The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1898-01-31

+ sMlLhEs6aRtEtf Pa, Jan. JV..-lue
case OF Sheriff James Martin and his
eighty deputies. charged with murder
and felonious wounding OF a score OF
striking miners OF Latimer. this coun-
ty. September 10 last, Will be called for
trial in the criminal court next Tuesday
February I. It Is expected that the
trial will last q week, and It may be
longer before q verdict Is reached. Able
counsel have been employed on both
sides. District Attorney Martin will
be assisted in the prosecution by John
NJ. Garman, chairman OF the Demo-
cratic state committee. and John Nc
Gahren. Both are shrewd criminal
lawyers OF considerable experience,
each having served a term in the dis
trict attorneys office. They are en-
ployed by the relatives OF the men who
were killed. John T. Lanahan, one Of
the leading criminal lawyers OF this
section OF the state, will be the SEN
lior counsel for the defense. He will
be assisted by ex-State Senator
Kline, George H. Troutman, George s..
Ferris and possibly two other lawyers
OF note.
The first battle will be the selection
OF a Jury. The prosecution will attempt
I to eliminate from the box all men who
are In any any related to the many de-
fendants. It Is not at all likely that
any employe Of coal company Will be
selected A farmer jury would suit the
! prosecution, but 1t Is not likely that
the men from the rural districts will
predominant! In the box. The defense
will take care that no professional Ia
Dor leaders or others who may have
.prejudices against corporations are
chosen. AS there is large panel to Sc
,lect from, It Is believed there Will be
no trouble over the selection. OF twelve
competent men to try the case.
& More than hundred witnesses have
been subpoenaed,S but not all OF them
will be heard. In fact, 1t is not believed
that either side has any additional tes-
t!mony to offer from that given at the
preliminary hearing before the Judges
and at the coroner's Inquest.
The verdict Will depend upon points
, OF law more than upon the testimony.
The commonwealth will claim that the
strikers were only exercising their
rights as American freemen when they
marched on the public highways un-
armed. 1t will be contended that they
were not lawless; that they, had offered
no personal violence TO any one, and
that they were not bent on destroying
property.
y The lawyers for the prosecution will
quote decisions from the higher courts
to show that such a body OF men had
q right to. move on the public highway.
while engaged In peaceful mission.
On the other hand counsel for the de-
tense will charge that the strikers were
riotous, that they were armed, and that
their intention was to destroy property.
They will call witnesses to show that
the people living In the strike district
were fearful for their lives, and that
some of them moved away for safety.
1t will be shown that the sheriff had
come in conflict with the strikers at
Hazleton on the morning OF September
10, and that he, then and there warned
them by reading the riot act; that
they were violating the law, and that
they should dlsperse and go to their
homes. Instead OF accepting this ad-
vice they jeered the officers of the law,
and proceeded on their march to Lat
inner.
The Latimer mines were In opera,
5tion. the employees had no grievances
so far as known, and 1t will be averred
that the only object the strikers could
have In going there was to Intimldate
the men. The owners Of the mine had
appealed to the sheriff to protect their
property. and in attempting to do his
sworn duty In the matter, his deputies
came in conflict with the strikers. and
bloodshed was the result. The defense
will contend that this was the most
natural thing In the world. and that
under the circumstances It would be a
travesty OF Justice to hold the officers
OF the law guilty of murder. q.