The star. (Reynoldsville, Pa.) 1892-1946, 1902-01-29

meuts you have been sworn TO try con-
tain four counts. The first two charge
substantially the same offense namely,
riot as defined at common law. The
first count charges the riot generally as
having been committed within the
county and the second charges II
specifically as having been COM
mitted on the premises OF the
American Silk Company, within the
county. The third count charges an
aggravated riot, as defined by act Of
assembly, and the fourth count charges
an assault and battery. In order that
you may intelligently ascertain and des-
ignate the offense committed, II you
are satisfied from the evidence that any
offense whatsoever was committed, we
will define to you the several crimes
charged against the defendants and
point out their essential elements which
must be proven, beyond a reasonable
doubt, before conviction can follow.
Here Judge Reed gave lengthy de-
finition of the offenses charged against
the defendants, which we omit.-ED.1
The gist of the offense In third count
is the tumultuous demolishing, pulling
down or destroying, or beginning to de-
molish, pull down or destroy any build
ing, machinery, etc. Now, gentlemen,
we are not satisfied that the evidence
In this case is sufficient to submit to
you on the question OF whether these
defendants, or any Of them, made an as
sault on the Enterprise Silk Co. mill,
or on any Of the machinery contained
In 1t, with the intent to demolish, pull
down or destroy the same. II riot
was committed by these defendants. or
any OF them, the evidence would not
warrant the conclusion that the object
or purpose of that riot was TO demolish,
pull down or destroy the building Of
this silk company, or Of any Of the ma
chinery contained in 1t, and we are,
therefore, constrained to instruct you
that there can be no conviction, In any
event, on the third count Of these in
dictments. Whether the defendants,
or any of them are guilty Of the offense
Of riot at 'mmon law is question for
your det' ination under the evidence,
and as to mat we intimate no opinion.
But we instruct you to find them not
guilty of the statutory riot charged
In the third count OF the indictments.
The Commonwealth alleges that the
defendants with a large number of
others congregated on the property and
in the vicinity Of the silk mill; that
their object was to force out the en-
ployees of the silk mill company and to
interfere with and injure the company
in its business, and that they attempted
to execute this object by such demon
stration Of force and by such conduct as
amounted to tumultuous disturbance
of the public peace, and that their
manner was SO violent and turbulent as
to terrorize the employees Of the COM
pany and to interfere with the work
and business of the company; also that
the defendants and others acting with
them assaulted and hit some OF the
managers and employees Of the COM
pany with stones and other missiles,
and ~ t.they broke windows and ma
chine ie building Of the company,
and the commonwealth therefore asks
that the defendants be convicted both
of riot and OF assault and battery. On
the other hand the defendants, who
marched in the procession, allege
their object in forming into procession
with Others and marching to the music
OF band, on the day in question. was a
perfectly honest and legitimate one;
and the defendants, generally, allege
that they had no purpose or intention
either to force out the employees Of the
silk company, or to terrorize them, or,
in any manner, to interfere with the
work or business OF the company, and
their sole object was to display the
strength OF the labor organizations and
unions in and about Reynoldsville.
Moreover, they allege that their DEM
onstrations did not involve a purpose
to break the peace, nor were they cal
culated TO occasion or result in violence;
and the defendants further severally
allege that they did not commit q
breach OF the peace; nor did they incite,
encourage, counsel, aid or abet others
to do SO, nor did they join or act with
any person or persons who may have
committed acts Of violence; and they
also allcge that the managers and en-.
ployees Of the silk company created and