Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1903-04-09
A DISAGREEMENT
yIry iii Famous Patch Suit against
Labor Union Is Not
Agreeing.
HID TIE CASE IL" dOUR,
Mp A.. .nr, 20 A 80 and Wal
for the Crit Judge hascItoua
Charge -Sn Tvs Grounds
Which n -e"dict against
Union Gould To Eoun.

Rutland Ntun
IL O'clock this morning II IS expected at
midnight tonight the jury in the famous
Patch co. 10000 damage suit against the
1nachinists' union, will report disagree
mCut when county court rvCOnNcucS To-
morrow morning. Tho jurors put in an
Hrduous day in AN effort to reach a YER
dict. bat the division lines are 50 nrmy
drawn that it is understood they Will not
be able to reach an agreement ANA the
members are passing the long hours OF
the night in lighter occupations. Thoy
will remain locked in the jury room OF
the county court house until court comes
in, unless in the meantime by an uheN-
pected move a verdict is reached
Judge iiasoitous charge this morning
contained many important and rather
startling statements. Speaking OF the
mysterious disappo arances of the minutes
of the various unions sought unsucccsS-
fully 10y the plaintiff, the court said the
Jury is entitled to presume the suppressed
records are damaging to the parties spir-
iting them away. you can give To That
presumption such weight as you think 1t
ought to have, and you may ina ON that
presumption that the claim of the plaintiff
is true and that the claim of the deicnd-
ant is false, is untrue
Again i'm referring tn the circulars put
i'm by the plaintiff. Judge llascltolt word
ed his charge in sUcll "a way as To Indicate
that no matter which way the jury decid-
ed ON mat point the del'hdan's were ht
lauIt- Inc room was tio""cu uuilhS 'hc
CnnEe anu an az. many Pr"llJ nuns
about inc court mousse waiting luf tile YER
dict.
In opening judge Ilaselton said that
there were several questions Whlch were
olScusS'u dullhS inc ll'T""uc''oil "I ''a.l-
'nony which had no direci bearing on me
question at issue ANA were hol l"r me
70 ii 4rft h,af he
c!teu tue flEhl 10 form l"I'r uuiolS' 'he
right TO strike, both Of which had been
conceded By the plaintiff ana the uei,h-
dant.
Inc question was, the court SAID WllVtl-
or the strikers i'm exercising the right
which they mad, ihicri,rod win the same
freedom OF anyone else IN exercising tholr
equal rights. or with the freedom Ul the
+. II. Patch Manufacturing company.
'heY must conccdc To others inc same
rights which they claim for themselves.
The court believed that men who strike
may ask some one else not to take their
places but il they assume That the places
are still under their control it is quite an
other thing.
Relative to the nearing of the word
unlawful as applied to tho case, a niue h
discussed point in the arguments, tn"
court said that it covered the fro, dom Of
the employers TO hire men or Of workmtn
to obtain employment
The court in going over the nature of
the evidence laid special stress ON the
failure of the defendant to produce its
books. lie said TIN court ought To have
mower to compel the production of books
that are claimed to be material in u case,
in order to give Justice. II the books are
destroyed or spirited away, he said. the
power of the court is limited Judge IaSel-
ton told the jurors that if they were
satisfied there was fair probability of
the suppression OF the BOOKS mon the laws
say the jury may presume that the books
contain matter against tine party which
SUPPRESSED them and i'm FAVOR of the other
party.
Judge Hasclton referred to the claim Of
the plaintiff that the evidence tends n
show that there was undue influence or
coercion on the part Of tho defendant
which has resulted i'm damage to tho
plaintin. while the defendant claims that
so,u, mon had been asked not to take
positions. after the situation had been
fairly stated to them.
IHlSe H"lN' 'Il"' ~ "''' ''''' '," 'N