his diIligent
pursuit.
THE LAW WAS PoWERLEss.
'The condition of affairs in this community
SIS to a certain class of violators of the law had
reached such state that the law itself was
well nigh powerless to deal with them, so far
reaching was their power and influence in the
trial of criminal cases. Good citizens were
profoundly impressed by the repeated and
signal failures Of justice. The arts of the per-
jurer and briber seemed to dominate in the
courts, pGralyzing and rendering powerless
the end5 OF Justice. Certainly this was des.
perate situation. In the public meeting above
referred to, general and spontaneous in char
aeter-as truly indicating an uprising of the
masses-we doubt if any power at the COM
mand of the authorities would have been suffi-
eient TO overcome Its intentions. Evidence is
before US from official sources that eleven per-
sons were killed in the attack on the parish
prison. In the careful examination as to
citizenship of those mon we tipd that eiOht of