The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-09

Wilkes Barre, March S.-The Martin
trial entered upon it's final stages to-
day. When court opened eN-State At
torney General Palmer began his argu-
ment for the defense. He attacked in
a sarcastic and cutting manner the
various attorneys for the prosecution
and going on with the body of his ar
gumert said there were three propo-
sitions in this case:
Eirst--That there was riOting in and
around IIa2letOn from the third to the
tenth Of last September.
Second--.That Sheriff Martin was
called to Hazleton TO suppress this
rioting.
Third--That the mob which marched
TO Lattimer was riotous, law-brcakinS
aud disorderly.
Mr.. Palmer took up each of these
points in detail and went over them,
spending most of the time over the
last one. lie argued that if the jury
believed the sheriff had given. by direct
command or previous instruction, the
order to fire. then the deputies could
not be found guilty of any crime. as
the& obeved the order of their SUPER
ior officer. who was the supreme power
et the time. lie had the right to judge
ana to execute, and could no more be
held responsible for any possible mis-
take than could the judge on the bench
whose decision is reversed by the su-
prone court. I've held responsible
IF ylu find that the strikers were
riotous. that they refused to obey the
orders of the sheriff. that the sherff's
lie. or the deputies lives were in
danger, then the shooting was justified
and neither the sheriff nor the deUu-
tics can be held"
The charge" he said. lis the muir
der of Mike Coslak, but the charge cam
not be substantial unless we find the
man who killed him. One shot, from
one gun, fired by one man, killed Mike
Coslak. Who fired that shot? No one
knOvS--n0 one but God. Then why are
the sheriff and deputies here"
Nlr. Palmer dealt particularly with
the law points in the case and finished
at L. O'Clock.
District Attorney Martin then COM
menced the final address for the COM
monWealth.
JUDGE WOODWARD'S CHARGE.
II was after o'clock when District
Attorney Martin concluded his address.
Judge Woodward Immediately began
his charge to the jury. 1t was very
lengthy but showed much care in prep
aratiOn After defining the various de-
grees of murder his honor said:
"It now becomes our duty, gentlemen
of the jury to direct your attention to
this question. Was there. in what is
known as the lIazleton region, just pri-
or to the tenth of September, 1897, such
a state of disorder and such a danger
of riot involving destruction of life and
property, as to justify the action Of the
sheriff in calling out the posse comit-
atus. The answer TO this question
must he made by you in the light of the
whole of the vast amount of testi-
mOny which has been taken in your
hearing, and which must have Impress
ed your minds in one way or the other,
and which, in all its aspects, has been
so thoroughly and powerfully present.
ed to yOIr consideration by the learned
counsel. But before you reach final
decision in your own minds on this
question it will be your duty to refer
yourselves to certain views of the case
founded on the law applicable to the
facts. And first among these will be a
careful consideration of the nature of
the office % sheriff under our form of
government with a view of ascertain
ing what power and authority is vested
in hum, and what ought to be the meth
cd and manner of exercising it. In
other words what was the power and
what are the duties Of the sheriff of a
county"
DUTIES OF A SHERIFF.
The office of sheriff is recognized in
the earliest annals of the English law.
1t is much older than Magma Charta
and the exact time of it's creation is
involved in much obscurity. But the
place and function of the sheriff is
easily determined. He has been, for all
times, the chief peace officer of his
bailiwck. Under all the systems of
government which have recognized the
law as the supreme rule of action, IL
has been found absolutely necessary to
vest i'm some one person the ultimate
power to preserve the peace, to quell
disorder and TO suppress riot. And this
person is the sheriff And his power is
largely a discretionary one. In time
of great emergency or in a crisis of
unusual danger the limits under which
his discretion may be exercised have
been held by the courts to be without
fixed limits. For this reason the mill
tary arm of the government is never
raised to suppress civil disorder until