New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-12-27
Anderson in His Charge in 0y.
Mantle Case Declares Or.
ganized labor Is Not
Unlawful.
NOW IN HANDS OF JURY
Court Adjourns Until To-day,
Preventing Return of a Ver-
dict Before This Fore
noon-District Attorney
Criticises Kern.

Indiana polls. Dec. 26-Whatever Is TO
be the outcome of the three months
dynamite conspiracy" trial, In which
forty labor union officials are accused
of completely in the Mcnamara plots
to destroy property, including the
wrecking of the Los Angeles Times
building where twenty-one persons
| were killed. now rests with the jury.
Judge Albert B. Anderson few
minutes after 3 o'clock tonight In
structed the jury and ordered 1t TO re-
tire The court then adjourned until
$50 a. m. tomorrow, thus precluding
the return of the verdicts before that
time, should they be found. All the
verdicts, while separate as to each de-
fendant, are 10 be returned at one
| time.
How long will the jury be out?" was
the question asked as the jurors fed
, out A basis for belief that verdicts
would not be reached when court
! opens tomorrow and that the Jurors
might require a much longer time was
| found in the courts instruction to
carefully weigh all the evidence in
| the case" 1t has required almost
twelve weeks TO introduce the EVIL
] dence
| The defendants who await the out
come include Frank NJ. Ryan, president
of the International Association Of
|
OF which John j. Mcnamara, the con-
! fessed dynamiter, was once secretary;
various executive board members Of
that union Herbert S. Hockin, accused
as an accomplice OF Ortie z. McMani-
gal, another confessed dynamiter; Olaf
A. Tveitmoe, secretary Of the Cali
forna Building Trades Council; Eugene
A. Clancy, of San Francisco, and ]. r. &
Munsey, Of Salt Lake City. The three
last named are charged with promot-
ing the Los Angeles explosion.
Charged with Conspiracy.
These men are not charged under the
federal laws with personally causing
any explosion. They are charged with
| conspiracy to violate federal laws and
with aiding in illegal transportation Of
dynamite and ntroglycerine ON pas
senger trains.
| In closing his argument To the Jury,
District Attorney Charles W. Miller
again referred TO the argument of SEN
ator John w. Kern, counsel for the de-
! PENDANTS. Senator Kern had left the
city. saying he was going to Wash
ingtOn.
The Los Angeles Times building sx-
plosion was called the crime Of the
century" said Mr.. Miller. "but the real
crime Of the century was this dam
nable conspiracy. 1t would be an ever
lasting disgrace TO our country and to
our civilization If these forty con-
| splrators are not convicted. Gentle
men OF the jury, United States Sem
ator, sworn TO uphold the laws of his
country, has dared to stand before you
| In defence Of these enemies Of the Re-
| public. You should find these con-
spirators guilty and put your seal of
| condemnation upon such conduct by
United State Senator"
Not Unlawful to Organize Unions.
After stating the substance Of the
various offences charged and mention
| ing the nationwide strike Of the iron
workers union, which, the government
| charged, was the motive for one hun
| dred explosions on the work Of con-
| tractors who refused to recognize the
union. Judge Anderson. in his instruc-
| tions, said:
1t was not unlawful for the structural
| iron workers 10 organize the union 40
wnich they belong. II IL not unlawful for
the defendants 10 be members OF that ,r
any other labor organization. Men have
the rl8nt TO use Jneir combied power
through such organizations to au, 4nce
| their interests in any lawful way; but
| they have no rlght TO use this power in
| the violation Of the law. Organized labor
| is not on trial here, nor Is the right OF
labor to organize in issue, but members
OF labor organizations owe the same
obedience to the law and are liable TO the
| same punishment for It's violation as per-
sons who are not members OF such or
ganizationS.
The defendants are not on trial for
| causing the various explosions ana the
consequent loss OF life ana property
Throughout the United States shown by
the evidence They are on trial for the
offences charged In the indictment. Evil
dence OF these explosions, together with
the facts and circumstances surrounding
them, We're permitted to 90 In evidence
lefore you, because they tend TO SHOW
the community Of purpose, the concert of
mind and action, which Is an essential
ingredient of the offences charged and
they should be considered by you on that
issue alone.
The evidence in this case shows that
in August, 1906, there was controversy
tetween the International Association OF
Bridge and Structural Iron Workers and
the American Bridge Compay over the
open and closed shop question; that in
tional declared a general strike against
the American Bridge Company, and that
this strike has never been settled. II you
find from the evidence that In order 10
carry out the purposes OF the Interila-
tional the defendants. or two or more OF
them, entered into conspiracy to destroy
with dynamite and nitroglycerine the
property OF the American Bridge Com
pany and other open shop concerns. or
| in various states of the Union, and II you
find that such conspiracy TO destroy such
property included as a necessary step I'm
the accomplishment OF such destruction
the unlawful transportation Of dynamite
and nitroglycerine upon the vehicles OF
common carriers engaged at the time I'm
the transportation OF passengers from a
place in one state to place or places In
another state or other states of the United
States and IL you further find that such
destruction Of property was accomplished