The sun. [volume] (New York [N.Y.]) 1833-1916, 1903-10-31
PARKS GUILTY. SECOND CASE,
~ nv ONLY III MINUTES ~ 80
AGREEING THIS TINE.
>uil0n That the Law Permits a Walking
Delegate to ENtort for Hts Unions
Rcncht Sternly Disposed or In the
Judges Charge--Senten ce Next Friday.

tuwn. was COW icted OF extort ion yester-
day in General Sessions for the second
ma" In z tiing $500 out OF the Tiffany
studios Company to settle a strike He
went back to the Tombs for week before
sentence, The ma xmum penalty is five
wears, He il already under sentence of
not less than two and a half years. but
has gppenled
II didn't take long The jury was out
fifteen minutes, and Juror explained
ullerward that even that time was I'M
necessary
We could have reached the verdict
without leaving our seats" he said, "only
ws thought it would look better to Use
more dcliberation. Upon our first bqllot
we found that al agreed"
Judse Newburger finished his charge al
O'Clock. At 4lO the Jury retired and
At As announced its verdict By 4:3O
Parks was back in the Tombs, even quicker
than lie expected to he. He admitted
rhat b" had given up hope when Assistant
Dlsric, Attorney Rand finished his sum
ming up, Judge Newburgers charge
cIiucied his belief.
None of the former tyrant's friends
was in the court room when the verdict
was announced. Before the Jury retired
Judge Newburger had the court room
cleared, Then, while the jury went to
the jury room, Parks took Il stroll TO the
prison pen. The court room doors were
kept locked and when the Jury returned
Parkss entertainment committee the
thugs he keeps to beat his opponents into
submission-did not even know out in the
corridor that a verdict had been reached
Tie news only filtered out to them after
their chief was on his way back to Jail.
When he was brought in to hear the
verdict Parks leaned over the rail in a
disoonsolate, Indifferent manner. He did
not straighten up when Clerk Brophy asked
the foreman:
Have you agreed upon your verdict"
we have" answered Foreman Schwiers,
and the verdict was pronounced guilty.
Parks gave his pedigree this time When
he Was convicted last August before Re
corder Goff he sullenly refused to answer
the questions. He said yesterday that he
was born In Ireland, lived at l3l East Eighty
third street, and had been convicted twice
before, once for assault and once for ex-
the back Of the court room leading to the
Tombs. AS he reached it an officer threw
open the big doors leading to the corridor,
outside which the entertainment COM
mittee" were. Parks stopped.
II want to shake hands with the gang
he said. The deputy sheriff only showed
him through the little door In the back of
the court room and ne was out OF sight
before the main doors swung wide enough
open to give those in the corridors chance
to look at him. The outgoing newspaper
men and jurors attracted their attention.
When they learned the verdict they melted
away like magic,
No one, not even Parks or his LAWYER
was surprised at the verdict; no. nor even
at the speed with which it was reached The
issue had been narrowed down so that the
only question upon which the jury had to
pass was whether or not the money was
paid voluntarily to Parks.
Judge Newburger in his charge disposed
in summary fashion of the contention
that a walking delegate did not commit
extortion In collecting a fine imposed by
his union. This was the contention made
by Parks and his followers when he was
arrested last spring upon the charge of
extorting s., 900 from the Hecla Iron Works
He said that the money was for waiting
time" and was paid over by him to his
union. Judge Newburger said that If money
was collected under threat that the
concern could not continue to do business
unless 1t was paid the collecting was an
extortion. Said the Judge:
This case IL to be determined upon the
legal evidence in 1t and without permitting
Yourself 10 be influenced by outside matters.
You are not here to determine the question
OF the right of men to organize or to determine
the question of the right of an organization
to impose fines or of an organization to
order strikes. You are here to determine
his question; Is the defendant, Samuel
P@Tks guilty or not gYblty OF , fxtoft9nT
Is mnutera No decisive word is necessary
10 convey a threat. Did this defendant
convey threat StrSngiy rs ana e!eary r ,ha{
with he would utilize the power he had by
preventing the company from finishing
charge you there need not be any overt act
of violence or threat by word Of mouth; II
they had contracts that must be fulfilled
and they were told that unless the money
WAS Intimidation under the law. II is inn
material what was done with the money.
Inc crime COnslsls VI tHe VI ~,
and II is immateral what disposition was
made OF the sum.
Parks was the only witness in his own
behalf. He went on the stand when court
opened, and on redirect examination by
hls lawyer denied that he got for himself
one dollar OF the $500 paid him. In summing
up, lis counsel tried 10 argue that II Il walking
delegate took money for his union and not
for himself he was not guilty OF eXtorlion.
1t was business proceeding He moved
Tor an acquittal and his motion was denied.
NO one wants to convict Sam Parks
because he If a walking delegate. SAID
Assistant District Attorney Rand in reply
ing You wouldn't listen to me for five
seconds II YOU thought ! was the KIND OF
attorney who would prosecute man whom
lie knew TO he innocent. Parks ~ not pros
ecuted because he il a union man II there
II one among you who thinks Parks ought
to I've convicted TO help the cause OF industry
and should convict on such belief and not
ON the evidence he IL false 10 his oath, un-
deserving the courts confidence, and 10 him
lhese remarks arc not addressed.
Az I o Pnrks's statement tina the Tifanyh
were hHud $500 by parkss union Mr., Rand
asErd. v hat sort Of IL country would this
e " any man or any set OF men outside oi a
out Of Justice could impose fine on your
Tin Mct arthy, tho indicted walk
W delegate ~ the hplisDsmiths Union
VINO has taken time by the foreluck AID
Las shipp'd 10 syoid trial, did rot
"ll"W Yesterday before Judge fostor
'"h'fal Sessions ~ respond 10 tho rhl
W" "ktnriOu cases against nm. Iils
Ihll vas declared forfeited Mr. RAND