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THE DAILY COOS BAY TIMES. MARSHFIELD, OREGON, SUNDAY. AUGUST L 1907.
Tho Sanitary Meat Market will
AIlTfSTIO AD MKCHANlCAIi
I'uU th
open Monday, August 5. Phono 1001.
Wo havo a choice lino of beef, mut
ton, pork and veal. Ave also have
an Ico box, and solicit your Inspec
tion of shop. C. H. Hall, prop., cor.
DRAWING
BEL
HAYWOOD'S TRIAL PROiVI AN AT
TORNEY'S AND JUROR'S STANDPOINT
0
Wo Vniir
Blow
J. R. HERRON, Prop. jf
Front Street, I : MarihfkJd, Oreson
Curds DeslRnl
d and Jifitc
er Heads.
(iPiiernl work for loproductloii.
Front and Third Streets.
VOY K. TjAAVIIOKXM. Phono ifin
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Attorney E. F. Richardson dic
tated the following statement of
which many copies were made and
distributed to the newspaper corre
spondents: "The cause of union labor In this
country has been strengthened by the
verdict In the Haywood case. It ap
pears that a representative cl the
working man may bo accused of
crime In this country and yet securo
a fair and Impartial trial. There
have been many statements made
upon the part of the friends of both
slde3 reflecting upon the Jury system
and the i administration of the laws
of this country. No one has had but
ter occasion to know the condition of
affairs which has prevailed here
where the trial has occurred than the
counsel for the defense. Wo are all
of the opinion that we have had a
perfectly tair minded jury and an
equally fair minded Judge; that the
cause has been tried In accordance
with the rules of law as they are laid
down In the books and that the de
termination lias shown that neither
the courts nor juries of Idaho are
owned or can be Influenced by the
wishes of any coterie of self-seeking
politicians or any .letectlve associa
tion anxious to add to its reputation
or to the reputation of any of its
members.
"In this case every effort hns been
used by the Mine Owners' Associa
tion covering the Itocky mountain
territory to bring about a conviction.
These efforts have been largely made
through the Plnkerton Detective
agency, and the particular member
of that agency having all matters In
charge has been one James McPar
land of Molly Maguiro fame In Penn
sylvania acquired during the years
from 1873 to 187C. The methods
employed there have been repeated
here, the only difference being that
they have been adopted to the local
situation and to improved methods
In the handling of such affairs, but
union labor is wber now perhaps
than it was at that period of its his
tory, and organization on the side of
the mine owners has been met by or
ganization upon tho side of the
union. This battle, while it has been
waged as usual between oppressor
and oppressed, has been waged fairly
and evenly, since In this the slriows
of war were amply provided by and
for both Bides.
"Wo do not wish to he understood
that we are casting any inflections
upon those who own and conduct
their business. Nor do wo uphold
those, if any there be who are en
gaged in any acts of lawlessness
whatsoever. Wo aro simply insist
ing that the law shall be for and ad
ministered to al alike, whether rich
or poor, great or small, whether
combined together under the name
of the Mine Owners' Association or
a miners' union; and wo commend
to tho careful consideration of tho
mine owners an investigation of the
words 'inner clrclo.' We do not be
lieve that the real owners of many
of the corporations belonging to the
Jiino Owners' Association have any
Idea of what is being done in tho
name of that association and by its
money.
"Tho largo majority of citizens of
our country, whether mine owners
or minors, are law-abiding and long
suffering. Tho death of ex-Governor
Stquenberg has been used, in tho
light of all of tho evldenco which
has been introduced In this case, as
an oxcuso to punish tho ofllcers of
any to annthllato tho Western Fed
eration. Tho conspiracy so to do has
not boon successful. Tho constant
assertions of the Pinkertonlan man
ager during the last year and a half
has led many people to bollovo In tho
guilt of tho Federation ofllcors. But
12 caroful, conscientious and pains
taking men have llstoned for about
SO days to all ,that has been said or
dono in the trml of William D. Hay
wood and ho has been acquitted.
From tho moment that tho Jury was
empanolled In this caso the Idaho
Dally Statesman and tho Evening
Capital News, tho two leading papers
publlshod at Bolso, have assorted
over and over again tho fairness nml
tho impartiality of both tho Judge
and tho Jury. More or less disting
uished scientists, who havo either
added to or subtracted from their
reputations, havo como nero and nt
ajttoudod the trial for u greater or
lesser length of time and lmvo as
sarted that tho defendant was being
Irtcd by a fair and Impartial court
and Jury. Tho result Is in accord
ance with their views thon oxpressod
xnd fa accordanco with our views
also; and wo think all good citizens
everywhere will Join In tho bollof
that tho Jury was far better qualified
to pass upon the question at Issue
than any number of interested par
ties whether they were advocating
tho conviction or acquittal prior to
the finding of the verdict.
