The record-union., 1894-12-06
A BABYISH PLEA.

A BABYISH PLEA.
The position taken at the trial of GER
tain strikers before the United States
court in San Francisco by the defense is
amazing, and at the same time ludicrous.
The claim is set up that the District At
torney. the deputy Of that officer and the
United States Marshal are prejudiced
against the defendants, and are acting in
the interest of the Southern Pacific Com
pany. Therefore, say the defendants, the
attorneys should be removed by order Of
court, as the defendants cannot have a
fair trial with prejudiced and biased pros
ecutors.
The attorneys, under oath, have indig-
nantly denied the charges laid, and the
court has denied the motion of the de-
PENDANTS, because nothing has appeared
in the trial to show that the charges are
true, or that any defendants have been
denied any right or privilege under the
law, or that they are not having fair
aud impartial trial.
But the amazing thing about it all
is the plea that the prosecution of men
for violation of law is in the interest of
the Southern Pacific Company. On pre-
cisely the same ground one charged with
from the case the man whose property
was burned because he was prejudiced,
or because it was to his interest to have
the guilty punished. Similarly defend
ant on a charge of murder might COM
plain that the widow Of his victim was
prejudiced against him.
But it is said the motion, and on denial
Of which it is proposed to appeal, ran
only to the officers of the court, who
should be impartial. Granted, but it has
not developed in the trial, says the court,
and every one else who has witnessed it,
that any impartiality has been shown, or
any illegal or unfair advantage taken;
besides, as against the claim of the de-
PENDANTS, stand the denials OF the officers
charged, which should surely count for
as much.
But suppose it was for the special in
terest of the railroad company more
than of anyone else that the defendants
be convicted: suppose it to be true that
the corporation entertains toward these
men all manner of hatred and i'll will,
convicted whether innocent or guilty, SO
long as the legal rights of the parties con-
Ger ned are uninvaded. SO long as these
men are accorded fair and impartial
trials, and have the full and ample ma
chinery of the court at their command to
establish the truth, what of it?
If any of defendants obstructed the pas
sage OF the United States mails, if they
interrupted interstate commerce, if they
seized the property of railway companies,
derailed cars. destroyed bridges, killed
innocent men, what sort of difference
does it make what the attitude of the rail-
ways is toward their cases? Suppose it
to be true that the injured parties do not
feel toward the offenders as brethren, and
entertain a strong desire to have them
duly punished, is it more than human, is
it unnatural or surprising? If injured
people took no interest in bringing those
to justice who by crime do them wrong.
we should have but poorly partial per-
formanee Of justice in this world,
However, in the cases under considera-
ton, it is decided by the court that moth
ing whatever has appeared to show that
anyone holds against the defendants any
prejudice or i'll will that involves their
rights. That is assuredly true. No one
wants these men convicted if they are
innocent. No human being worth any
consideration desires guilt affixed to She
names of the defendants unless it is es-
tablished fairly, unquestionably and be-
yond a reasonable doubt.
Tho President of one of the American
Railway Union organizations has issued
a call for money to afford indicted mem
bers opportunity to make their defense.
This is all right. The appeal is the
privilege of 1.-THE organization, and if
men choose to respond to it there is no
one TO say them nay, and no one has