Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1892-08-16
nEYBURX's ARGUMENT.


|
At p. NJ. Judge Hepburn, of coun
sci for the prosecution, commenced
short but Enthusiastically logical
and eloquent argument. HIS arraign-
ment of the twenty defendants
was scathing one. He held that
the miners union OF Shoshone county
had entered into an illegal compact
to prevent persons who did not be-
long to their organization from work
ing in the Frisco aud other mines, and
that they had enlisted the services of
men who were not members of the
union to aid them in carrying out
their plans. In their endeavor to at
tain their lawless object the defend
ants had resorted to every measure
that human ingenuity and fiendish
deviltry could suggest. Cold blooded
murder had been committed. Dyna-
mite had been exploded under mill
in which twenty 6ve human beings
were ensconsed. They knew when
they blew up this mill that every
man within its walls was likely to be
killed. The case in hand passed be-
yond the lines of any contempt case
ever tried. This was crime of
most aggravated nature rather than
an instance of contempt. This court
can treat the matter only as con
tempt, but the defendants must an
swer in other courts to charges of
murder. 1t has been suggested by
the attorneys for defense that some
of the defendants were not amenable
to the law because they were not
American citizens, and because they
were not parties to the original in
junction suit. He stood upon the
broad law that where persons, while
engaged in an unlawful proceeding,
violated an injunction of court, were
guilty of contempt, even though the
violations were unwittlngly commit
ted The actions of the defendants
were lawless because they violated
property rights. The miners unicn
and these defendants had attempted
to set aside the law of the land and
substitute the law of the miners
union. 1t was a one sided law for
the property owners, who were ex-
pected to bow to it aud were allowed
to take no part in it's legislation
| Laborers cannot be forced to work
for any man, yet they seek to force
that man to employ them. A man
cannot violate the law and then say
he is exempt from punishment be-
cause he is not citizen. VIII the
defense contend that an alien Shout /
thus be allowed immunity not pos
sessed by an American citizen Every
person who sits In council and does
not lift his voice or his hand to dis
courage plans to violate the law is
amenabie to the law. No assumed
brother hood should restrain any good
citizen from attempting to prevent
violation of the law. The miners
union must be regarded as crlmna
organization, because its acts and moi
It's intentions must be judged. The
government wished to convict no in
nocent man. The rioting at Frisco
Gem, Wallace ana Wardner and the
outrage at Old Mission all formed
one act of disobedence and lawless
ness. At Old Mission the offenders
added petty larceny to their othe
crimes. Mean, dirty robbery hat
been committed. Armed men
headed by Black and DeMoville
members of the union, had attacked
and robbed helpless men and ther
had driven them into the wilderness
Men who would do that would sto,
at no crimes.
Mr. Hepburn concluded by sayin.
that he did not believe it was nee
; essary for him to go through the ties
timony at that time in order to con
meet each one of the defendants will
the otfense charged. He was sur
the court was already suffiNentl
familiar ,vitb tba a.;Jo,aa