"I want It to bo remembered that
In the trial of this historic cause the
credit thereof is not due entirely to
those who have been conspicuous in
the presentation of the evidence and
tho arguments. For more than a
year and a half this case has received
the constant attention of Hon. John
F. Nugent of Boise, Fred Miller of
Spokano and Leon O. Whltzell of
Wardner and they have been joined
more recently by the Hon. Peter
Breen of Butte, Mont., and the Hon.
Edgar Wilson of Boise. Whatever of
praise Is due to counsel in this cause
these men should not be overlooked.
They have prepared and placod In
form the basement upon which tho
structure of this defense has been
erected; and whatever shall be the
praise or criticism of the defense in
the future the work of these men
should not be forgotten.
"Another matter should not be
overlooked, and thut is that former
Sheriff Moseley and the present
sheiiff of Ada cour.ty, Shad Hodgin,
arc both to be commended in the
highest terms for the part which
they have taken in the prosecution
of this case. To them has been com
mitted tho custody and control of the
(defendants. Neither of them have
i in any degree yielded to the unright
eous demands of those who purport
ed to be friends of the prosecution
nor to any of the intemperate crit
icisms upon the prt of those who
claimed to be friends of the defend
ants. They have both followed the
even tenor of their way, and have
treated their prisoners humanely,
wisely and well. They have recog
nized that men who aro charged with
crime are entitled to be treated as
human beings and as fellow men,
and that they are responsible only
for their detention; and In every way
both Mr. Moseley and Mr. Hodgin
and their deputies have conducted
themselves in a manner which is not
only beyond reproach but worthy of
all commendation.
"Again it should be said that the
community of Boise should be com
mended for its calm and considerate
treatment of the defendants and of
all those who were concerned In the
defense. When panic seems to have
prevailed elsewhere and judgment
has been thrown to the winds, this
community has been undisturbed and
has gone about its business as
though the affair which It had in
hand was one of no more than every
day importance. The action of the
people of Boiso has been character
ized by sanity, decency and good will
toward overybody concerned In the
case.
"I further wish to say that while
tho prosecution haD been of tho most
vigorous and determined character,
yet It has been conducted by the
Hon. James H. Hawley and his col
league, Senator William E. Borah,
upon the highest plane of profes
sional ethics and ability. They havo
never attempted to bo persecutors
but have at all times conducted
themselves simply as vigorous and
able prosecutors."
Samuel D. Gllman of the third
chair, was tho juror who was last to
give up for a verdict of guilty and
Join tho majority vote, mnklng the
voto unanimous for acquittal. With
a sad shako of the head, ho said:
"It was hard for mo to cast that
last vote, but I knew that the others
would never change. I stood out as
long as I could and would havo stood
until doom's day had another staid
by mo, but on the sixth ballot Mr.
Powell wont ovor to tho majority. I
thought an hour nbout it, trying
hard to detormlno my duty and I
Anally decided it was right that I
should glvo In. When they shook
mo and said thoy wanted to tako an
other ballot, I said: 'Boys, I'll not
luuig out any longer; I know how
you all will voto, put me down for
not guilty.' "
Gllman said that It was tho con
slego, but thero will always be pleas
tho Jurors us soon as they got in tho
jury room that thoy could not find
tho defendant guilty In tho face of
tho Instructions of tho court. Thero
was somo little argument and then
tho foreman was elceted. Theu, in
about half an hour after going In,
tho first ballot was taken. Eight
voted for ncqulttal, two voted for a
verdict of guilty In tho first dogreo
and two did not voto. Gllman and
Powoll voted guilty, J. P. Burns and
Thomas Gess refused to voto. No
other ballots wero taken until after
lunch, when, after an hour's argu-
"There was then considerable dis
cussion," said Gllman, "myself and
Powell trying to convince Burns and
the others arguing with him that un
der the instructions thero could be
no verdict of guilty. There was some
talk then of a second degree verdict,
but all practically agreed right there
that It must either be acquittal or a
verdict In the first degree. Burns
remained undecided. He finally ask
ed for the exhibits that were brought
in. After that another ballot was
taken and BJrns voted with the mi
nority, but said he was not fully con
vinced. "There was a long discussion be
fore any more ballots were taken.
It was after supper that the fourth
was taken and then both Burns and
Gess joined tho majority, making it
10 for ncqulttal and Powell and my
self for conviction. That Is tho way,
it remained all night. We took one'
or two ballots without changing. I
know it was at about 3:30 o'clock
that we took the fifth ballot, and It
then stood 10 to 2, and we decided
to take a sleep If possible. At about
o o'clock wo got up and argued some
more and finally balloted for the
sixth time and Powell voted with the
others. That left me all alone. Then
they worked on me. Finally I told
them to let me think it over. I
finally concluded It would not be
right for me to hold out any longer.
