The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1898-03-09
IN THE JURYS HANDS.
Sheriff Martin and His Deputies
Now Awaiting the Verdict.
CHARGE OF JUDGE WOODWARD.


the Sheri1's Orders TO Disperse.
Wilkesbarre, Pa, March 9.-The fate
of Sheriff Martin and his deputies, on
trial for the shooting of strikers at Lat
timer, was given 20 the jury at 5
o'clock last evening. Judge Woodward
kept the court open until o'clock, and
the jury not having sent word to him
that a decision had been reached he
adjourned court until this morning.
NE final arguments attracted a large
crt Vd 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
dividual 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
very lengthy and showed much care
| in preparation. After defining the
various degrees of murder he declared
| ii was a duty to consider whether,
| prior to the 10th of September last,
such a state of disorder and danger of
riot involving destruction of life and
| property, existed as justify the sheriff
in forming a posse for protection. He
quoted at length the laws relating to
| the duties of sheriffs, and read the
| Pennsylvania statute of 170E 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-
ton 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, it is for their interest Sc
| to do. Nor is there any law which
makes it a 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.
LAS the employer has no right to
compel a man to work who does not
wish to work, so also is it true that the
employe has no right to compel his fell
| low workmen to quit work if he wishes
to work The distinction between the
right to strike and the right to compe
others to strike is a natural and palp-
able one, and is approved by the in
stinctive law of right and wrong, as
well as by the statutes and the de-
cisions 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 tha
the action of the sheriff's posse was
criminal action-that the original cal
for the posse was unnecessary, or ever
justifiable, that the subsequent action
and especially the shooting on the 10tl
of September, cannot be justified unde
the evidence, and that therefore the ac
of any member of the posse was tn
act of all the members Of it, for whicl
every one is equally responsible in tn
contemplation of the law. The law 4
that where several persons take par
in the execution of a criminal purpose
all are equally liable for the acts o
each, and for the incidental and prob
able consequences of the joint pur
pose.
"It cannot be doubted that the dut
of a sheriff is to prevent the danger
as well as to suppress riot. 1t is Ger
tainly true that both at West Hazleto
and at Lattimer the great body of tn
strikers failed to obey the sheriff whe
he ordered them to disperse, and in
sisted on pushing on. Nor can it b
doubted that the sheriff had the righ
in the exercise of the discretion veste
in him by the law, to issue the ordel
And If it was the right of the sheri
to command the crowd to dispers'
then it was the duty of the crowd
obey his command. This obligation {
obedience to the authority of the peac
officer of the county is not confined
] laboring men. 1t extends to and en-
braces all the inhabitants of the cour
ty, rich and poor high and low.
company composed of the mos
wealthy and most prominent men {
a community, If marching upon a pull
lie highway, at a time or under sue
circumstances which in the judgmeI
of and discretion of the sheriff render
ed such a demonstration dangerous
the public peace, would be bound
disperse II ordered so to do And con
. pnance with the order should
prompt and complete.
'It is claimed by the commonwealth
that after the firing of the volley SON
one of the defendants left the line
the deputies, and continued to sho
at the strikers as they fled to the rea
Some of the witnesses for the prosec'
ton swore that such was the case. b
this is strenuously denied by all Il
G witnesses for the defense who were {
the ground, and there is no undisput'
evidence Identifying one of the defen
= ants as the party implicated in al
such movement.
After a careful examination of {
of the testimony l am prepared to 81
that the most, If not the only, m
S, terial questions in respect to which t
witnesses differ in their statement
to the occurrence at Lattimer are fiji
- as the number of men who surround
the sheriff after his effort to arrest o
of the strikers, and second as
whether the firing was continued aft
the ranks of the strikers had brok
and were in retreat, or did 1t cea
when the volley was fired"
A thrill of terror S experienced whei
brAssy cough of Group sounds through
house at night But the terror soon chan
to relief after One Minute Cough Cure
e l.Ns