The Winslow mail., 1923-03-16
JUDGE BLEDSOE'S INSTRUCTIONS
TO FEDERAL JURY IN TRIAL


pose, without any justifiable excuse,
with disposition to injure, vex,
harm or annoy another, with a spite
full or malevolent disposition, in a
spirit OF revenge or animosity, or for
purely personal qualification. The
mere fact that the defendants and
their associates went on strike is not
OF itself q demonstration of guilt
herein. The fact must be continual
ly kept in mind by you in your con-
sideration of the cause The right
ito strike, even on railroad carrying
mail and carrying interstate CONNER
ce has not yet been taken from en-
plOyeS, the right to strike or the
wight to quit, that is, either singly,
I'or in company. Under existing law
employees against the conditions of
their employment as long as they
indulge in no violence, commit no
unlawful acts or are actuated by no
unlawful intent. HOwsoever must
we may feel that strikes are unjust
Ined or are immoral, or are unsuited
to our civilization, or are ineffective
for the purpose of bringing about any
satisfactory or stable solution of in
dustrial controversies, whatsoever we
may think about that under existing
law at present the right to strike,
the right to quit work, in person, or
in droves, as long as no unlawful
thing is done in furtherance of that
may not now be gainsaid or ques-
toned
So | say again, under existing law
employees, even of a railroad carry
ing mail and interstate commerce,
may employ the strike as a means
of expressing their protest against
the condition of their employment
as long as they indulge in no violen-
&C. commit no unlawful acts, or are
actuated by no unlawful intent. Such
an unlawful intent is the intent will
iully to obstruct the passage of the
mails or to interfere with the move
ment of interstate commerce, and If
they have that intent they have an
unlawful intent and their strike is
an unlawful strike, unlawful in the
slnse that it is in violence of the law
f the land
Something has been said in this
case from time to time about this be-
ng an illegal strike-illegal in the
sense that it was not in conformity
With the disciplinary rules of the
brotherhOods to which these defend
ants seyerally belonged or not in
keeping with the contract of employ
ment entered into by them or for
them and in their behalf We have
no concern with any such illegal
strike as that That is not a matter
to be taken into consideration here
at all. We are not concerned with
: whether they obeyed the rules of their
brotherhoods or lived up to their
contracts. One would be a matter
'or discipline on the part of the
brotherhoods; the other would be q
matter of suit at law by the Santa
Fe for a breach of the contract, if
that should be the case. The only
sort of an unlawful strike that we
are concerned with here is a strike
which is in violation of the laws of
the United States.
No violence or unlawful act on the
part of these defendants are charged
herein. The indictment does not
charge, nor does the evidence exhi-
Bit any violence on their part or the
performance of any unlawful acts.
The only unlawful factor, therefore,
urged against these defendants and
their associates was the possession
by them of the intent and purpose
wilfully to obstruct the mails and in
terfere with interstate commerce.
That is the thing of an unlawful ma
ture that is charged against them,
and the actual existence of the in
tent therefore is in this strike neces-
5ary to be shown beyond a reason
able doubt, in order that an unlaw-
ful and punishable conspiracy may
be found.
And so, in conclusion, gentlemen, l
repeat again the real and ultimate
question in this case is the question
of the good faith of the Big Four at
Needles and those concerned and con-
nected with it. If in good faith they
quit because they feared OF objected
to the conditions imposed by the
presence of the guards or the assert
ed effectiveness of the equipment
furnished them they committed no
crime under this indictment and
should be acquitted by you. II, on
the other hand, they did not quit
ditions but quit wilfully, intending
thereby and as a consequence the
mails should stop and interstate COM
merce should stop, and you believe
that beyond a reasonable doubt you
oAOUAu lAAOlA Cl1CtA ON
Mr.. Burke.-No exceptions.
Mr.. Dickson.-None, your Honor
Mr.. Rush.-None on behalf of the
defendants l represent, your Honor.
The Court-Your verdict, gentle
men, will be in the usual form, find
ing with respect to each defendant his
guilt or innocence as the case may
be, and l will ask you if you will to
use the form with which you are
provided and to have the verdict sign
led by your foreman before returning
into court. Let the officer be sworn
to take charge of the jury
Mr. Burke.-If the Court please, it
seems to me some suggestion should
be made as to the thirteenth juror
before letting them retire.
The COurt.-Yes; l will take care
of that in just a minute.
(Officer sworn to take charge OF
tho inru0