The Washington times., 1922-11-13

American ideals Of human rights
and privileges.
THE court has no feeling against
strikers or labor unions. They
serve useful purpose. but the law
IL the same to strikers az indi-
viduals. This false teaching has
created n difference between strik.
crs and individuals which should
not exist. Those convicted here
are not as guilty as the men who
melted them. Those men, or the
leaders, who melted the accused TO
do this unlawful = act. did It to
obtain their selfish ends"
Accused Good Men.
Judge Wagaman said the person.
ality Of, the men before him for
sentence appealed to the court. lie
said he was advised they were
hard working and heretofore law
abiding men in the community in
which they lived. He added: 1T
is necessary for the court TO give
some emphatic demonstration OF
the power and majesty OF the law
and 1t will have TO impose sentence
under the circumstances"
The men found guilty in the
Barton riot were asked il they had
anything TO say why sentence
should not be imposed. Charles z.
Heskett. attorney. said the defense
had nothing further to offer.
Sentence was then imposed as
follows: Francis II. kaefer, Allen
Yates, James L. Miller. David N.
Murphy. Edward Hansci and Doug
las Truly. unlawful assembly and
riot. six months in the house OF
correction: Richard Truly and Ed.
ward Truly, three months in the
house Of corrections: William j..
Truly. paroled three years on ac-
count of his youth: Steve Adams,
Thomas Neider and Andy Suhas,
paroled for three years. luhaz
gave up and appeared before the
grand jury. Thomas Neider was
paroled because of his youth.
Adams. who was seriously shot. Ia
still in the hospital.
John Warn.ck and Jesse Brown,
Who pleaded guilty to "rout IN con.
nection with the disturbance at the
Brophy mine at Franklin. were SEN
fenced TO thirty days in jail and 70
pay each one.fifth of the costs. Rich.
/ ard elise was parOled on account Oh
| his youth. Two others. John Gentry
! and David Nelson. were not in court,
| being out on bond. Judge Doub
wanted to know why they were not
on hand Their attorneys reported
| they were unable TO notify them. but
| their bondsmen were instructed to
haye the min court. One is working
! i'm Cumberland and the other in
| PENNSYLVANIA.
James Fairgrieve. Hillary NC
! Kenzie, william, Thomas, John
/ Maher, James elise, Harvey Stocker'
| James Trennum. Charles Davey,
William Teeters. Larry McDade,
/ Van Berry. and Elmer Moore. who
also pleaded guilty OF "rout" In con.
nection with the Franklin mine dis
order. were also given thirty days In
! Jail, each to pay one-eleventh OF tne
costs and to stand committed until
the costs were paid.
"Rout," under the English common
! law. Is practically synonymous with
| riot and unla wful assembly. II I'm
niles admission OF guilt OF being en-
gagged in an unlaw assembly un.
accompanied by violence which wouid
| have converted their assembly INTO
riot.
In another case OF unlawful as
s.mbly against Frank Miller. VII.
liam Beeran, John Lancaster. and
! Marshall Bccman, the charge was
| dismissed by the state.
| Another mine disaster case re-
! mains to be tried on an Indictment
against Francis II. kaefer ana oth'
ers, charged with assault with IN
tent to kill. growing out OF the riot
at Barton on September IL. Inc
accused in this case were found
guilty Of unlawful assembly ana the
sentences were imposed by the
| court.
linton Gets IS Months.
When Charles Upton, a striking
miner, convicted Of assault with In
tent to disable was called for SEN
tence. william NJ. Somerville. attor.
ney, made a plea for clemency. Mr..
somerviiie said that Fazenbaker,
whom Upton stabbed, had promised
to appear In court and Indicated he
bore no iil.feeling against his assail'
ant. He asked a parole or a ight
jail sentence, as Upton had already
served five weeks In jail. Upton
was n widower with three small
children, he said. Judge Wagaman
said practically In all criminal cases
the dependents must suffer. lie
pointed out that in the statutes there
was little distinction between assault
with intent to murder and assault TO
disable. He reviewed the testimony,
saying that Upton went to the home
OF Fazenbaker, at night to provoks
a quarrel. armed with a deadly
weapon. and stabbed him. Fasen'
baker had aroused enmity because
he had resumed work during the