The advocate. [volume] (Charleston, W. Va.) 1901-1913, 1907-07-18

- Wy" SS"iSSSt AGnS4ANAsCert0in In$0SurB
disintegnate t6es SlSments or an OF,
tense, and dtyidA sif&up into two or
three .diftereht 90 Snses, yet involy,
Ing the same testirnSny and the same
circumstances andthe same, condi,
tions, and espeof1 is this true In
regard to those pasas that more or
less have the element OF conspiracy
in them; whiletsitis true that we
have this section.--the section In re-
gard to conspiracysyet In this case
RI am absolutely satisfied that tho In
|dictments against these individuals,
charging them NTH conspiracy,
which would have Carried with It the
penalty Of imprisonment. can not be
sustained under the tstimony in this
case, and under Observation-Disclosures as,
they have been dassloped here dur
ing this court. IIay am absolute.
~ satisfied that there was not, while
there were clcsnents and there were
circumstances that pointcd to 1t, suf-
flcient evidence toseonvict, yet In
view OF the facts and circumstances
which surround This ease, do not
believe that's there WAS any precon-
ceived, precOneertsd plan or con-
spiracy on the part of the officers to
get possession OF these men and COM
pei them to work there for a debt
which they advanced There are
two or three reasons why this is;
in the first place the transaction, it
was OF no long standing, and it is
Uncomfortable, looking these men In
the face-looking Ritter in the face
looking Wolfe I'm the FACET is
Uncomfortable to- me l say to believe
that these men, for the paltry sums
OF money involved went to New.
York and got these men, paid their
transportation and got them into
their debt for the purpose OF violat-
ing the law. do not think that
they had any such plan or idea, and
therefore l say in5the strongest way
that l approve absolutely of the sti-
puEation made~bY government
say that it was wise, it was proper,
it was the thing for them to do un-
der the law which says that in any
crimel charged against a person, that
the word person. shall refer to and
include corporations; under that
general provision. applying to this
statute, in other words, to corpora
tions. it was wise to allow this case
to settle and determine the whole
matter here.
"NoW, I want to "call your atten-
ton to the Indictment. and the sit
uation that I am Econfroned with. |
1t is true that IN this stipulation
it is expressly provided that the pun
ishment l shall be of such a charac-
ter as to include g4Snese offenses
charged against THESE individuals.
Having the strong ebnviction as I
have that these indictments against
the individuals can not be maintain
tanned, that the circumstances were
not such as to make out a case of
conspiracy, and can not well be un-
der the conditions the very condi-
lions that existed, therefore l. do
not intend that punishment shall
be given for the offenses which I do
not think can be maintained, so that
will have very little weight with me
in fixing this fine" ~
Judge Dayton then carefully read
the indictment and struck out twel-
We of the % counts contained there
In He thus continued
$50 gentlemen, on that Indictment
when / impose my fine, it seems to
me that there are ten counts upon
which this company can properly be
required to enter this plea of guilty.
and that 1t would not be matter
OF right and justice to require them
to enter judgment upon any other of
these counts.
Now the question comes up, how
many Of them in the exercise Of nv
discretion shall l require them to
confess on, and then what sums T
snail assess as a fine for the viola
ton OF each count. I'm settling that
matter, have tried earnestly to look
at that matter from, all standpoints
Of view. I have tried to take into
consideration the interest that the
government and the people at large
can have in this question, and in
That connection it is proper for me
to call attention to the fact that this