The Winslow mail., 1923-03-16
Reporters Transcript Of Oral IRstruc.
ton to Jury.)

IL AO
under the evidence, but that in, conse-
quence Of the actions of these defend
ants and their associates, trains fail
'ed to move over the Arizona Division
The mail was actually retarded and
delayed and interstate commerce, both
of persons and of property was hind
cred and impeded and interfered with
in its interstate progress. There is
no doubt but that, under the evidence
in quitting the service of the Santa
Fe Railway Company, the defendants
and their associates were acting in
confederation and cooperation. Meth
er is there anv question but that the
various overt acts charged in the in
dictment were committed in the fur
therance of the confederation and CO.
operative plan then in operation.
There seems to be no question in re-
spect to those things OF course you
shall arrive at a determination with
respect to them from consideration
of the evidence and make your own
finding, but that would seem to me
to be the situation, that these things
may be eliminated from our conside-
ration.
So that, in reality, the only ques-
tion to be decided by you in this case
is this: Was the quitting of work,
the StOppage of the trains, the re-
tarding of the mails, and the inter-
fering and impeding of interstate
commerce due to and the result of
and intent and purpose on the part
of the parties concerned Herewith
wilfully and actually to obstruct or
retard the mail, or to obStruct or de-
lay or impede interstate commerce?
II such was the case, and you believe
it has been proven beyond reason
able doubt, then you should find such
OF the defendants as were involved in
such confederation and cooperative
action as charged.
The defendants deny any criminal
responsibility whatsoever because
they assert that, in good faith, they
and their associates declined longer
to do the work Heretofore performed
by them because they were in actual
fear of armed guards provided and
prescribed by the railroad manage
ment, and because of unsafe and de-
fective railroad equipment furnished
to them and with which they were re-
quired to work Now, gentlemen, if
you believe or even have a reasonable
doubt as to whether these defend
ants and those associated with them
quit work as shows in the evidence
because of fear entertained by them
in good faith on account of the pre-
sence or conduct of the railroad
guards, or because of the fear enter
tanned by them in good faith for the
safety of their lives on account of
the belief that the equipment furnish
ed them was unsafe, or defective,
then you should find the defendants,
SO actuated and so believing in good
faith not guilty. In other words,
gentlemen, the whole case depends
upon the presence of or absence of
good faith on the part of these de-
PENDANTS. If in good faith they be-
lieved the armed guards were dan
gerous to their lives or limbs and
because of that in good faith they
quit work until the apprehension of
danger from that source was remov-
ed, they committed no crime cogniz-
able in this court. If in good faith
they believed the equipment being
furnished to them was defective, un
safe, or dangerous to handle, and be-
cause of that in good faith they quit
work until the apprehension from
that source was removed, they com
mitted no crime cognizable by this
court in this proceeding.
Did they in good faith refuse to
work because of fears for their safe
ty? did they quit because of a ge-
nuine and sincere belief that they
were in danger? If so, they committed
no crime in quitting. And if you be-
lieve that to have been the case or
if you have a reasonable doubt as to
whether that was the case, you should
acquit them, because you must be
convinced of their guilt beyond a
reasonable doubt. On the contrary,
il you believe beyond a reasonable
doubt that the asserted fears for their
safety, either because Of the presence
of guards or because of the enforced
use of defective equipment, was but
piece of camoufiage, so to speak,
and that their real intent and pur-
pose was wilfully to obStruct and
retard the mails or swilfully to i'm
pede and interfere with the free pas
sage OF interstate commerce in order
that, and through the coercion there
by to be applied, they might, for in
stance, aid the Shop Crafts in their
then pending strike, or injure, vex
or annoy the Santa Fe Company
they should be convicted by you
The gist of the conspiracy among
these men in order that they may be
found guilty of violation of the law
must be an intent and purpose will
fully to obstruct and retard the mails
or to impede or retard the movement
of interstate commerce. That is the
gist of the charge against them, and
upon that their guilt or innocence
hangs Without the existence of such
intent and purpose on their part they
are guiltless of the charge embraced
in the pending indictment The in
tent or motive with which an act is
done is to be deduced from careful
consideration of all the facts and cir
cumstances surrounding the transac-
ton relative to such intent or motive.
You must interpret and determine the
intent in the light of the knowledge
possessed and the things said, whit
ten and done by those whose intent
is under consideration. From all of
these YOU must determine what was