Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1913-07-02
Jury GETS CASE
OF MISS FLYNN IN
PATERSON STRIKE
Goes Out Shortly Before Noon
After Impassioned Plea
of Her Counsel.
THREE-YEAR=OLD SON
OF DEFENDANT IN COURT
Fate of Girl, Silk War Leader,
in Hands of Hudson Coun-
ty Men.
IFrom stan Correspondence

IFrom a stan Correspondence
PATERSON. n. j.. July 2.-The
jury in the case of Elizabeth Gurley
Flynn, who is charged with melting
silk strikers to riot, went out shortly
before noon today.
AS the afternoon hours slipped
away the impression gained ground
that either a verdict of not guilty or
a disagreement would be brought in.
Miss Flynn listened intently to the
summing up of counsel, but her look
wandered once or twice lovingly
back to where her 9-year-old son sat
between her mother, Mrs. Thomas
Flynn, and Carlo Tresca.
Henry Marelh. of counsel for the
defense. began summing up at $3.50.
This case is one of signal inter-
est to the entire world" he said,
''since it affects profoundly the set
Ting of industrial problems"
He likened the States case to those
OF witehcraft, in which charges were
made upon no foundation whatever.
He explained how he had applied
for a foreign jury, knowing that it
would be impossible for the strike
leaders to obtain a fair trial before
Paterson men.
'Lying Cops"
The policemen who testified against
Miss Flynn he stigmatized as lying
cops. who had memorized the words
that they had put into the mouth OF
Miss Flynn
1.-THE longer they are on the force,
he continued. 1.-The more skillful they
seem to become in doing this. They
admitted, unabashed, on the witness
stand here that they had gone over
the words with Captain Tracey, and
looked at his memorandum to freshen
up their memories.
What they are trying to do Is to
railroad this girl for the work she
has done and is doing for the mill
hands Of Paterson.
"She is sincere in the cause OF
labor. She has family. mother,
brother and sister, and little child
who loves her."
Turning dramatically to the defend
ent he pointed to her and said:
Look at her! She is not a bad
woman. She is simply trying in her
humble way to make the world bet
ter. She has suffered much for what
she has done in the cause of hui
manity. She has paid the penalty of
all those who fight for the weak
against tho strong"
Prosecutor Michael Dunn's address
to the jury was more matter-of-fact
He said that there was nothing per-
sonal in the case and that he wanted
the jury to convict on the facts of
the case.
DenOunces I. w. w.
Then he thundered denunciation
against the I. w. w, asserting that
the organization had no respect for
property rights.
The prosecutor defended the char
acter of the States witnesses.
THE veracity of men like Captain
Tracey, for twenty years member
of the police force, is not to be ques-
toned. 1t is only a lawyer for the
Haywood-Flynn combination who
could have the audacity to attack
him.
THE strike has been carried on for
the purpose of putting money in the
pockets of"-and Mr.. Dunn fairly
hissed the name-"Haywood, Quin-
lon, Tresca, Lessig and Gurley
Flynn"
He pointed scornfully at her, while
she met his gaze defiantly.
Scores Lawyer.
ha 70 cl.od Ianrtt Mo ra11i For
the way he had spoken Of the police
son.
"Their integrity" exclaimed the
prosecutor, would far better stand
the test than that of Mareli."
He stigmatized Frank Reed, a for
mer alderman and one of the wit
nesses for the defense, as a "big
tluff"
He ended his speech by saying:
"I hope that you, gentlemen of the
jury, who are outsiders, will sympa-
thize with the people of Paterson.
Show the spirit that your forefathers
and our forefathers displayed when
they fought side by side at the battle
of Gettysburg, fifty years ago"
This outburst of eloquence was di-
rected, 1t is thought, at one of the
more elderly of the Jurors, who had
the bearing of G. A. R. veteran
Judge Klenert's charge did not take
more than twenty minutes and 1t ap-
parently satisfied both sides.
He pointed out that witnesses for
the prosecutor and the defense had
agreed up to certain part of Miss
Flynn's alleged fiery speech.
1.-THE burden of proof upon the
State" he pointed out, "and it is for
you to decide which testimony is to
be believed. II you are convinced be-
yond a reasonable doubt that Miss
Flynn uttered the words that it is
charged she did utter, you shall find
a verdict of guilty.
Miss Flynn addressed herself to the
jurors when asked by Marelli to re-
peat in substance what she had said
in the speech for which she was IN
dicted. Leaning forward she spoke
in clear, conversational tones.
II spoke first on the necessity Of
these people. since some had come
out in the Doherty mill and some of
the dye houses-that 1t was a necas-
sity to have an organization to win.
"I told them particularly to use ilo
force, because that was what the
police would be looking for. I rold
them to put their hands in their pock-