Freeland tribune. (Freeland, Pa.) 1888-1921, 1897-10-28
STRIKE CASE In COURT.
GRAND JURY is DELlBERATING ON
THE LATTlMER AFFAIR.


In quarter sessions court Monday al
ternoon before Judge Lynch, Attorney
John McGahren, representing the Citi-
zens' Benevolent Committee of Halle
ton, organized for the purpose of prose-
cutting Sheriff Martin and his deputies
for the recent shooting Of the strikers
at Lattimer, made a motion to quash
the venire of grand jurors who reported
to the court that afternoon. In support
OF this motion Mr.. McGahren read the
| deposition of John Nemith, of Hazleton.
to the effect that the sheriff assisted the
jury commissioners in drawing the jury;
which act on the sheriffs part, Mr..
McGahreu contended, was illegal. as
the sheriff is party to the issue, being
one of the defendants in the Lattimer
case. Mr.. McGahren stated that the
record signed by jury commissioners
Dohl and Taylor states that the sheriff
had part in drawing the jury Asso-
ciated with Mr.. McGahren on the case
is John NJ. German. The motion caused
considerable excitement in court and
the bar enclosure was
CROWDED WITH ATTORNEYS
anxious to hear the outcome of the
motion.
District Attorney Fell opposed the
motion of Mr.. McGahren, saying that he
had information from the sheriff and
one of the jury commissioners that the
sheriff was not present at the drawing
of the grand jury. He also opposed it
on the ground that he has sufficient
| evidence, he claims, to find true bill
against the sheriff and his deputies. A
lively tilt ensued between Messrs. Fell
and McGahren. Attorney John T.
Lenahan appeared for the defense.
Judge Lynch said the court was pre-
pared to hear evidence on the case.
Jury Commissioners Dohl and Taylornot
being present the case was continued
until next morning. Judge Lynch told
the jury that owing to the motion he
WOULD NOT YET SWEAR THE JURY
and told them they were excused until
| Tuesday.
Judge Lynch next morning heard the
argument of Attorney McGahren. Jury
Commissioners Dohl and Taylor were
called to testify and said that the sheriff
was not present at the drawing of the
grand jury and in no way participated
in it. They said the sheriff was at Haz-
Teton at the time the jury was drawn.
Judge Lynch thought their evidence
sufficient to refuse Mr.. McGahren's
mntinn Tho inrN
and instructed by Judge Lynch as to
their jurisdiction in dealing with cases
brought before them. Referring to the
Lattimer shooting the court said:
Il may add, gentlemen, that the dis
trct attorney may lay before YOU
number of indictments charging felon-
ious wounding and murder. The gravity
of these charges warrants me in placing
before you some of the facts regarding
the charges and incidents leading up to
them"
He reviewed the facts of the case up
to the
TIME OF THE SHOOTING,
saying, however, that the iurymen must
determine what was the attitude of the
strikers by the evidence presented. His
Honor then added:
''It seems, from the testimony sub
mitted to the judges at the preliminary
hearing, that the accused fired upon
these workmen and killed and seriously
wounded many of the marching work
mon; that after the latter began to run
from the dangerous fire number of
shots were fired by the sheriif's party
which took effect in the backs and sides
of the fleeing men.
at is sufficient for the present purpose
to say that murder is an unlawful kill
ing. accompanied with malice afore-
thought, and that malice in the sense
here used, means not only spite, a grudge
or particular ill-will, but also case
where there is wickedness of disposition,
hardness of heart, cruelty, recklessness
OF consequences and mind regardless
of social duty.
"a citizen or any number OF citizens,
HAS THE LAWFUL RIGHT
to pass and repass either afoot or by
carriage, over the highway. If it ap-
pears that the workmen were peaceably
walking upon the highway toward Latti
mer for the purpose of persuading the
men there at work to quit and join them,
and that in no manner by word or act
had committed breach of the peace or
threatened to do so, then the sheriff or
these with him would have no right
whatever to fire upon and wound or kill
any of the marching men.
''lf there is riot or danger of one it
is the duty of the local officers, the con-
stables and other peace officers to do
their part, going personally to the scene,
commanding the peace, arresting all
who disobcy and calling on all good citi-
zens for aid.
| ..ShOnld those nlllcnrs ranlect any