Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1898-01-31
4 NOTABLE TR|AL
viii Be That of Sheriff James Martin
and His Deputies,

which Will Be Commenced at
WukesbarIe, Pa, To- Morrow
Morning-Able Counsel Engaged
m Both Sides, and More Than
Fundred Witnesses Summoned.
The Case May Turn on Law Points
Rather Than Testimony.
Wlkesbarre, Pa, January 30.-The
oss4 of Sheriff James Martin and his
.;,atv deputies, charged with murder
and ielonious wounding of a score OF
striking miners at Lattimer, this coun
ty ssDtember 10th last, will be called
fo9 trial in the Criminal Court next
Tuesday, February 1st. 1t is expected
thai the trial will last a week, and it
nav be longer before verdict is
reached. Able counsel have been en-
moved on both sides. District Attor-
new Martin will be assisted in the
ntcsecution by John NJ. Garman,
chairman of the Democratic State
Committee, and John McGahren. Both
are shrewd criminal lawyers of con-
siderable experience, each having serv-
ed a term in the district attorneys
office. John T. Lenahan, one of the
leading criminal lawyers of This section
Of the State, will be the senior coun-
InfonC0 will no
sisted by ex-State Senator Kline, Geo.
II. Troutman, George S. Ferris and
possibly two other lawyers of note.
THE FIRST BATTLE
will be the selection of jury. The
prosecution will attempt to eliminate
from the box all men who are in any
way related to the many defendants,
IL is not likely that any employe of a
coal company will be selected. A
farmer jury would suit the prosecution,
but it is not likely that the men from
the rural districts will predominant
in the box. The defense will take care
that no professional labor leaders or
others who may have prejudices
against corporations are chosen.
As there is a large panel to select
from, it is believed there will be no
trouble over the selection of twelve
competent men to try the case.
More than a hundred witnesses have
been subpoenaed, but not all Of them
VIII be heard; in fact, it is not be-
lieved that either side has any addi-
tional testimony to offer from that
given at the preliminary hearing be-
fore the judges and at the coroner's
inquest.
THE VERDICT
will depend on points of law more than
upon the testimony. The Common
wealth will claim that the strikers
were only exercising their rights as
American freemen when they marched
on the public highway unarmed. 1t
Will be contended that they were not
lawless; that they had offered no per-
sonal violence to any one and that
they were not bent on destroying prop
erty.
The lawyers for the prosecution will
quote decisions from the higher courts
TO show that such body of men had
right to move in public highway
while engaged in peaceful mission.
On the other hand, counsel for the de-
Tense will charge that the strikers
were riotous, that they were armed
and that their intention was to de-
s.roy property. They will call wit
resses to show that the people living
IN The strike district were fearful for
their lives and that some of them
Hoyed away for safety.
Il Will also be shown that the sher-
NJ had come in conflict with the strik
ers at Hazleton on the morning Of
antember 10th, and that he then and
there warned them by reading the
isiot Act that they were
VIOLATING THE LAW
ana that they should dispense and go
(o their homes. Instead of accepting
thls advice they jeered the officers Of
'ne law and proceeded on their march
y l.attimer.
he Lattimer mines were in opera
non The employees had no grievances
20 far as known, and it will be
e1od that the only object the strik-
eis could have had in going there was
10 lntimidate the men. The owners
w me mine had appealed to the sher-
pa 70 protect their property, and in
tempting to do his sworn duty in
,is matter, his deputies came in con-
met with the strikers and bloodshed
Vas the result The defense will con-
"ad that this was the most natural
.Aing in the world, and that under the
'"eumstances it would be travesty Of
justice to hold the officers of the law
s-lity of murder.
w. II II WITHIN MAN