The Winslow mail., 1923-02-23
Reporters Transcript of Oral Imstruc.
ton to Jnry.)

in the cause.
The case is an important one i'll
many aspects because if the issues in
volved and the principles applicable,
and is to be determined by you with
out fear and without favor and in
spirit alone calculated to uphold and
maintain the majesty and dignity of
the laws of the United States. This is
what you are here for, let the conse-
quences be what they may.
Laws are enacted in order that safe
ty and security may be the better ac-
corded to the general public. Laws
are enacted also in order that the in
dividual may be protected in his rela-
ton to his fellows and to society as
whole; they are to be enforced for the
benefit of the individual that indivi-
dual rights may at no tiAe be lost
sight Of; but the maintenance of the
majesty and the dignity of the law are
the things that you and | are here to
insist upon and to maintain.
1 feel that the occasion would not
be complete did l not express my ap-
probation to the jury for the manner
and cordiality with which they have
attended here day after day and lis
tened with patience to the evidence
introduced, tedious l know at times
but, nevertheless, Immediately or re-
motely relevant to the questions that
were involved and l think l would
not be doing my full duty did l not
also express my appreciation OF the
manner in which the case has been
tried by counsel All seem to have
been actuated by the highest of pro-
fessional motives in their duty to the
Court, to their clients, and to the Gov
ernment, and they have presented this
case to you with as little Of rancor,
as little irritability as little OF lost
motion, and with as much courtesy
and consideration toward all involved
as it has been my pleasure for long
time to witness; and the practice OF
the law would indeed be placed On
higher plane and be subject to much
less and infrequent criticism if men
of the character and standing and at
tainment; and professional disposi-
ton of the sort we have had in this
case were always to be in court and
conduct themselves as these gentle
men have done during the period of
this litigation.
The indictment was read to you at
the impeachment of the jury, and as
it is long and somewhat involved l
don't think | will take occasion to
read it in full again. 1t asserts in
brief, that these defendants, Clements
Stecklein, Fox Arbebauer, Reynolds,
Woodbeck; Freuser and Holly and
other persons whose names are to the
Grand Jury unknown on or about the
tenth day of August, 1922, at the City
of Needles, did unlawfully, fefoniously
knowingly, and wilfully conspire,
combine, confederate agree and ar
range together and with other per-
sons to the grand jurors unknown to
violate the law of the United States,
to-wit: to knowingly and wilfully OBJ
struct and retard the passage of the
interstate commerce of persons and
mails of the United States, and to OBJ
struct, impede. paralyze, interfere
with and stop the transportation in
property upon trans-continenta
trains, passing in and through the
City of Needles, California; and that
this was done with the knowledge Of
the fact that interstate commerce and
mails were being carried upon the
trains, and that with that knowledge
they caused railway employees to cease
and quit and abandon their employ
ment, we'll knowing that in the event
that they did so the trains would be
stopped, and in that wise the mails
be interferred with and interstate
commerce be hindered and checked IN
it's due and orderly passage.
In addition to that, and because of
the language and statute lnVolVlng
the crime of conspiracy, which l will
state to you more at length IN NOM
ent or two, certain overt acts are
charged, each as having been done by
one or more members of the asserted
conspiracy and each as having been
done for the purpose OF consummat-
ing and furthering and making sue
cessful and accomplishing the purpose
of the conspiracy; the first overt act
being the converting and causing to
be convened of a meeting OF the Big
Four and others in the city OF Nee
dies ON the tenth day of August, 1917,
at which these matters We're discuss
ed; and that it was held for the pur-
pose of encouraging, lnclt1ng ana IN
ducing members of those organiza-
tions and others to quit service OF the
Railway Company and leave 1t so tnat
it would be unable to function, and
that wise the mails would be stopped
and interstate commerce interferred
with; the second overt act charged
that telegram was sent on the tenth
of August by certain of the defend
ants to other employees of the Compa-
ny along the lines; the third overt
act charges that another telegram
was sent by Steiklein to employees
along the line Of the Santa Fe; the
fourth overt act charges that another
telegram was sent by Clements, an
asserted member of the conspiracy,
to other persons On the thirteenth OF
August; the fifth act charges that the
defendants and others quit and aban-
doned their employment with the
Railroad Company on the tenth day
of August, leaving and deserting pas
senger and mail trains, and leaving,
apd an6 dncortinpr interstate