I think It was close around G:30
when I finally gave in."
Regarding the instructions to the
jury, Mr. Gllman said:
"1 could not point out any particu
lar Instruction that Boemed to decide
the boys on a verdict of not guilty.
I do not think there was any par
ticular instruction that they debated
over. I believe It was the instruc
tions generally. They couldn't seem
to make head or tall of them, but
were convinced that the general tone
indicated that tho defendant should
be freed. Yes, some of them seemed
to think the instructions were very
strong legarding corroborative testi
mony and some said that they could
not be clear as to the reasonable
doubt."
Mr. Gllman lives 1G miles out In
the country, and it was not until
shortly after noon that his people
drove down with a conveyance to
take him hom6. In the meantime,
he tried to sleep at the house which
had been the jurors' home for the
past 80 days. But he couldn't sleep,
he said. He was very nervous and
completely tired out. As he sat on
the lawn waiting for his team, he
said:
"This seems like home this
house. It was a long and tedious
slego, but there wil lalways be pleas
ant memories associated with the
time I spent hero with tho other
boys. Never, all the time we were
together was there a subject of dis
cussion among us. We really enjoyed
It. I do not believe ono of tho jurors
regrets the time we spent there. No
ono ever had a word of fault to find
with anything connected with our
service here. Wo lived fine. Wo had
the best there was to be had to eat
and It was mighty well cooked. Tho
bailiffs could not havo been better'
or moro congenial. And we had lots
of fun. There was only one thing
that I havo to criticise, and that is,
I believe, they didn't take much
pains in clipping our papers. In clip
ping out censored matter thoy often
tore tho papers and clipped cross
ways, taking out news that we were
entitled to read."
Bank of O:
Capital Stj
$50,000!
TnaxacU
Bo
NEW STEAMER LINE
FOR COOS BAY
It is reported that there will be a
now lino of steamers plying between
San Francisco and Portland, stop
ping at Coos Bay and Eureka. From
San Francisco It Is expected that the
boat will mako regular trips to Los
Angeles and Monterey.
While tho namo of tho now com
pany has been withheld for tho pres
ent, arrangements aro being com
pleted at tho different ports for the
handling of tho business. Tho
steamers will bo put on the northern
run, besides towboats owned by the
company. Both steamers carry about
700 tons of Irelght and havo pas
senger accommodations for SO per
sons and havo engines which will
mako speedy runs between coast
points. It is expected that tho new
lino will begin to make regular runs
before September 1st. Coqulllo
Sontlnol.
rejiron ! 1" rttwimiiwww,!li WW"11 ViflfcpNfju
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dc myjton up
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AOKaeror Banking f WL .
v M JL D. IMau B-fl M
B North Bend. Oregon I JCl 11 1 UI 11CI
fot nuBtaftl An Electric Flat Iron j
I EYE and Ep.VpodaHsC 1' X
A JBjjr 1l f1t JH IjYf!, Save her weary steps
Jii'OIa L aJ0Yg)Ql, j J The vt-ry be t are ma by Tlie'Amr-
the Kodak on ' I ,caii Kkcl), c Y. Ql S ,,. j
your outing trip; If a! f S y $
a full line with W General Klt trie .. .flVluivo thefn - g
supplies at the m
-. . SB on hand tnA large number arc ft
iK.M LffiOSS I already in use in Mnrshfleld and if
-1 ii ,J you want to know whether they aro 9
Oakley & Arnold I " "'""""'" """ i
m owns one. ff
cim eSTl j The Coos Bay Gas & I
f j Electric Co. j
North Bend, Ore. f Matshfield and North Bend. J
Phonel210 Office in Myen Bid. W
ifhflirtM, indiiinififiin irtftrtfiiiTim HiifnMlPl,flfiTlriritrfiiniliiliiiintiilirtiiiiiiiT
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1 Get your Costumes Ready
,
H For the Prize to be Given for the
I HOMLIEST MASQUE
At the
MASQMBAU
Saturday, Aug. 17
for Best Waltz A Handsome Prize.
Ladies' Prize Waltz-Watch and Chain, $25.00.
Gentleman's Prize Waltz-Silver Shaving Mug and Brush $9.50.
Ladies' Two-Step-Gold Bracelet $9.50.
Gentleman's Two-Step-Silver Cork Screw.
And Several Other Prizes.
i . j
tt I irlrafc An ola f- ...-1 1 i -
H ..wtvio ocuc at acvcrai ousmess nouses $1.Z5. 3
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w.-JvmMPwMhIP- i BbaMvMvHvHivjSHvMlvvvvA A H1
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