The daily morning journal and courier. [volume] (New Haven, Conn.) 1894-1907, 1898-03-05
TRIAL OF SHERIFF MARTIN
JUDGE VIII DELIVER HIS CHARGb
TO TIE JURT TO-DAY.


The Arguments Will Follow and the End
of the Famous Case is Now Fairly IN
Sight-Defense Submits Document RE-
questing the Judge to Address the Jury
in Favor the Defendant.
Wilkesbarre, Pa, March 4.-Both
sides in the trial of Sheriff Martin and
on the case to-day SO far as evidence
timer strikers put the finishing touches
on the case to-day sa far as evidence
is concerned. At o'clock in the after
noon the case was ready for the judges
charge, but the defense unexpectedly
submitted the following sweeping and
important words: Counsel for defend.
ants respectfully request the court Ia
charge the jury, as follows: The sher-
iff is the chief conservator Of the pubs
lie peace within his bailiwick and Is
bound ex-officio to the performances of
this duty. For this purpose he may
command the posse comitatus or power
OF the county and every male over the
age of fifteen years is bound to obey
this call under penalty of fine and Inn
prisonment. II it is made to appear to
him that the tumult or riot is threat-
ened he may make the call. IN the de-
termination Of this fact he exercises a
judicial power and his Judgment, cam
not be examined into and reviewed ii
III prjOr
light of subsequent events.
Evidence that each one or particllz
lar ones acted Illegally or maliciously
IS not proof Of conspiracy. There III
no evidence in this case which would
warrant finding that the defendants
We're an unlawful assemblage. The
question of whether it was necessary
to resort to the extreme means OF firing
upon the strikers in order to dispers6I
them was one Of Judgment which can
not be questioned, even though it shan
appear that the firing was not neces-
sary if the judgment was honestly
formed and executed. If the jury find
that the prisoners had reason to be-
lieve that the strikers were about I'd
assault them and that they were III
danger OF loss Of life or Of grievoua
bodily harm, or of being overpowered.
then they had the right to defend
themselves by use of force sufficient
to repel the assault. II any deputy
wilfully, knowingly and nlaliciously
continued firing after the necessity for
firing had ceased and did by such firing
kill Mike Ceslake, he may be found
guilty under the Indictment, but toI
convict any one, the jury must be sat
isfied beyond reasonable doubt that
some person did fire and be able to
| identity, the person; that he did I'll VIII
fully and malfcious1y, intending to KIN;
! that Mike Ceslake was killed by such
person.
"As the testimony does not disclose
the identity Of any person who fired
| in the manner described, a conviction
! of any of the prisoners would not be
| warranted. Before any one Of the prfs-
| oners can be convicted, the jury must
| be satisfied beyond reasonable doubt
| that some one Of them had special
| malice toward the deceased or general
malice toward the whole body Of
| strikers, intended unlawfully to kill
someone of them; that such maliciously
| disposed did in fact fire and kill Mike
Ceslake; that the evidence clearly iden-
| titled that particular person. There
was no conspiracy among them to 40
an unlawful act or to do a lawful act
in an unlawful manner. Therefore the
act of one cannot be imputed to the
| others. Each one Is to be held ac-
countable only for what he himself did.
The evidence failing to identify the
person who shot Mike Ceslake there
can be no conviction under the indict-
ment." Judge Woodward took the
points and will pass upon them later.
Arguments will begin Tomorrow.
Judge Wood before adjournment said
that owing to the number Of ladies at
tending the trial he had ordered the
first two rows Of seats reserved for
| them.