The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-09
rr IN THE MARTIN CASE OUT
roRD RECEIVED FROM JURORS
" 70 A LATE HOUR LAST NIGHT.

,.,ee WoOdwHrd's Charge Exhaus-
s..-He First Discusses the Power
,be sheriff TO Summon a Posse
\ Maintain Order-Orders of the
riff should Have Been Obeyed.
a,.hts of Workmen Set FOrth-The
'usratIon OF Conspiracy Touched
IpOn.
rltesbarre, Pa, March S.-Sheriff Mar
and his deputies will probably know
,s, fate tomorrow morning. Arguments
80 concluded to-day and late this after
.n Judge Woodward charged the jury.
y, word having been received from the
..,r room up to 8 o'clock tonight, court
adjourned until 10 O'Clock tomorrow
morning.
m5ge Woodwards charge was exhaus-
.r. He discussed the power of the sher-
y n summon a posse and maintain order
rotinuing, the judge said: "There is
=, law either by statutory enactment, or
!, any decision of our courts, to prevent
ssming men from stopping work and go
!, unon a strike, whenever, in their opin-
~ il is for their interest so to do. Nor
here any law which makes it a conspir-
~ for workingmen, in any department of
,rma1 industry, to combine together and
~ mutual agreement to refuse employ
mont until there has been brought about
satisfactory adjustment between their
nployers and themselves, upon the points
tissue The liberty of contract is not to
nfringed, either by the employed or
N employer AS the employer has no
NM to compel a man TO work, who does
nj wish to work, so is it true that the
rpoye has no right to compel his fellow
Vrkmen to quit work If he wishes to
Erk
| 1T is certainly true that both al West
Hzeton and at Lattimer, the great body
d the strikers failed to obey the sheriff
Fsen he ordered them to dispense, and
INSISTED on pushing on. Nor can it be
3ubted that the sheriff had the right, in
he exercise of the discretion vested in
hin by the law to issue the order And
g it was the right of The sheriff to COM
nsrd the crowd to disperse, then it was
tie duty of the crowd TO obey his COM
rand. The right to give the order implies
The duty of obedience to the order, and
dsObedience of it is evidence of a riotous
purpose. If l push on when the sheriff
Giers me to stop, do so at my peril.
"Of course this obligation Of obedience
to the authority of a peace officer of the
@ntry is not confined to laboring men.
extends to and embraces all the inhab-
fants Of the country, rich or poor, high
o. low.
If you are satisfied, gentlemen, from
The evidence that the power of the sheriff
and Of the posse was to preserve order and
prevent riot, then it would follow that
their interests and object was moi a Grim
inal 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.
II, on the contrary, you are convinced
by the evidence that the sheriff was not
acuated by "a desire and intention to pre-
serve the peace, but that he summoned
bis posse with the idea of INJECTING upon
the body of men known In the case of
strikers wanton and unnecessary outrage
alddaiury without reference to their ac-
ton and conduct-if, in short, his purpose
was base malicious and wicked une,
then, so far as he was concerned, and so
far as the deputies were concerned, If they
understood his motive and acted with the
same intent, the fact of a criminal and
unlawful combination would be establish
ed and then all the defendants might be
convicted, although the shot which took
the life of the deceased was fired by sin
gle one of the defendants. The act of
any one would, in that event, be the act
Of all