The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-03-09
JURY HAS MARTIN CASE.
The Judges Charge Was Exha1stive-
No Report From Jury up to Nine
O'clock L, NJ.

No Report From Jury mp to Nine
O'clock L, NJ.
Njkesharre. Pa. March S.--Shei1il
| Martin and his deputies will pfobaniS
know their fate tomorrow morning. Ar
gltmcnts were concluded today, ana late
| this afternoon Judge Woodward chafg-
cd The Jury. No word having been re-
ceiyed from the jury room mp to o'clock
| tonight court was adjourned until III
o'clock tomorrow morning.
.Iudre Woodward's charge was eX-
bonstiyp. He discussed the power of
| the sheriff to summon posse and
| maintain order
Continuing. the judge said;
",rhere is no law either by statutory
enactment. or by any decision OF our
courts, to prevent laboring men from
stopping work. and going upon n strike,
whenever. in their own opinion it is for
their interest so to do. Nor is there any
law which makes ii conspiracy for
workingmen. in any department of hui
man industry. to combine together and
by mutual agreensAnt to refuse cnl-
ployment until there has been brought
about satisfactory adjustment between
their employers and themselves, upon
the points mt issue The liberty OF con-
tract is not TO be infringed either by the
employed or by the employer. As the
employer has no right to compel man
To work, who does not wish Ia work,
so also is it true. that the employee has
no right to compel his fellow wNrkmcn
to quit work if he wishes to work,
1T is certainly true that both az West
Hazleton and ut l.attimer the great
body of the strikers failed to obey the
sheriff when he ordered them Ia dis.
perse. and insisted ON pushing on. Nor
can it lie doubted that the sheriff hal
the right, in the exercise of the diScre,
ton vested i'm him by the law. to issue
the order And if ii was the right Of the
sheriff to command the crowd to dis.
pelse. then it was the duty Of the crowd
to obey his command The right to give
the order implies the duty OF obedience
to the order. and diSobedience OF II Is
evidence of riotous purpose. Ii | push
| on when the sheriff orders me To stop,
| do so at my peril. OF course this oh
! LEGATION of obedience 10 the authority OF
| the peace officer of the county, rs not
| confined to laboring men. 1t extends To
and embraces all the inhabitants of the
| county. rich or poor. high or low. Ii
YOU are satisfied. gentlemen. from the
evidence. that the purpose ct the sheriff
and of the posse, was to preserve order
and prevent riot. then it would follow,
that their intent and object was not Il
criminal or unlawful one. and the rule
of the law which makes the act of one
the act of all. has no application to the
facts of this case. If on the contrary
you are convinced by the evidence that
the sheriff was not actuated by n desire
and intention to preserve the peace, but
that he summoned his posse with the
idea of infieting upon the body of men
known in the case as strikers. want0n
and unnecessary outrage and injury
without reference to their action and
conduct-if in short, his purpose was a
base. malicious and wicked one. then SC
far as he was concerned, and so fan
as the deputies were concerned, if they
understood his motive and acted with
the same intent. the fact of criminal
and unlawful combination would be es.
tablished, and then all the defendants
might be convicted. although the shot
which took the life of the deceased
was fired by a single one of the defen
| dants. The act of any one would, il
| that event. be the act of all.