Evening star., 1923-04-07
Prosecutor Declares Action
Taken as Further Trials
"WouId Be FarCicaI."
"JUSTICE UNOBTAINABLE
IN WILLIAMSON COUNTY"
Decision to Act Reached After Jury
Frees Six of Murder
Charge.
By the Associated Press.


MARION. ILL.,. April ALI of the
out of the Herrin riot were nolle
pressed today following the acquittal
by jury last night of six defendants
charged with murder in connection
with the outbreak.
The request that the indictments be
nolled was made in court this morn
ing by Delos Duty. states attorney of
Williamson county.
When court assembled A. W. Kerr,
chief counsel for the Illinois Mine
Workers, demanded immediate trial
for the twenty-four men still under
Indictment on charges of murder, con-
spiracy and assault.
Il am not going to try any more of
these cases" Mr.. Duty declared
Right or wrong, does not make any
difference l have done my duty and
done my best"
Should Not BE Dropped.
I'VE have done enough, but the
attorney general does not feel that
these cases should be dropped until
he he has chance M to H2,,SIo report 70 sna the
cial assistant attorney general said.
We do not join in the motion to
nolle"
D. T. Hartwell asked.
We do not" said Mr.. Middle
Judge Hartwell then entered the
order nolle pressing all of the In
dictments.
The following statement was given
out by Mr.. Middlekauff at the re-
quest of Attorney General Z. j.
Brundage:
"Justice Unobtainable."
"The prosecution is reluctantly
obliged to admit justice can not be OBJ
tained in Williamson county. No i'm
partial jury can be obtained to try
the men responsible for the murder
of a score of men at and near Herrin
last June.
Witnesses, reliable and trust
worthy, at great rick of personal vio-
lence, have courageously testified to
what they beheld on that fatal day
only to be impeached by witnesses
who plainly were interested in the
defense. and who clearly were testi-
tying falsely.
Intimidation. prejudice or down
right dishonesty actuated them. Un-
der the rulings of the trial court,
when jurymen were being examined,
any man who admitted he had an
opinion whether the massacre of the
disarmed and helpless strip miners
was lawful or unlawful, was dis
qualified for jury service; In my
opinion this ruling is not the law of
Illinois. On the other hand all men
contributing TO the defense fund, vol
unfairly or otherwise, have been held
to be competent jurors, but in my
view OF the law, such men are not
competent jurors and could not be
impartial jurors.
"Further Trials Farcical."
Every man in Williamson county
has repeatedly heard or read the de-
tails OF this horrible and revolving
tragedy. If he has no opinion whether
such killings were lawful or unlaw-
full, he is, in my judgment, wholly
unfit for jury service.
"I must say that under my view of
the law, citizens having an opinion
as to the right or wrong of the mas
sacre, but with no opinion as to the
guilt of any defendant on trial are
qualified to sit as jurors. These OBJ
stacles, In my opinion. seem unsur-
mountable.
Under the conditions it is my opinion
that further trial would be useless, re-
suit only in acquittals and continue the
check off from the wages of some 10000
Industrious men, many OF whom are
strongly opposed to murder. 1t would
further jeopardize the lives Of cour-
testified for the people OF the state of
Illinois solely because of their respect
for law and order.
''At this time it seems that further
trials would be but farcfcal."
Defense Issues Statement.
The following statement was issued
by all the attorneys for the de-
fense:"
"A representative of the press has
presented the lawyers for the de-
fense with a statement issued on
behalf OF the attorney general ap-
pearing for the prosecution in the
o-called Herrin mine riot cases. This
statement wholly ignores the wanton
slaughter of three unarmed union
men on the day previous to the kill
ing of guards. 1t wholly ignores the
invasion of Williamson county by
armed guards equipped with high
powered pistols Iand rifles. riot shot
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