Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-03-09

Twelve Men Now to Say Whether
the Sheriffs Act Was Done in
Compliance With the Law, or
Whether He and His Deputies
Had Conspired Together to Com
nit an Outrage Upon the Strikers.
Judge Woodward's Charge to the
Jury.
Wilkesbarre, Pa, March S.-The
Martin trial entered upon it's final
stages to-day. When court opened
ex-State's Attorney General Palmer be-
gan his argument for the defense.
1t was after 4 o'clock when District
Attorney Martin concluded his adj
dress. Judge Woodward Immediately
began his charge to the jury. After
defining the various degrees of MUIR
der, his honor took up the question
whether or not such conditions of dis
order existed in the region prior 10
September 5, the date of the shooting,
as to justify the Sheriff's action in call
ing out the posse cOmmitatus. In this
connection he discussed the nature OF
the Office of Sheriff, his powers and
duties, saying:
ITO disobey the summons of the
Sheriff is to be guilty of a misdemean-
or, and shall subject the offender to
the punishment of fine and imprison
ment.
Continuing, the Judge said: There
is no law either by statutory enact
ment or by any decision of our courts,
to prevent laboring men from stopping
work and going upon strike, when
ever in their own opinion it is for
their interest to do So Nor is there
any law which makes it a conspiracy
for workingmen in any department of
human industry to combine together
and by mutual agreemnt to refuse
employment until there has been
brought about a satisfactory adjust
ment between their employers and
themselves upon the points at issue.
The liberty of contract is not to be
infringed either by the employed or
by the employer.
1T is certainly true that both at
West Hazelton and at Lattimer the
great body Of the strikers
FAILED TO OBEY
the Sheriff when he ordered them to
dispense, and insisted on pushing on.
Nor can it 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 dispense, then it was the duty
of the crowd to obey his command
"Of course this obligation of obedi-
ence to the authority of the paece Of
ficer Of the county is not confined to
laboring men. 1t extends to and en-
braces all the inhabitants of the coun-
try rich or poor, high or low. II
you are satisfied, gentlemen, from the
evidence, that the purpose of the
sheriff and of the posse was to pre-
serve order and prevent riot, then it
would follow that the intent and OBJ
ject was not a 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 a desire
and intention to preserve the peace,
but that he summoned his posse with
the aim Of infiicting upon the body
of men known in the case as strikers,
wanton 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
50 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
criminal and unlawful combination
would be established, and then all the
defendants might be convicted, al
though the shot which took the life of
the deceased was fired by single one
of the defendants.
If undo all the evidence in the case,
YOU are not satisfied beyond a reasonable
doubt, that the sheriff and his possee
were impelled by criminal or unlawful
purpose. then the doctrine Of the law
which the commonwealth invokes, that
where there are many, the criminal act
Of one of them is under certain sircum
stances to be regarded as the criminal
act Of All. has no place in this case.
'.After a careful examination of all the
testimony, | am prepared to say that the
most if not the only material questions in
respect to which witnesses differ in their
statements as to the occurrence, at Lat
timer are first. as TO the number of men
who surrounded the sheriff after his eff
fort to arrest one of the strikers. Sec
ond as to the firing. was it continued
after the ranks Of the strikers had brok-
en- and wer. in retreat, or did it cease
when the yOlley was fired2
THE JURY THEN RETIRED.
Judge Woodward kept the court open
until nine O'Clock. when the jury not hav-
ing sent word to him that a decision had
been reached. he adjourned court until
10 O'Clock tomorrow morning.
ANOTHER INCIDENT"