The sun. [volume] (New York [N.Y.]) 1833-1916, 1898-03-09
LATTIMER JURY UP
NOT AGREEING WITHIN W HOURS,
THE COURT ADJOURNED.

or sheriff Martin ana Deputics-Lattiuaer
to re n watchword for Anarohy-hasoF
Leaders scered-A Deputy's House Fired.
wmKEsBARRE, Pa, March e.-The case Of
Sheriff Martin and his deputies, on trial for
the Lattimer shooting. was Rivon to the jury
just before o o'clock tonight. No verdict had
been reached by 8 o'clock, and tho Judge ordered
the jury locked up for tho night. Tho last day
in tho trial was confined to the closing arRu-
ments of Mr.. Palmer for the defence and Dis
trict Attorney Martin for tho Commonwealth,
and to the Judges charge to the jury. Nolle pros
equies were entered against accused Deputies
George w. Rublc. Conrad Zeigler, Louis LonRe.
Henry J. Penaf. Joseph w. Stevens. Joseph l..
Nichols. and James Osborne because they had
not been identified as having been present at
Lattimer whom the shooting took place.
Mr.. Palmer's powerful address was listened
to with the closest attention by all present in
the crowded courtroom. He began by saying:
II apprebend from what has occurred during
the trial that tho tragedy at Lattimer is to be
used hereafter to strengthen the secret con.
| spiracy that Is 4 forming in this country having
for Its object tho overthrow of all govern
ment, tho subversion of all law and the
| triumph of universal anarchy. Tho mali
ciously false publications made b. certain
journals that disgrace civilization. intended to
cast suspicion on the administration Of Justice
otN ahsSS ~ pSelso etehhSS t"S
courts, widen the breach between capital and
labor, and forestall the verdict which all who
| respect law and desire peace hope will be
found by an intelligent jury. warn us that Lat
timer Is to figure as q ~rallying cry for Social
| lists, Anarchists. and hnters of organized gov
| eminent. Us we'll os q slogan for the cheap
demagogues who reckon political success above
public welfare. and who stand ready to ruin
where they cannot rule.
| sn,t Tho dnty thaf lioo paxt nnr hand In thia
hour has respect only TO the administration of
the law as it is. Tho consequence, immediate
or remote. tho disappointed malice. the %unjusti.
fed hatred. the unsatisaed ambition, will all be
"surely the Commonwealth cannot be in
earnest when they ask reasonable mon to be-
iiove that these defendants, who are not thugs
or assassins, but respectable and pesceable
spiracy or agreement to XIII and Stay the strik.
ers out of motives of malice and revenge. They
To state it is to argue and prove 1t false and un.
tenable. tits contrary to all the facts and circum-
fact that a condition OF tumult and riot existed
in the region; that life and property had been
had been called out BY the Citizens to preserve
the peace; that the prisoners had been sworn In
as a posse and were therefore officers OF the law;
that the strikers were an unlawful ansemblage
bent upon an unlawful errand; that it was the
duty OF the Sheriff to dispense them. and his right
to use oil necessary means for that purpose.
TT is a dishonest theory bred in desperation
and nurtured by hatred and malice. 1t Is q de.
tween labor and capital for political purposes.
] This was no conspiracy, combination or agree.
on the part Of peacoabio citizens to do their dis:
agrees rssaSSl k ,6 du sg.r hissy ami be esen ,i"hIs 10 sn, AND and
Imprisonment II they refused"
To the professional labor agitators, who have
figured so prominsntly In the Hazelton strike
This trial has disclosed a choice pair in John
| IT, a. x,hn orya,0vaI tho TTpitaI Nina W - oras
Union in Harwood who gave them the idea that
II the flag was carried at the head OF the mob
right to march in force and stop their fellow.
workmen II they did not kill or destroy property.
Where was Fahey when the bullets flew : Not
at the front or in the rear. He was safe with
the 20 cents each wrung from these hard toiling
s sans in B M : far "a f froS his ah d due aoe Engaged o = sd.n NO
doubt, in swindling other workuen with false
hood and dscepti9n:
lies for a penny a line for q sheet which is a dis:
abusing the prisoners. and seeking to %forestall
the verdict. Intent upon making wider the
t Hhee curse os OF iabo IIoSF mem nen '4 They grow s@SH 1 f"t a Srs
rich on the misfortmnes of the mon they pretend
that tn .eS wing the nsi air in tho wake Of an army to fats
ten on the slain. God help the cause of labor IL
il must depend upon men SO devoid Of truth and
In conclusion Mr.. Palmer said:
but this turbulent foreign element had
learned a lesson. They did not dare to tempt
another baptism of fire. The lesson was costly
Its value will be felt wherever other desperate
men seek to violate the law and disturb the
suade men who wish to Join a strike by the dis.
play of force. it will be remembered that a civil
zens at his back, represents tho majesty OF the
law. and that he has authority to shoot and kill
If n nffssS action to 6 pTe tSs sb seG RRes snd hi, posse at
Lattimer was not only necessary for the preser-
walton Of the public peace and the restoration
of law and order. but 1t was probably the most
merciful means that could have been adopted.
Suppose the men had been allowed to go on I'M
molested, would the trouble have been overi
Emboldcned By successes and secure in the be-
lief that the Sheriff and his posse were no
would have had possession of the region to work
their will.
Condemn these men, and go home to your
neighbors and tell them we convicted sherlf
Martin and his deputies for standing, between
your wives and children that hcnceforth when
tho rioters are about to march, and the right of
men e , work = is in peril; that hat there X. Evil, viii b be e no
fend your homes. because by your verdict you
all have forbidden thom to act. under penalty OF
lit was right that these men should be tried.
to tho end that the infamous falsehoods that
ton Of the world should be exposed and denied.
It is right that the world should know that no
have been shot down. but that a dangerous
mob intending violence and disorder have been
suppressed. tho law Vihuicateu, ana oroer re-
stored"
District Attorney Martin then made the clos
ing argument for the Commonwealth. and the
Judges charge followed. 1t was a clear. logical.
and impartial exposition OF the facts and the
law in the $50 and was not long. Ho defined
the different degrees OF murder and man
slaughter. and said:
AS the case on trial may raise the question
OF justiiable homicide. / proceed to charge you
briefly on that subject, md in doing so adopt
the Language of Judge King. an eminent jurist
of our own State. A man may repel force by
force in the defence OF his person, habitation,o or
property against ono or many who u~njustly in
tcni and endcavor. by violence or surprise, TO
commit n known felony on either. In such u
case no Is not obliged to retreat, but may pursue.
his adversary till he finds himself out Of danger;
and II In u conflict between them he happened
to kill, such killing Is justihable.
The right OF sclf.defonce In cases OF this
kind is founded on tho law of nature, and Is
not. nor can be, superseded by any law OF So
ciety. Where a known felony Is attempted
upon the person. be it to rob or, murder, tho
party assaulted may repel force by force; and
even his servant attendant on him. or any other
IniHchief. and II death CDbues tho Marty ao in