The Wenatchee daily world. [volume] (Wenatchee, Wash.) 1905-1971, 1909-09-11

tri0ute from Juror.
"Darrow's argument and Warren's
speech put this case in a different
light" said Il. 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 l am not So
cialist, but as far as | am able to
determine | believe Warren is honest
and free from criminal intent" Finley
declared.
1t 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 petrified with establishment the
court. to whom his remarks were ad-
dressed. An age seemed to have
elapsed before Pollock recovered suff1-
GENTLY to proceed. 1t was very evil
dent that he did not know what to say.
Undoubtedly he had made up his mind
as to the severity of the sentence, but
emily upset his plans. Now he vibrated
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
United States district attorney had de-
manded that the full penalty of the
law. five years in the penitentiary and
5000 fine, he inflicted.
The Court In Doubt. but Pronounces
Sentence.
With halting tones and in manner
plainly denoting the confused condi-
ton 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 i'm his claim
that the government had sanctioned
kidnapping. The speech Mr.. Warren de-
livered will he kept as 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:
l 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-
nivance of the state officials of Idaho
and Colorado. The kidnapping of these
workingmen was acquiesced in by the
president and sanctioned by the SUI
preme court of the United States.
In referring to the manner in which
these workingmen were taken from
derstOod that no less distinguished
parsonage than Justice McKenna of
the supreme court Of the United States
used this term in dissenting from the
opinion of his associates. Justice Nc
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
kidnapping Is a crime. pure and simple.
= All Of the officers OF the law are
supposed to be on guard against this.
=" - But how is 1t when the law becomes
the kidnaper-when the officers of the
law. using the forms and exerting Its
power. become abductors? This Is not
distinction without difference. another
form Of the crime Of kidnapping. distin-
guished only from that committed by an
individual by circumstances. II a state
may say to one within her borders and
upon whom her process Is served. Il viii
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 have
ailuQeQ tOb In tnlS case certainty uiu uAtc,
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.
1t was during the heat Of this strug-
gle between the Western Federation
Of Miners and the wealthy Mine Own
ers' association Of the west that con-
ceived the idea Of Offering a reward
for Ex-Governor Taylor, who, as was
generally known. was fugitive from
Justice from his home state OF Ken
lucky and in hiding in Indiana. pro-
tected from the service Of requisition
by the governor Of Indiana, whose
position was Endorsed by Governor
Roosevelt of New York and every