Waterbury evening Democrat., 1903-11-28
BRILLIANT ARGUMENTS IN
 FABER'S SWITCH CASES.
Attorneys Durant and Kellogg Opposed By At- torneys Kennedy, Hamilton, O'NeiII and Dan- aher---The Day Was Trying One For the Accused Young Men---Judge WheeIer's Chdrge---Case Now In Hands of Jury.

2 7 ~
 l that they are guilty, and that doubt
 remained all through this case with
 the accused. Suspicious circumstance
 es; the boys being in WoIcott's pool
 room at night; or being out late; or go- l ing up to, or near Waterville, taking no part in the transaction and only
 present out of curiosity does not make them guilty of the offenses charged,
 but every principal known to criminal law directs you to find each not guilty.
 Proof must be established, solid
 substantial evidence must be furnish ed by the state, that the accused con spired struck the blows that felled
 the strike breakers to the ground, or
 assisted therein. Away with the theory advanced by the attorney for the state that these boys are guilty.
 Men planned the act. committed the 1 deed; men with an object in view, either gain or revenge. Guard the i'm terest of the boys on trial as you
 would expect some citizen to protect l the liberty of your own son if he was
 on trial under the same circumstances
 is the request I respectfully make to y
 "Gentlemen, I am nearly done in
 this case and thank each of you for, your kind attention These boys look
 to you as they should naturally for their liberty to jury composed of God fearing men. Some of you un-
 do1lbtedly have sons, and if by chance curiosity to see where others were
 going, or what they were doing they were led near place where a fight unknown to them took place, and their presence misconstrued
 and every circumstance or move they
 made turned into suspicious acts you l might be tempted to say if they were
 on trial like these boys, I believe they
 meant no harm, did no injury and
 must go free from this court room. The presence of these accused never lent the slightest aid in this assault. Boys never have been known in our day to plan for men, boys never gave encoura cement for men to break the
 laws, boys never take men or lead
 them on to any crime. Within the
 breast of each accused there has al- ways beat an honest desire for
 obedience, law and to do right. Their
 character is the very best, poor boys working in the factories in this city
 day after day to support themselves;
 some of them giving aid to parents,
 others left orphans when very young. Tn this busy city where temptations are greater than in country places, l they always lived within the law | Will you say now they are guilty and mark them with the degraded and the low, or will you leave them go to their homes free by your verdict of not
 guilty to live with their parents and friends they love so well?
 Mercy must not be pleaded here
 even in the defense of boys, but mercy which the law directs can be prayed for here and may He whose will and law stands supreme give light and aid
 to you, gentlemen of the jury, and set the accused free.
 Attorney Hamilton, in his argument
 asked if the state expected the accused to go on the stand and incriminate
 themselves. If they did testify, he
 asked, would they be prosecuted now
 and would the state have him to infer that it is still pursuing Wolcott. The
 days of the inquisition are over, torture
 is no longer tolerated in extracting con- fessions from men charged with crime and only in China, Russia and Turkey is such effete civilization lingering
 Misuse of power is a thing we all hate. In all the evidence given, with all the power of the state behind it, the police
 and Pinkerton detectives and the prose cution failed to produce one witness to testify that the accused struck one blow, put stones on the track or took l active part in any way in the alleged
 assault. There has been crime com
 mitted and somebody committed it. That is a statement said Attorney Hamilton, which dropped from Attorney Durant. Had he thought it 1 over. he would never have used it. It is one of the unfortunate expressions which have been used by the state. 1 but it is fortunate for the accused. for tT1nate for the cause of law and justice Somebody committed crime. and, somebody must suffer, it matters not who. but somebody must be made to suffer. If that is the policy of the state
 ruin and anarchy must follow.
 The final argument was made by Attorney Kellogg for the state He l opened regretting he lacked the silver- tonguad oratory of Attorney Kennedy and the caustic, biting and poetic
 fiuency of Attorney Hamilton. He
 would confine himself solely to the
 evidence. The case was an important one to the accused, but also to the state
 and it's inhabitants. He would have it understood that all that the state de- served was respect to it's laws. There is no vindictiveness in the case, noth- ing sought: but fair trial and just
 verdict. He designated the assault as
 eowadly and dastardly. Merna and
 Morrisette were struck down as they
 were leaving the car. struck down not
 by one. or two. but fifteen, and kicked and beaten while on the ground. He
 pointed out the feeling dwelling in the
 minds Of the acc11sed toward the car
 crew by their reference to them as "scabs.'' Mir Kellogg claimed that the
 accused saw the car crew laid or