The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1905-12-29

strike, but we also claim the right to
hire men for their places. We do not
recognize the right Of the organizer
to hang around our dOoryards.
Your honor is a Kentuc6ian- You
are aware that men sometimes have
alterations. But no man of honor
viii strike a man in the back.
IF the sheriff of Cowley county
does not keep A. Z. Irelan locked up
in Jail as the court directed, the sheriff
should be prosecuted for malfeasance
in office. It is not within the power
of the sheriff to reverse or modify the
order of the court"
Lays It On Devine.
c. T Atkinson, Irelan's attorney.
came back at Mr.. Lathrop with some
Il want to deny that this organiza-
ton had anything to do with the
wrecks which have been occurring. The
men who are in the mach1nlstS' union
are not the class of men to send their
fellow labOrers to death. I am glad
the attorney for the Santa Fe has
given this exhibition this afternoon. 1t
shows your honor to what extreme the
company was willing to go to secure
Irelan's conviction down there at Ar
kansas City. How is it that Arthur
Irelan never got into trouble except
when in the company of this man De-
vine, the paid detective of the Santa
Fe?"
Mr.. Kidd said: zone of the men
who spoke for the Santa F'e said that
the Santa Fe is intensely interested in
the rejection of the Irelan pardon.
The American Federation of Labor is
also intensely interested in having Ire
Ian pardoned. Our organization was
never before accused of espouSing MOB
law and train wrecking. We do not
stir UP trouble. Whenever any trou-
HE occurs. YOU hear about it,sbut you
do not hear about the hundreds OF
peaceable strikes which are fought and
won every year.
Il am not here speaking for Mr.
Irelan from legal standpoint know
nothing about the evidence IN the
case. I do know that Arthur +. ire
Ian is an honest, honorable and peace
able man. and all the evidence collect
ed nv the railroad companies can not
convince me that I am mistaken. II Is
our belief that if he has to serve out
that sentence he viii never come out
of that jail alive ,er,.a
A. NJ. Harvey of Topeka said: The
local nnachinists' union has asked me
to come up here and in their oensii
ask for Mr.. Irelan's pardon me 10
Deka lodge is composed OF young men
of high character, and they want me 10
saw to your honor that they do not pc
lieve ireland guilty. They think that
men like Devine, dissatisfied with the
nav received from their dirty work
are more likely to be guilty OF the
train wrecks than members or their
IreIan on Easy Street.
In his opening statement to the gov
ernor Mr.. Atkinson stated that Ire
lan's brother and sister died OF con
sumption, and that 1reIan hlmselI IS
not free from the disease he De
cIared that ex-County Attorney Tor
renee of Cowley county had insisted
that Irelan be thrown into foul and
unhealthy cell, but the sheriff had
allowed Irelan to stay in the ofhce OF
the Jail.
Mr.. Terrence said in reply: "The
fact is that Irelan is no more con-
fined to Jail than is the sheriff himself
Irelan takes his meals with ms 1amlly
at hotel sleeps at the hotel nights
with his wife and child, and comes to
the Jail in the morning. He does q
little desk work for the sheriff during
the day. I told the sheriff that
thought Mr. Irelan should be treated
the same as other prisoners. 1 say
now that I think Mr. Irelan should be
either incarcerated or pardcned-
County Attorney w. D. Kreamer OF
Cowley county. concurred in Tor
/ rence's remarks.
Judge Stewart. the Santa Fe gen
eraI attorney for Iowa, was present
and told in detail the history of Ire
lan's trouble at Fort Madison; how
he had slugged a Swede strike breaker
named Matteson and had paid a 5000
Judge W. R. smith. general attor-
ney for Kansas. said: This is an ap-
peal to the governor from the supreme
court Such a proceeding is not Gus
tomary. This trial by petition which
/ seems to have been adopted has no
weight The jury has considered all
! of these matters. The jury decided
that the man is guilty. This petition
/ signed by ten jurymen does not set
7 forth that Irelan is innocent. It
/ simply says that the jurymen think the
/ offense was too trivial to get beyond
/ police court
Judge Smith presented a counter
| petition, protesting against Irelan's
! pardon, signed by a large number of
/ the leading business men of Arkansas
| City.
In closing up the case. Governor
| HOch said: This is a very important
| case. without indicating what I will
I do in the matter, I viii say that I have
| given considerable study to the powers
/ of the executive in matters of execu-
/ tive clemency. 7 have concluded that
4 it is a prerogative of the governor to
! consider the guilt or innocence of the
/ accused. But this is a prerogatfve
which must be exercised with great
/ est caution. One can reasonably as
/ sumo that the judge and jury were
| better judges of the facts than can
the governor be. Only in rare cases
should executive clemency be extend
I ed on the ground of innocence. The
I rule should be that pardon is
{ granted rather as an act Of mercy
than an act of justice
1t is regarded as unlikely that Ire
Ian viii secure a pardon