The herald., 1894-11-21
TO CONSIDER THE VERDICT.
A Strong Case Made Against
the Strikers.
The Charge of the Court to the Jury
Clear and Distinct.
The Jury Fails to Agree Upon the Facts
and Are Consigned to the Mar
shaPs Custody for this
Night.


unusually interesting.
The cases against w. H. Clune, B. 7.
johnson, Isaac Ross and Philip Stan
wood are the most important of any
that have resulted from the strike, and
not only railroad men but working men
generally have watched the progress OF
the case in court with keenest apprecla'
ton OF the various points involved.
United States District Attorney Denis
made q very strong showing for the
government, and in @ logical array of
the facts presented to the jury COM
pleted chain of evidence that must have
told strongly, in the minds of the jury
men. against the defen iants. Attorney
w. T. Williams made q strong plea for
his clients and sought to minimizs the
effect of the damaging evidence that
had been presented by the prosecution.
He claimed. moreover, that the defend
ants did not contemplate any conspiracy
nor did, in his opinion, the evidence
warrant any such conclusion.
Judge Ross, while instructing the jury.
made very lucid analysis OF the evil
dence, and narrowed it down till the
Issue was presented in simple form. He
said:
1.-THE defendants are not indicted for
having quit work. The offense charged
is that at the time and place mentioned
in the Indictment, they. Clune. johnson,
Ross and Stanwood, willfully and feloni-
ously combined and confederated togeth-
or to obstruct and retard the passage OF
the United States mails upon the regu.
lar trains OF cars OF the Southern Pacific
company within this judicial district,
and that. acting in furiherance of such
conspiracy and agreement, they. Clune,
johnson, Ross and Stanwood did know
ingly and feloniously obstruct and retard
the passage of the mails Of the United
States in and upon certain train of
cars belonging to the Southern Pacific
company which had been designated by
the postmaster general of the United
States ae one of the trains upon which
the United States mails should be car
ried.
"The charge is that the defendants
combined and confedrated together, and
that in pursuance of the conspiracy they
committed the alleged acts. A conspir.
acy is an agreement between two or
more persons to effect an unlawful pur-
pose. Ii you find that the alleged con-
epiracy was formed and entered into by
these defendants and other persons,
tHen each and every act and declaration
Nither conepirator in the execution Of
nnspiracy is, in law, the act OF all
lspirators. Whether or not the
racy existed may be established
,cumstsntial as we'll as by direct
..dence.
IF you find that the alleged conspir-
ICY was formed, and that all of the de.
.sndants entered into it, and thereafter
committed the acts alleged in the in
dictment, with the intent therein al>
legged, then, in that event, you should
find each of the defendants guilty as
charged.
''If you find that the alleged conspir-
acy was formed, and that either of the
defendsnts entered into it and there
after committed the acts alleged, with
the intent therein alleged, then, in that
event, you should find the defendant or
defendants 30 entering into such con-
spiracy and committing such acts guilty
as charged, and the other defendant 'or
defendants not Joining in such conspir-
acy or not committing the alleged acts
not guilty.
"If you find that the alleged conspir-
acy was never entered into by either ol
tu6 u6l6uQhul5t VI lldb tu6 dlIckcu hCte
were never committed by either Of them
the case OF the government will, o
course, fall to the ground. and your yer
dict should be not guilty ss to either.
Congress has declared by statute ths
any person who shall knowingly anC
willfully obstruct and retard the passag
OF the mail lie guilty OF crime and shal
be punished in certain prescribed way
f,,r od hu ar of thf
United States that the postmaster gen
eral shall in all cases decide upon wha
trains and in what manner the mail
shall be conveyed, and il you find from
the evidence that said officer has, throug
his subordinates, designated for tn
Southern Pacific company, in this judi
oial district, the regular passenger train
on that road for the carrying of tn
United States mails, that company is nc
by law required to run other trains tha
its regular trains for that purpose, an
its failure to do go is not violation c
any law of the United States"
Reviewing the more salient points O
the testimony presented, the court pro
ceeded:
This evidence on the part OF tn
government is not disputed. Now VIII
retarded ths mails? Why did not tn
regular and usual passenger trains upo
which the mails were regularly dis
patched proceed? Who impeded thei
progress? Was there a com bination {
men to prevent the running OF the trai
mentioned in the indictment, as well q
all other trains OF the Southern Paci6
company, and, if go, were these defend
ants parties TO this conspiracy, and di
they, in pursuance of such conepiracI
impede or retard the mail2
Every man is presumed TO intend tn
ordinary consequence OF his willful aCt
You have here the testimony of the va
Yioue witnesses on the part of the gov
eminent. and have seen the variou
kilograms, letters and other commun
cations. No evidence has been given o
the part of the defendants. but as the
were not obliged to testify in their ow
behalf no inference against them ehoul
be drawn because OF their failure to
20.
You are to consider the case as res
sonable and sensible men, and in viev
Of the evidence can, in the opinion O
the court, have no difficulty in arriving
Ut the truth"
The case went to the jury at II a
o. M, and at 8 80 Judge Ross ordere
them brought into court. Upon tn
iurymen being seated Foreman Sander
intimated that a disagreement existed
Upon the court inquiring whether
was on points OF fact or law, it we
learned that it was upon certain essen
tisl facts. Thereupon Judge Ross aga
retired them to the jury room until 4 a
ut which hour an understanding nj
a L. \