Daily Arizona silver belt., 1909-11-05

Tribute From a Juror.
 "Darrow's argument and Warren's speech put this case in a different light" said R. J. Finley. one of the jurors who voted to convict and who sat through the proceedings of the day. "There is no question as to Warren's ability and sincerity. am not a So- ciallst but as far as l am able to determine l believe Warren is honest and free frcm criminal intent Finley declared.
 It is difficult to interpret the impress sion that was made on the mind of the court Ordinarily convicted prisoners accept sentence in silence. Warren's course petrlfed with astonlshment the court, to whom his remarks were ad- dressed. An age seemed to have elapsed before Pollock recovered sufii- ciently to proceed. It was very evi- dent that he did not know what to say, Undoubtedly he had made up his mind as to the severity of the sentence, but this speech from the prisoner appar. 
 between doubt and despair. Warren, possibly with a note of defiance, had announced that he did not ask or eX- pect clemency or mercy; that he was not guilty and was not conscious of having committed an offense. The United States district attorney had de- manded that the full penalty of the law, five years in the penitentiary and a 5000 fine, be inflicted.
 The Court In Doubt, but Pronounces
 Sentence.
 With halting tones and in a manner plainly denoting the confused condl- tion of his mind. Pollock began the pronouncement of the sentence with an apology in part and an attempt at argument in reply to Warren's speech,
 According to the Fort Scott Tribune, Warren's impassioned address made most profound impression.
 ''The fact that Judge Pollock stated he had given the case weeks and weeks of deliberation and had hardly known what to do shows that Warren may have had some merit in his claim that the government had sanctioned Kidnapping. The speech Mir. Warren de- liyered will be kept as a treasure by many who are with him in this case" declared the Tribune.
 Warren's Great Speech.
 The speech, which is destined to be- come immortal in revolutionary lit- erature, is as follows:
 I wish to call the attention of the court to the fact that this case Is the outgrowth of the Kidnapping of three workmen by the agents of the great mining corporations, with the con niyance of the state officials of Idaho and Colorado. The Kidnapping of these workingmen was acquiesced in by the president and sanctioned by the su- preme court of the United States.
 In referring to the manner in which these workingmen were taken from their homes as Kidnapping l wish 1t un- derstood that no less distinguished a. parsonage than Justice McKenna of the supreme court of the United States used this term in dissenting from the opinion of his associates. Justice Me Kenna, after reviewing the facts laid before the supreme court, said
 In the case at bar the states, through their officers. are the offenders. They by an Illegal exertion of power deprived the accused of a constitutional right . Ig n fnar fc rtr,a nd ell . Ali of the officers of the law are supposed to be on guard against this. But how Is it vixen the law becomes the kidnaper-when the officers of the law, using the forms and exerting its power, become abductors? This Is not a distinction without a difference, another form oS the crime of Kidnapping, distin- guished only from that committed by an individual by circumstances. If a state may say 10 one within her borders and upon whom her process is served, "I will not inquire how you came here; l must execute my laws and remit you to pro- ceedings against those who have wrong ed you" may she so plead against her of lenses? May she claim that by mere physical presence within her borders an accused person is within her jurisdiction denuded of his constitutional rights, though he has been brought there by her violence? And constitutional rights the accused (the three workingmen I have alluded to- in this case certainly did have, and valuable ones.
 Justice McKenna voiced my views and the views of every law abiding cit izen on this important matter touching the rights of the individual. But the supreme court declared otherwise and refused to grant the relief asked for by these workingmen and guaranteed to them by the constitution of the Unit. ed States and by every consideration of fair play and justice.
 To Test the Supreme Court.
 It was during the heat of this strug- gle between the Western Federation of Miners and the wealthy Mine own CTS association of the west that con ceived the idea of offering reward for ex-Governor Taylor, who, as was generally known. was a fugitive from justice from his home state of Ken lucky and In hiding i'll Indiana, pro- tected from the service of requisition by the governor of Indiana, whose position was indorsed by Governor Roosevelt of New York and every