The labor journal. [volume] (Everett, Wash.) 1909-1976, 1916-12-29
Especial Correspondencel

ment proposed by the state and pre-
viously ratified by all the defendant
prisoners and acknowledged by them
as the best that could probably be OBJ
tanned even after long and expensive
trials the state made a complete sur
render on murder charges against all
eight defendants, releasing Tresca,
Scarlet, Schmidt, Mrs. Malitza Mason
ovich and John Orlandich, substitute
ing a charge of manslaughter against
ich, to which these three pleaded
guilty.
Readers will understand that the
defendants themselves, knowing all
conditions and familiar with the sit
uation as regards the possibility of a
, less fortunate outcome in case of
trial were the ones best fitted to de-
eide whether any proposal of settle
Fment affecting them should be con-
sidered. This was done and the pris-
oners were the adiudicators of their
own cases insofar as the acceptance
or rejection of any plan of settlement
was involved.
On Friday, the Sth, the states at
torney in talk over various matters
intimated to the defense counsel that
perhaps a possible disposition could
be arranged as might be mutually
agreeable and satisfactory. Counsel
for both sides agreed that the out
come of the trials was uncertain and
considering the heavy expense at
tendant, a settlement might be ad-
, yantageous. Defense counsel, how
ever, stated that no settlement re-
stricting activities of the union or in
fringing upon the principles contend
ed 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
Monday 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
consideration. 1t being impossible to
obtain satisfactory interviews in the
small cells at the jail, it was arranged
for all prisoners to be brought to the
courthouse and interviewed in the
open jury room. No one present ex-
cept the prisoners, their attorneys and
the defense committee. The matter
was fully discussed with Tresca, Scar
lett and Schmidt and it was repre-
sented 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 if they desired, counsel
would report negotiations off and
proceed to trial After careful inquiry
the three organizers stated that the
courtesy and Importance of the mat
ter suggested a submission of the en-
tire plan to the other defendants,
Masonovich, Cernogorovich, Nickich
and Orlandch, for their sole decision
as to what action should finally be
taken.
Speaking to these four through
Nickich, Gilday said: "Now, boys,
this is a matter in which you have the
. entire say, nothing has been decided
upon. nothing will be without your
thorough consent and approval; if 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 shouted their ap-
prOyal, Philip Masonovich saying: 81
Vyle 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 science standing on my
head"
"a Orlandich, when told he would be
,5ree. offered to take Phillips term and
learning it could not be done, insisted
he be imprisoned with the others. The
rest prsuadd him at last to go out and
look after the Masonovich family until
Phillip be released; then-while all
present, already deeply moved by the
sprt of solidarity shown-strove
I, vainly to conceal their emotions;
Cernogorovich and Nickich each