The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1931-08-29

either place in evidence or mention
in its argument to the jury.
cts easy to concoct an alibi,
therefore the jury must not take at
face value the statements of witness
ses thta Peter Wagner and Edgar
Greene were not at the scene of the
riot" said the Judge.
Throughout his instructions to
the jury, the Judge simply assumed
that there was riot, and spoke of
the whole Curry field incident as
"riot," Then he showed the jury
that the riot meant there was an
unlawful assembly, and that this
presupposed a conspiracy, which
need not have been made at Backs
field, where the N.M.U. was meeting
before marching to Curry field, the
scene Of the riot - the conspiracy
might have been Matched in Pitts
burgh." The only evidence the pro-
secution had offered of any "conspir-
acy" was lies about what Leo Thomp-
son and Stella Rasefsky said at
Becks field. The judge did not men
ton as Of any importance the fact
that after hearing these speeches,
the whole police force Of Canons-
burg escourted the marching miners
to Curry field.
The evidence the judge introduced
was photograph of the march in
which, as he pointed out to the jury,
there we're signs saying: Down with
the United Mine Workers of AM
erica"
The judge stated in full detail the
charges and summarized as facts the
lies Of the prosecution against each
of the defendants then merely
stated, "the defendant denies this"
without giving any of the volumin-
Gus evidence Of the defense to show
that the prosecution witnesses were
lying.
But probably the most amazing
EACNC Vi II dudulCIlU UCoilI1lOIlN Was
that placed in evidence by District
Attorney Burchinal after both pro-
secution and defense had rested"
The prosecutor suddenly remembered
that he had not much evidence to
show that Stella Rasefske was at the
head Of the parade. So he dug up
a picture of the parade, and while
the Judge waited patiently, went
down and picked out one of Fagan's
thugs, brought him up to the coun-
sells table, openly pointed out to him
the person in the picture he wanted
the thug to say was Stella, and put
him on the stand to testify to 1t.
The Pagan man made a hash of it.
by placing himself so far away he
could not possibly have seen Stella.
Nothing daunted, Burchinal halted
proceedings again, went down in the
audience, picked out another gang
ster, held a lengthy conference with
him, brought him inside the bar,
pointed out without even a pretense
Of concealing his actions the right
figure for the man to identify, and
put this second fellow on the stand
to testify he was only fifty feet from
Stella, and saw her.
AL objections to this, and to the
judges charge to the jury, were
oyerruled.
The defense placed six witnesses
on the stand Thursday, of whom two
Frank Ferlich and Mike Premero
corroborated other-defense witnesses
of the day before as to what took
place at Becks field, and two, Dome
nick AndrejcZyk and Milan Yakrlin
did the same in regard to Curry
field.
Stella Rasefske testified, denying
the statements made about her by
prosecution witnesses. The Judge was
alert to prevent her stating what it
was all about, but she managed to
mention a fragment Of her speech,
proving the strike-breaking charac-
ter of the U.M.W.A. This was strick-
en- from the record by Judge Cum
ming, whose theory in the trial is
that it is all right to abuse the NM.
u, but nothing must be said against
the UNIV.
Stella fully corroborated other de-
tense witnesses as to the opening of
the attack on the N.MU. members
who marched to Curry field to de-
nounce Fagan's scabbery.
Nine year old Wanda Rasefske,
daughter Of Anna and sister of Stel-
Ia Rasefske (both defendants in this
triaD testified in confederation of
her mothers testimony, that Anna
had not been at Beck's field, that
they went to Curry field to pick up
Stella and take her to a picnic, that
Wanda was separated from her
mother when they arrived at Curry
field after the N.M.U. had marched
off. thta a U. M. w. man pointed
Anna out to a state trooper Just as
she found Wanda. The .U.MW.A.
Eenchman said to the trooper: "Ar-
RESI- that woman. she's got a big
moutA tool" And from that moment |
to this. Anna was a prisoner.
During the first days of the trial |
no provision was made for the jury |
by the courL as to housing. Thu |
moment the newspapers began tr
quote the defense witnesses testi
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