The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1911-09-23

In its report:
AFTER careful consideration. of all
the testimony we find that Charles
e. Umsted had full knowledge of the
fact that a mob had collected for the
purpose Of lynching the negro, and
had advanced upon the hospital for
that purpose. and although repeatedly
notified Of the gathering of the mob
and Of the advance upon the hospital,
he refused to perform his duty as an
officer of the law or to direct his
subordinates to perform their duty.
Permitted It to Assemble.
1--WE also find from the testimony
that instead of dispensing the mob
when 1t gathered in the first instance,
he, with full knowledge of the pur-
pose for which the mob was formed,
permitted it to assemble and to ad-
vance upon the hospital.
1--WE feel that we would be justified
In concluding from a consideration of
all the testimony before US that he
aided and abetted the persons who
originated the plan to lynch Walker
and carried 1t into execution.
1--WE also find that with full knowl-
edge that the prisoner had been taken
from hospital and was being mur-
dered, he not only refused and neg
lected to make any effort to rescue his
prisoner or discover the identity Of the
criminals who were committing the
crime Of murder, but in effect by his
conduct and acts assisted the actual
perpetrators of the crime to consum-
mate the same without police inter-
ference and without detection.
"As in the case of Howe, we recog-
nize that whilst the evidence before
us would in our opinion justify the
conviction Of Umsted as an accessory
to the murder of Zach Walker, it
would be difficult for the common
wealth to demonstrate his guilt Of
murder beyond a reasonable doubt.
Would Not Have Occurred.
I'VE are entirely satisfied that If
Umsted had performed his plain duty
with ordinary firmness the lynching
of Walker would not have occurred.
Whether Umsted consciously aided
and abetted the designs of the actual
murderers may not be entirely free
from doubt, but the evidence before US
demonstrates beyond any possible
doubt that he is guilty Of a criminal
neglect of duty, and that his criminal
negligence resulted in the death Of
Walker at the hands of the mob.
In conclusion the jury says:
eve further find from the evidence
before us that Walter Markward, aged
81 years, and resident of Coates
willie, was one Of the participants in
the burning of the negro, Walker; that
while the fire was still in progress
he came down into the lane above
referred to from the immediate VII
cinity Of the iire and exclaimed, boys,
We made clean-cut job of it,"
Other Members Censured.
"We desire to censure the other
members Of the police force of
Coatesville who were on duty at the
time of this occurrence.
"It is inconceivable that they should
have no knowledge of what was
known to practically every other per-
son in Coatesville that night, but
there is no evidence before us which
in our opinion would justify US in pre-
senting the members of the police.
I'VE also feel that Burgess Shall
cross is deserving of censure. When
he was informed that the mob was
advancing on the hospital he started
toward home instead of making any
effort to send officers to the hospital
building.
| Received Message for Help"
Upon arriving at his home he re-
ceived a telephone message from the
hospital asking for help, and then
made some effort to comply with the
request
I'VE have already referred to some
of the difficulties which have at
tended our investigation by reason of
the citizens of Coatesville having
knowledge of the facts refraining from
communicating that knowledge to the
proper authorities.
This disposition has been displayed
to a marked degree by the members
Of the Brandywine Fire company
There is evidence before us indicating
that the suggestion to lynch the negro
who had taken the life of one of their
members originated with some of the
members of this company.
There is no evidence that the CON-
pany as a company is in any way re-
sponsible for the crime, but deter
mined effort has been made by the
members Of the company to shield
their fellow members who are sus-
pected of completely in the commits
sion of the offense.
There is evidence to show that
after the negro had been burned some
Of the members of this company re-
turned to the engine house and re-
marked, "well, we got rid of him any
how"
Unable to Identify.
"But we were unable to identify the
persons who made this remark
1T also appears from the evidence
before us that the members of the
company had been cautioned to re-
frain from discussing the lynchine
with any one. for fear that they might
be overheard by the detectives. True
it is a resolution was passed by the
company deploring the event and
pledging assistance to the officers OF
the law in detecting the perpetrators
but the matter has been permitted to
rest with the adoption Of the resolu-
ton
The men indicted were referred to
as murderers by Judge William But
! ler in his charge to the jury.
| The men held are William A. Gill