New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-03-09
ARGrHENTS ~ THE LATTTNER CASE.
THE DEFENCE SUMMED Up RI THE FORMER AT
roRNI;Y- GENERAL. OF LIE STATE

THE Defence SUMMED Up RI THE FORMER AT
ToRNEY- GENERAL. OF THE STATE
vvilkesbsrre. Penn. March a--Ihe courtroom
was crowded this morning, when .x-State Attor-
ney- General Palmer began his argument for the
defence. In the trial OF Sheriff Martin and his
deputies lie spoke for nearly two hours, and he
said there three propositions In this case:
First-That there was rotlng IN and around
Hazeton from September TO September 10 last.
Second That Sheriff Martin was called to Halle
ton TO suppress this rioting. Thrd-That the mob
which marched to Lattimer riotous lawbreak-
ing and disordery.
He argued that II the jury believed the Sheriff
had given by direct command or previous in
struction the order 10 FIRE, then the deputies could
not be found guilty OF any crime. as they ooeyed
the order of their superior Officer. who was the
supreme power at the time.
IF you find that the strikers riotous.' he
said that they refused to obey the orders OF the
Sheriff that the Sherins life the deputies lives
were I'm danger then the shooting justified.
and neither the Sheriff nor the deputies can be
but the charge cannot be suhstantiated unless wc
find the man who killed him. one shot, from
%Rf Vino sn cd that So THe No one Then WIZ
are the Sheriff and the deputies here 49,,
address for the Commonwealth and had not wei
started before court adjourned. ,,,--,-. .....
II was after o'clock when Dlstr!ct-Attorney
Martin concluded his address. Judge woodward
Immediately began hs charge 10 ne JURY ,fnn 1or
took up tho question whether or rot such eo S
ons OF disorder existed in the region prior TO Sep
,ernber TO- the date Of the shooting as TO Justify
tho Sherffs action In calling out the posse conf
tatus I'm this connection he discussed the nature
OF the office of Sheriff his powers and duties; His
power" said the Court. as largely discretionary
In time OF great emergency or IN a crisis OF UNI
usual danger the limitg under which his discretion
may be exercised have been held by the courts 10
,rhere is no law either by statutory enactment.
by any decision of our courts, 10 prevent laoorng
men from stopping work and going on strlka
whenever in their opinion. IT IL for their interest
1T is certainly that at both West Hazleton
ana Latino the gree bodies OF ne strikers S
to disperse and insisted pushing on. Nor can
It he doubted that The Sheriff had the right, in the
exerciso OF tho discretion vested in him by the
law TO issue the order And II II was the right OF
the Sheriff 10 command the crowd 10 dispcrse then
IT the duty of the crowd 10 obey his com
III YOU arc satisfied gentlemen, from the. cyl.
dencc. that the purpose OF me Sherin ana oil mo
|, would follow that their intent and object WAS
not a criminal or unlawful one. and the rule OF the
law which makes the act OF one tho act OF al. has
application 70 the facts Of this case. r. on
tho contrary. you are convinced by the evidence,
beyond reasonable doubt. that the Sheriff and
his posse were inpeed by a crlmlna! unlawful
purpose. then the doctrine Of the law which the
many defendants the criminal act OF one OF them
IS under certain circmmstances 10 be regarded as
After a careful examination OF all OF the t1sti.
mony prepared 10 say that the most. II not
witnesses differ IN their statement as to the occur
renee at Lattmer are. first. TO the number OF
arrest OF the strikers; second to whether the
firing continued after the ranks Of The strikers had
the volley was fired The settlement OF these DISPUTED
points oy the jury may he important upon the cues
ton whether the posse comitatus, originally i Ia
yally constituted body, did or did not become an
unlawful assembage BY reason Of any subsequent
determination to disregard the law and commit
The t,rv then retired ~ deliberate