The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1898-03-09
IN THE JURYS HANDS.
Sheriff Martin and His Deputies
Now Awaiting the Verdict.
CHARGE OF JUDGE WOODWARD.

Not Necessary For the Prosecution to
Designate who Killed Mike CezIak.
Strikers Erred in Refusing to Obey
the sherIff's Orders TO Dlsperse.
Willsesbarre. Pa, March 9.-The fate
| of Sheriff Martin and his deputies, on
| trial for the shooting of strikers at Lat
timer, was given to the jury at
| o'clock last evening. Judge Woodward
kept the court open until 8 o'clock, and
the jury not having sent word to him
that a decision had been reached he
adjourned court until this morning.
The final arguments attracted large
crowd to the courtroom, and were lis
tened to with rapt attention. Mr.. Pal
mer made the closing argument for the
defense, dwelling on the fact that the
state had been unable to locate the in
divldual who shot and killed Mike
Cezlak. and declaring that the shooting
was justified in the interest Of law and
order.
District Attorney Martin then made
the final address for the common
wealth. after which Judge Woodward
Immediately charged the Jury. 1t was
'Siy iSA6thS, 1iu 6hcNcu iiiuli SdiS
in preparation. After defining the
various degrees Of murder he declared
1t was a duty to consider whether.
prior to the 10th of September last.
such state Of disorder and danger of
riot involving destruction of life and
property. existed as justify the sheriff
In forming posse for protection. He
quoted at length the laws relating to
the duties OF sherffs. and read the
Pennsylvania statute Of 1705 against
riots and rioters. He proceeded:
1T Is not my purpose In this charge
to enter upon any extended discussion
of what are known as strikes or the
right Of laboring men to form them
selves into organized bodies for the
purpose of securing better compensa-
tion for their labor. There is no law.
either by statutory enactment or by
any decision Of our courts, to prevent
laboring men from stopping work and
going upon a strike, whenever, in their
own opinion, 1t Is for their interest so
to do. Nor Is there any law which
makes IT conspiracy for workingmen,
In any department of human labor, to
combine together and by mutual agree
ment to refuse employment until there
has been brought about a satisfactory
adjustment between their employees and
themselves upon the points at Issue by
the employed or by the employer.
''As the employer has no right to
compel a man to work who aUes not
wish to work. SO also Is 1t true that the
empoye has no right to compel his fe-
low workmen to quit work II he wishes |
to work. The distinction between the |
right to strike and the right to compel |
others to strike is natural and palp-
able one. and is approved by the in
stinctlve law of right and wrong, as
well as by the statutes and the de-
cisons of the courts.
THE defendants are all and Jointly
indicted for the killing Of the de-
ceased. The commonwealth, in the alb
sence Of any proof as to who fired the
fatal shot, asks for the conviction of
all the defendants on the ground that
the action of the sheriffs posse was a
criminal action-that the original call
for the posse was unnecessary, or even
justihable, that the subsequent action
and especially the shooting on the 10th
of September. cannot be justified under
the evidence, and that therefore the act
of any member of the posse was the
act Of all the members of 1t, for which
every one is equally responsible in the
contemplation of the law. The law is
that where several persons take part
in the execution Of a criminal purpose,
all are equally liable for the acts of
each, and for the incidental and prob
able consequences of the joint pur-
pose.
ut cannot be doubted that the duty
of a sheriff is to prevent the danger,
as well as to suppress riot. It IL GER
tainly true that both at West Hazleton
and at Lattimer the great body of the
strikers failed to obey the sheriff when
he ordered them to disperse. and in
sisted on pushing on. Nor can 1t be
doubted that the sheriff had the right
In the exercise of the discretion vested
in him by the law. to Issue the order.
And If It was the right of the sheriff
to command the crowd to disperse,
then it was the duty of the crowd to
Dbey his command. This obligation of
obedience to the authority of the peace
officer of the county Is not confined to
aboring men. 1t extends to and em-
braces all the Inhabitants of the coun-
ty. rich and poor. high and low. A
COlilpdHy COllpOSeu OIL ln6 most |
wealthy and most prominent men of
/ community. If marching upon a pub
ic highway. at a time or under such
circumstances which in the Judgment
II and discretion of the sheriff render
ID such a demonstration dangerous to
he public peace. would be bound to
Iisperse If ordered so to DO. And COM
'liancs with the order should be
prompt and complete.
at is claimed by the commonwealth
hat after the firing of the voley some
ne of the defendants left the line of
he deputies, and continued to shoot ,
t the strikers as thsy fled to the rear.
ome of the witnesses for the prosecu-
ion swore that such was the case. But
his Is strenuously denied by all the
illnesses for the defense who were on
he ground, and there Is no undisputed
violence identifying one of the defend ;
nts as the party implicated In any
uch movement.
After q careful examination OF all
( the testimony I am prepared to say
hat the most If not the only, ma
ertal questions in respect to which the
illnesses differ in their statement as !
} the occurrence at Lattimer are first
5 the number of men who surrounded
le sheriff after his effort to arrest one
the strikers, and second as to
neither the firing was continued after T
le ranks Of the strikers. had broken ii
nd were In retreat, or did It cease 7
hen the volley was fired" J.
Fell Eight Stories to Death. n
New York March 9.--Chares Reich II
nd Thomas Flaherty, painters, were
He'd yesterday by the breaking of a Z
,pe sustaining a swinging platform
pom which they were working at the
ghth story Of a new building in West
street. Their bodies were
9rTibly bruised and crushed. Z