The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1921-07-08
H0WAT APPEALS
when SENTENCED
To Term IN JAIL
Given Six Months and $500 by
Judge at Columbus.
August DOrchy With Him Gets
Same Sentence.
CONVICTED OF CALLING STRIKE
Mine Czar Makes Speech, De-
cIaring Court Unjust.
New Trial Motion by His At
tOrneys Is OVerruled.
August DOrchy With Him Gets
Same Sentence.
CONVICTED OF CALLING STRIKE

Columbus, July 8. - Alexander
Howat and August Dorchy, president
and vice president of the Kansas
Miners union, were sentenced to
serve six months in jail and pay fine
Of $500 by Judge Frank W. Boss in
the Cherokee county district court
here today.
Howat and Dorchy were convicted
last week of violation OF the Kansas
miners last February.
Miners Call Meeting.
This afternoon at 2 o'clock. a rally
for Howat has been arranged to be
held here. Howat and J. I. Sheppard,
his lawyer, are to be the speakers.
Special interurban car service from
the coal camps has been arranged to
bring miners here free.
1t was expected that there would be
no work in the mines of the district
today.
Bonded to Obey Law.
Judge Boss also ordered that Howat
and Dorchy give bond of $4,000 not
TO again violate the industrial court
law. AS notice of appeal was given
the court ordered that Howat and
Dorchy retain their liberty on their
present appearance bonds of $4,000
each.
The convicted union leaders will
not have to put up the bonds not to
violate the law until they give appeal
bonds which were set at $4,000 each.
Says Jurors Not Guilty.
One of the features of the case was
an affidavit purporting to have been
signed by eleven members of the
jury after the trial and declaring that
the Jurors did not believe Howat and
Dorchy were guilty of ANY wrong"
1t was filed by counsel for the miners
officials on July as part of mo-
tion for a new trial
S. ]. Cook of Baxter Springs, a mem
Der of the jury, refused to sign the
affidavit.
The Jurors who sat in Judgment on
Howat and Dorchy asserted they did
not believe in the industrial court
law. They said in the affidavit that
they returned a verdict of guilty only
because they had taken an oath that
they would be governed by the law
as set forth in the judges instructions
and the evidence and that had it not
been for said law given them by the
court in said instructions that not one
of the said jurors would have made a
finding that the defendants had done
any wrong"
Charge Jury Misdirected.
The motion for a new trial charged
that Judge Boss misdirected the jury
in matters of law, and set forth other
alleged irregularities in the trial.
The certainty, not the severity, of
the penalty. Judge Boss declared, was
the most important element in pass
ing sentence. He could have SEN
fenced HOwat and Dorchy to a year
in Jail and a fine of $1,000 each
Howat made a speech to the court
before sentence was passed, denounc-
ing his trial and alleging that he was
not given fair treatment there. He did
not know he told Judge Boss. that he
was violating the law when he called
the strike.
Howat Claims Injustice.
Iowat asserted that the court treat
ed him unfairly in not allowing any
miners, members of the miners union
Howat heads. to sit on the jury.
Judge Boss, in passing sentence. re-
piled to the union leaders charges ot
an unfair trial because union miners
were not allowed on the jury. II
would have been travesty, he said tC
have allowed union miners to sit or
the jury.
Two union miners called on tn,
jury" Judge Boss said. stated afte
they were excused that they woulC
have voted for conviction had the!
been on the jury. 1t is unreasonab blt
to suppose that any union miner ha
got an opinion on TINS matter one wa,
or the other
New Trial Refused.
"The defendant" the judge said
"says that he and Dorchy did no
know that they were violating the Law
when they called a strike. Howat ant
Dorchy alone know whether the,
knew they were violating the Law
when they called the strike"
Sharp issue with statements o
~Howat was taken by Judge Boss whel
he sentenced the miners leader.
you say that it is your duty t
fight for your rights here as was don
In France" the judge said. Il do no
agree with you. The preservation O
our republican government is abov
else and any one who attempts to plac
anything above that, is not a 100 pc
cent American.
Duty to Country First.
"A man may recognize two or thre
duties but the really big man is tn
one who can select the greatest o
these and has the stamina to supper
it. If your duty to your union con
flicts with your duty to your country
the former must yield to the latter"
A motion for new trial submitte
by defense was overruled by Judg
Boss. No arguments were offered o
the motion. When Judge Boss aske
whether the defendants had anythin
to say before sentence was passed
Howat arose.
I'VE thought when we came dow
here that we were going to be given
fair trial, he said. I'VE soon becam
convinced that we were not going t