The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1898-03-09

timer on September 10th returned a YER
dict of not guilty.
Judge Woodward began his charge to
the jury soon after 4 o'clock yesterday
afternoon.
After reviewing the conditions prevail
ing in the region previous to the conflict
at Lattimer, Judge Woodward took up
the incidents Immediately preceding the
shooting.
He said it was certainly true that the
great body of strikers failed to obey the
sheriff when he ordered them to disperse
and insisted in pushing on. Nor could it
be doubted, he said, that the sheriff had
the lawful right to issue the order and if
it was the right of the sheriff to command
the crowd to disperse then it was the
duty of the crowd to obey his command.
IF 1 push on when the sheriff orders
me to STOP" the judge added, Il do so at
my peril"
Continuing. he instructed the jury that
if they found from the evidence that the
purpose of the sheriff and his men was
to preserve order and prevent riot then
it would follow that their intent and OBJ
ject was not criminal or unlawful one
In conclusion the judge stated that the
most, if not the only material questions
for the jury to decide were, first, to
the number of men who surrounded the
sheriff after his effort to arrest one OF
the strikers, and second, as to the firing,
whether it was continued after the ranks
OF the strikers naQ Deen broken ana Iney
were in retreat, or whether it ceased when
the volley was fired. It was a question
whether the men shot in the back receiv-
ed their wounds while running away or
while they surrounded the sheriff. their
backs toward his posse.
Long before the time for court to con
vene this morning there was a big
crowd waiting to gain admfttance to
the court room, and when the doors
4
rush, but only a limited number were
admitted
Judge Woodward did not take his
seat on the bench until five minutes af-
ter ten 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 a verdict?"
The foreman replied: 1--WE have" at
the same time handing the clerk the
written verdict, which was promptly
passed to Judge Woodward.
After reading the verdict, the judge
returned the paper to the clerk The
latter, addressing the jury, said:
Gentlemen, your verdict in the case
of the Commonwealth VS.. James Mar
tin, ct. al, is not guilty, so say you
alp
1--WE do was the reply.
The jury was then pOlled and each
juror answered not guilty as his name
was called.
There was an attempt at applause,
but it was quickly suppressed by the
judge.
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 before
leaving the box.
After the jury had been thanked and
DISCHARGED by Judge Woodward, Dis
triet Attorney Martin asked that the
defendants be required to continue their
bail bond. as there are still IL indict-
rnents for murder hanging over them.
and 3O6 for felOniOusly wOunding- The
bond was continued as requested
District Attorney Martin says he has
not decided what to do with these 9TH
er cases The prosecuting committee, 1t
is said, will insist upon further prosecu-
4ior