Barbour County index. [volume] (Medicine Lodge, Kan.) 1880-current, 1898-03-16
UNAVENGED.
Sheriff Martin and His Depu>
ties Acquitted.
The Jury Could not be Trusted and
The Jndge Explains Away the Crime.

The jury in the case of Sheriff Mar
tin and his deputies, charged with
the killing of strikers at Lattimer on
September 10 last, have returned a
verdict of not guilty.
Long before the time for court to
convene, there was big crowd await
ing to gain admittance to the court
room, and when the doors were thrown
open, there was a wild rush, but only
limited number were admitted.
Judge Woodward did not take his seat
on the bench until five minutes after
10 O'Clock, the jury coming in few
minutes later. When the jurors had
| taken their seats the roll was called,
each man answering to his name.
The clerk then asked:
Gentlemen of the jury have you
agreed upon verdict?''
The foreman replied. eve have"
at the same time handing the clerk
the written verdict, which was promp-
ly passed to Judge Woodward.
After reading the verdict the Judge
returned the paper to the clerk. The
latter addressing the jury, said: Gen
tlemen, your verdict in the case of the
commonwealth VS.. James Martin ct
al, is not guilty. So say you ALP"
1--WE do" was the reply.
The jury was then po11ed and each
juror answered not guilty as his name
was called.
When the jury retired last evening
they took only one ballot and that was
unanimous for acquittal. It is said
the jury was prepared for a verdict be-
fore leaving the box. After the Jury
had been thanked and discharged by
Judge Woodward, District Attorney
Martin asked that the defendants be
required to continue their bail bond as
there are still IL indictments for muir
der hanging over them, and 300 for
feloniously wounding. The bond was
continued as requested.
| ~ASbOA NY A4oi III says HS
has not decided what to do with these
other cases. The prosecuting commit.
tee, it is said, will insist upon further
prosecution.
Judge Woodward in his instructions
to the jury, after reviewing the condi
tons prevailing in the region previous
to the conflict at Lattimer, took III
the incidents immediately preceding
the shooting.
He said it was certainly true thai
the great body of strikers failed to
obey the sheriff when he ordered then
to disperse and insisted in pushing on
Nor could it be doubted, he said, tha-
the sheriff had the lawful right to is
sue the order, and if it was the right
of the sheriff to command the crowt
to disperse, then it was the duty oil
the crowd to obey his command
eff push on when the sheriff orders
me to STOP the judge added, 81 do sc
at my PERIL
Continuing, he instructed the iur,
that if they found from the evidence
that the purpose of the sheriff and his
men was to preserve order and pre-
vent riot, then it would follow thai
their intent and object was not 4
criminal or unlawful one
In conclusion the judge stated thai
the most, if not the only material ques
tions for the jury to decide were, frs
as to the number of men who surround
ed the sheriff after his effort to arrest
Que of the strikers, and second, as t.
the firing, whether it was continued
after the ranks of the strikers hat
been broken and they were in retreat
or whether it ceased when the wolfe,
was fired. 1t was question whether
the men shot in the back received
their wounds while running away OF
while they surrounded the sheriff.
| CHLa Dafo~...