Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-06-16
WAS ONCE CONVICTED
Trial of George A. Pettibone in
Idaho in 1892.
TWO YEARS THE SENTENCE
Judgment Set Aside by Supreme Court
of United States.
FLAW FOUND IN INDICTMENT
One Of the Witnesses Tor the Govern
ment Riddled With Bullets.
Narrowing Tales.
TWO YEARS THE SENTENCE
FLAW FOUND IN INDICTMENT

closely Following the sensational disclos-
ure made by Harry Orchard in his public
confession upon tho witness stand in the
remarkable trial now in progress In Boise
| CITY, Idaho. attention has been called to
the fact that at least one Of the defendants
IN that case. George A. Pettibone, once be-
fore faced a jury OF his peers for alleged
participation in an almost Similar series of
| miners troubles in the same state. Petit
| bone was convicted after trial at a special
| term OF the criminal court for the northern
district OF Idaho, held in Occur dAlene
City. Idaho. In 1892 He was sentenced to
| serve term Of two years in the Detroit
house OF correction, at Detroit, Mich, and
the records of the Supreme Court of the
United States show that only a technical
nav In the indictment saved Pettibone and
| those who were convicted with him from
| paying the penalty of the law.
BY peculiar coincidence Judge Fremont
| Wood, who is sitting in Judgment in the
| present trial in Boise City, was the United
states attorney for the northern district of
| Idaho In the prosecution Of the case fifteen
years ago.
Members Of Local Bar.
| The records Of the Supreme Court also
| show that F. B. Crossthwaite, a member
of the bar of the District of Columbia, act
ed as special assistant for the government
In that famous case in 1892. he being desig-
na'e M,l by the e then men Attorney General f.
presenting the case against Pettibone and
| MS co-defendants Still another Washing
ton name appeared in that case. C. w.
] Bushnell, graduate of law in the District
| OF Columbia. beanie involved with the min
| ers, and he was indicted for conspiracy
with Pettibone and the others. Bushnell,
| however, was declared by the jury to be
| not guilty -i f'., ''--.'
Conspiracy involving an alleged violation
OF section $40 of the Revised Statutes of
| n a.
charge upon which Pettbone SO nearly
| came a cropper in 1892, and the troubles
which illuminated in the legal proceedings
| stretched through most of that year. At
| that Time as in the case now on trial in
Idaho. the Occur d'Alene district In Idaho
inquired as the setting for a series Of out
| associated with them were made to paw the
penalty in human life and in dastardly de-
struction of private property for the oppo-
sition they offered to the will of orga nized
| labor as exempliied in the miners unions.
Judge Beatty sat upon the bench in the
| u lai OF that case. and the confession of
| week showed how narrowly Judge Beatty
on several occasions escaped the vengeance
| Of the unions.
| History Of the Trial.
| According to the history of the Occur
| d Alene trial Of 1892. as written upon the
dockets OF the United Ctates Supreme
Court, 1t seems that the miners in Ward
ner' Wallace. Occur d'Alene and other
| mining centers in Idaho had entered upon
| a strike, and the mine owners were max
ing the usual struggle to operate by i'm
| porting laborers from other sections Of the
| country. Troubles doomed largely upon the
| horizon. and 1t was claimed acts of yio-
| fence and other favOrite methods of intimi-
cation were being used to scare away the
| that the various miners unions were cited
TO show cause. before. the circuit court of
| the northern district of Idaho why a per-
| manent injunction should not issue against
| them, and, pending the hearing, q tempo
| rary restraining order was issued-.Intend-
| ed to restrain the defendants or any
| other persons from interfering with the
,aDorers on the Bunker Hill and Sullivan
| Mining Company's workings by the use of
| threats or intimidation or force"
| II seems that the temporary Injunction
dld not have the desired effect because
| the matter was called to the attention of
| special grand jury in Occur d'AIene CITY
| and the presentment found by that body
| charged in Substance-that George a
fettibone and others entered into a con-
spiracy to commit an oftense against the
United States by obstructing and imped-
ing the due administration of Justice In
the United States circuit court for the
| northern district OF Idaho; that the par
| ticular facts and acts were in substance
| that on the 25th Of May, 1892, in an ac-
ton pending in the court in which the
\ Bunker Hill and Sullivan Mining Com.
1 PAtS "oo SohpiSaiudHt, ana the Miners
| Union of Wardner and others were de-
| PENDANTS. a restraining order was issued
| intended to restrain and the in
dictment further recited that the defend
| ants by the use of threats and intimi-
| dation did compel the employees of Bun
ker Hill and Sullivan Mining Company to
| cease work"
| Demurrers to Indictment.
Many demurrers were filed to the in
| dlctment by the defendants, -sngly and
| collectively. and there were many peti-
| tlcns hled In the court for the separation
OF the cases Of the defendants one from
| another: The original style of the case
was; me United States VS.. Peter Breen
ct al. Breen secured a separation of his
case. and September Z, 1892, George A
Pettfbone and the others went to trial
| The hearing Of the case consumed three
| exciting Incidents September % the iurv
| returned Its verdict to the effect thai
George A. Pettibone. John Murphy. M T.,
Devine anc G. Sinclair were guilty as in
! dlcted C. w. Bushnell and others were
found not guilty. Events moved rapidIv
| for the convicted men because on that
same court day Judge Beatty denied a
| motion Tor new trail, called upon the
defendants for any reason why they
should not be sentenced and imposed the
penalty OF the law as follows: Pettibone
TO serve two years in the Detroit House
| of Correction. Murphy fifteen months and
Sinclair and Devine eighteen months aacb
! in the same prison.
An appeal was taken, and Pettibone was
placed under $1,000 bond and each of the
| others under $4,000 bond In the course of
the plea for a new trial and for an appeal
| the attorneys for the defendants made the
claim that the Indictment was defective
and they took particular exception to the
| refusal of Judge Beatty to permit more than
! three peremptory challenges by the defense
The refusal to grant fourth challenge re.
! suited in ]. w. Bergman. n man whom
| the defendants united in opposing sitting
| on the jury. The attorneys also took par
| ttcular exception to one paragraph in Judge
, Beatty's charge to the jury. in which he
| said: Another request of the defendants
| which I refer to here. is rs to crimes
against the state of Idaho. which are not
| to be considered in this trial. That is true
| The testimony has shown, perhaps. that
offenses have been committed lives have
| been lost which might be construed as muir
ders. property has been destroyed for which
somebody might be held under the laws of
| the state for punishment. We have nothing
| to do with these offenses. You are not to
hnII thn daft p1orf fnr