Denver labor bulletin., 1916-12-30

mcnt proposed by the state and prev
iously ratified by all the defendant pris-
oners and acknowledged by them as the
best that could probably be obtained
even after long and expensive trials, the
state made a complete surrender on muir
der charges against all eight defendants;
releasing Tresca, Scarlett, Schmidt, Mrs.
Malitza Masonovich and John Orlandich;
substituting charge OF manslaughter
against Masonovich, Cemogorovich and
Nickich to which these three pleaded
guilty.
Readers will understand that the de-
PENDANTS themselves, knowing all condi-
tions and familiar with the situation as
regards the possibility of a less fortu-
nate outcome in case of trial, were the
ones best fitted to decide whether any
proposal OF settlement affecting them
should be considered. This was done
and the prisoners were the adiudicators
of their own cases insofar as the ac-
ceptance or rejection of any plan of
settlement was involved.
Trial Judge Gives Consent.
On Friday, December s, the states at
torney in talk over various matters
intimated to the defense counsel that
perhaps possible disposition could be
arranged as might be mutually agreeable
agreed that the outcome of tho trials
was uncertain and considering the heavy
expense attendant, settlement might
be advantageous. Defense counsel. how
ever, stated that no settlement restrict
ing activities OF the union or infringing
upon the principles contended for. could
be thought OF. Also that no action would
be possible unless, firstly, the matter be
approved by the defense committee at
Virginia; and secondly, the consent OF
the trial judge be obtained. The next
day Mr.. Greene, states attorney, hurried
to Virginia to consult with the trial
judge. Having obtained sanction from
the Judge, Greene communicated on Mon
day with the defense counsel and they
in turn summoned the defense committee
to Duluth for conference.
After considering it the committee
agreed that it was important enough to
warrant the plan being turned over to
all the defendants in jail for their con
sideratIon. 1t being impossible to OBJ
tain satisfactory interviews in the small
cells at the JAIL it was arranged for all
prisoners to be brought to the court
house and interviewed in the open jury
room, No one was present except the
prisoners, their attorneys and the de
fense committee The matter was fully
discussed with Tresco, Scarlett and
Schmidt and it was represented to them
as merely submitted TO them by counsel
and committee as a matter of duty and
without any recommendation one way
or the other; that ii they desired, coun-
sci would report negotiations off and
proceed to trial. After careful inquiry
the three organizers stated that the
courtesy and Importance of the matter
suggested a submission of the entire
plan to the other defendants, Hasono-
vich, Cernogorovich, Nickich and Orland-
ich, for their sole decision as to what
action should finally be taken.
Defendants Try Own Cause.
Speaking TO these four thru Nickich,
Gilday said: Now, boys, this is a mat
ter in which you have the entire say;
nothing has been decided upon, nothing
will be without your thoro consent and
approval; il you approve we will treat
with the other side, and if not-we shall
go to trial" After the details had been
given them, they with one accord shout
ed their approval, Phillip Masonovich
saying: Il be glad to take three times
one year if these other men," pointing
to Tresca, Schmidt and Scarlett, could
be free, because they can do more good
than we can. The union provides for
my family, so what do / care. can
serve my short sentence standing on my
head"
Orlandich, when told he would be free.
offered to take Phillips term and learn
ing it could not be done, insisted he be
imprisoned with the others. The rest
persuaded him at last TO 90 out and
look after the Masonovich family until
Phillip be released, then, while all pres
ent, already deeply moved by the spirit
Of solidarity shown, strove vainly to
conceal their emotions, Cernogorovich
and Nickich each begged that they be
allowed to assume the sentence of Phil
lip and have it added to their own so
Phillip might go free! The impossible
itty of this reaching their understanding
they gave cordial assent to the plans and
in keeping with some simple, touching