The producers news. [volume] (Plentywood, Mont.) 1918-1937, 1935-11-01
o.fe.t The Conspiracy!

...,.IInent concludes the
Ibis IN n'f tie sacramento case. .e;,,a IL
sory I on a the the working class some ;'7
;sdtaI 20 '' he done! Are you will
=; s-'t 70 help? .,,,sior>
The Appeal
sooner was the verdict
But But 10 q aIaring light was thrown
q u o,rn free will. because he
q his his, . 9$,. Of wrong kept
sgd Sr at night, Juror Mcln +
bin ave- ,.',a representatives OF the
tire g CAV; Labor Deferse an
Nar,fa IA. n which he showed the
sSraa .:;. ii;;jiegality. The affidavit
rsr dlcs in in court by Atty. Cog
pFssei IN ar.uing for a new trial.
s.ad il in psrt as follows;
''a aI5,~ard s. McTntire being duly
TO-" o~ oath deposes and says:
sT e4,o - ,iYe to the disagreement
'l ia ;, u~T the question of a
Of t Le alO was raised
soi;iFlO'', that with reference to the
,.s.;iant Norman Mini he ex-
de:e'o J lie conviction to the other
PssSr .S that there was insufficient;
! aior@ for a verdict of guilty and
e es.e'i he finally consented to vote
tn a.',s. - as 10 the defendant Norman
sTlli' despite de- his conviction tina. that
M l. Is. not guilty, on condition
e L9.. T tfo Jurors recommend proba-
tEaI ' and in consideration of the
I .sa,,o me mentioned compromise;
that with reference to the
,..oniant Caroline Decker he alsc
. used the conviction that
s ~ was insufficient evidence fol-
.' ,.or5;rt Of guilty. but finally con-
...ted TO vote guilty in corsidera'
ton Of the COMPROMISE;
that, as to the defendants
vorman Mini and Caroline Decker
:" neyrr was and is rot convinced
= a FORMAL certainty and beyond
,sasarable doebt of the suffclency
n the evidence.
"Deponent alleges that he makes
4his affidavit of his own free vii
sd or mis- own initiative, sOlel!
Far the purpose of preventing f;
ri Of Justice, and Of righ'
;rg wrong which l feel partl!
hut deeply responsible.
tSignedl Howard S. McIntire'
The newspapers denounced Mr.
NcIatire as a traitor ard liar, anC
ne Judge waved his affidavit aside
q irrelevant and unimpOrtant, de
clared the verdict legal, refused
new trial and imposed sentence
But the:e can be no doubt that MI
NeIniire was telling the truth.
Probation would have meant &C
sgp;ing the hyp0critical mercy o
& court which helped frame them
xoald have meart an admission o
guilt Of some crime and a prOmis
not To repeat it. Consequently
Mailman Mini and IOrine Norma
bragely rejected this "mercy.
Standing erect, they led their fel
5g.priseners to the "penitentiary
maintaining their innocence an
their tight to have done what the
lid. Before sentence was passed
herman Mini said to the Judge:
A0ur standing here is no acc
dent. Our conviction is the resul
Of The inner logic of the elias
struggle. But the same class stru
gle that results in our convictio
viii sogle day generate an ire:
stable wave that will sweep ava
forever everything this court an
state represents. With this know
ledge, We can face our sentence
conhdentially; we know that the
tuIe belorgs to US"
These are not the words of
criminal, nor were those of Mini
fellow" cOnvicts." They are Il
words Of a courageous fighter,
martyr to principle, and we'll e,
press the person who thrice refu
ed the prosecutors offer of immu,
ity IN return for his service
states witness. In this spirit, {
the defendants heard the cell-doo
Oang behind them.
But the fight is not ended. 4
appeal can be made to the Califo
ma Supreme Court and if need
e the United States Suprer
OOaTt. Not only does the trial I
eora show many reasons for 81
ing ASIDE the verdict, but the