The age-herald., 1898-03-09
JUDGE WOODWARD
 CHARGES JURY Discussed Power of Sheriff to
 Maintain Order. MEN HAVE RIGHT TO STRIKE But They Are Not JusiiiabIe in FOrcby Pre- venting Others From Working-The
 Case in the Hands of the Jury.
MEN HAVE RIGHT TO STRIKE

Wilkesbarre, Pa, March S.-All argu- ments in the case of the commonwealth against Sheriff Martin and his deputies were concluded today and the case given to the jury. No decision having been reached at 9 o'clock tonight court ad- journed until tomorrow.
 Judge Woodwards charge was exhaust i've. He discussed the power of the sheriff to summon posse and maintain order.
 Continuing, the judge said:
 ''There is no law, either by statuary enactment, or by any decision of our courts to prevent the laboring men from stopping work and going upon a strike whenever, in their opinion, it is for their interest to do so. Nor is there any law which makes it conspiracy for working men, in any department of human indus- try, to combine together, and by mutual agreement refuse employment until there has been brought about a satisfactory ad- justment between their employees and themselves upon the point at issue. The liberty of contract is not to be infringed upon either by the employed or by the en- ployer. As the employer has no right to compel man to work who does not wish to work, so also Is it true that the employe has no right to compel his fellow workmen to quit work if he wishes to work
 Disobeyed the Sheriff
 s'It is certainly true that both at West Hazleton and at Lattimer the general body of strikers failed to obey the sheriff when he ordered them to disperse, and in- sisted on pushing on. Nor can 1t be doubt ed that the sheriff had the right in the ex- ercise of the discretion vested in him by 4l. tha Nrdn And yvQ the right of the sheriff to command the crowd to disperse, then it was the duty of the crowd to obey his command. The right to give the order implies the duty of obedience to the order, and disobed1- ence is evidence of a riotous purpose. If I push on when the sheriff orders me to stop do so at my own peril Of the obli- gatfon of obedience to the authority of a public officer of a county Is not confined to laboring men. It extends to and em- braces all the inhabitants of the county, rich and poor, high and low"
 To Preserve Order
 If you are satisfied, gentlemen, from the evidence that the purpose of the sheriff and posse was to preserve order and pre- vent riot, then it would follow that their intent and object was not a criminal or unlawful one, and that the rule of the law which makes the act of one the act Of all has. no application to the facts in this case. -If on the contrary, you are con vinced by the evidence in this case that the sheriff was not actuated by a desire and intention to preserve the peace, but that he summoned his posse with the idea of inf1cting upon the body of men known in the case as strikers wanton and unnec- essary outrage and injury without refer ence to their action and conduct-if, in short, his purpose was base, malicious and wicked one, then so far as he was con- cerned if they understood his motive and acted with the same intent, the fact of a criminal and unlawful combination would be established and all the defendants might be convicted, although the shot which took the life of the deceased was fired by a single one of the defendants. The act of any one would in that event, be the act of all.'