Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-12-27

that in August, 1905. there was con-
Z ,roversv between the International
Association of Bridge and Structural
iron Workers and the American
= Bridge Co, over the open and closed
shop question is that said month of
August 1905, the International de-
elared a general strike against the
II American Bridge Co, and that this
T. strike has never been settled. If YOU
4 find from the evidence that in order
10 carry out Che purposes of the In
ternational the defendants or two or
3 more of them, entered into conspi-
Aracv 10 destroy with dynamite and
nitro elycerine the property of the
\ American Bridge Co, and other open
shop concerns, or the structures which
4hev were erecting in various states
| of the union and If you find that such
q ssronspiracy to destroy such property
vs5included as i necessary step IN the
y Accomplishment Of such destruction
the unlawful transportation of dyna-
& snite and nitro glycerine upon the We |
F47icIes of common carriers engaged at |
s=sThe time in the transportation OF pas |
sengers from a place in one state to
"a place or places in another or othet
states of tile United States, ana IL
aasAsou further find that such destruction
z sshf property was accomplished by eN-
MDlosions of dynamite and nitro-glycer-
usine in various places throughout the
limited States and that the dynamite
and nitro glycerine with winch Such
explosions were produced were, as
Z srnatter of fact transported from state
Esto state in suit cases and carrying
cases upon the vehicles of common
4 carriers. engaged at the time IN the
carrying of passengers as averred.
sAthen you viii be authorized TO find
that a conspiracy was formed TO
y transport dynamite and nitro glycerine
as charged in the indiet-
ment.n --..
W. Calling attention to the charges of ilie-
{ gal transportation the court stated:
"You may find the defendants guilty
I anon all of the counts of the indictment
supon which they now are upon trial, il
! Syou are satisfied beyond a reasonable
doubt that the proofs justify it. Or you
4 Anay find the defendants guilty upon any
zone or more of the counts of the indiet-
ment and not guilty upon the others. You
may find any defendant guilty or not
guilty, or you may find one or more of
them guilty and the other not guilty. Be-
fore You can find any of the defendants
guilty you must be satisfied of his guilt
Tin manner and form as charged i'm somel
one of the counts of the indictment upon
which they are on trial, beyond reason
sable doubt"
Fl Of MacManigal and Edward Clark.
Cincinnati, both of whom pleaded guilty
and testified for the government, the
court said their testimony should be re-
ceived with caution and scrutinzed with
care and added:
{ 1.-THE witness William J. Burns, while
on the witness stand. detailed a CONVEX
. sation that he had with the defendant
1iockin in which he made statements tol
Hockin about the defendant Tveitmoe
having been in prison and having pris-
on record. Such statements made by
Burns are not to be considered by you in
any way in determining the guilt or inno-
cence of the defendant Tyeitmoe as to
the charges laid in this Indictment
Judge Anderson concluded: Il
Carefully weigh all the evidence in
the case, and from it under the rules of !
law which / have given you, determine
the guilt or innocence of the defendants.
/ With you, and not with the court rests
/ the responsibility of finding and deter
I mining the facts. The views of the court {
|son questions of fact are not controlling
upon you. You have nothing to do with
The case except to determine the single {
question of the guilt innocence of the
h defendants. You should return a verdict
of guilty, the measure of punishment to
J be inflicted upon the defendants is COM
| mitted to the court"
J Lights in the third floor of the feder-
, al building where the jurors are quar-
1 tered in locked rooms, indicated thta |
they had deliberated until a late hour &,
but at midnight the lights were out.
/ Extra guards were placed at the APP ,
proaches to the jury room on the low ,
. er floor of the buildings, thus preclud- !,
ing any basis for truthful reports as ,
| 70 what progress the jury had made
District Attorney Miller at midnight
said he believed verdicts would be re-
turned, tomorrow. is'aa.-