Search America's historic newspaper pages from 1789-1963 or use the U.S. Newspaper Directory to find information about American newspapers published between 1690-present. Chronicling America is sponsored jointly by the
National Endowment for the Humanities and the Library of Congress. external link Learn more
Image provided by: University of Illinois at Urbana-Champaign Library, Urbana, IL
Newspaper Page Text
Butler, J. E. Munsey, John H. Barry, v Peter J. Smith, Henry W. LegleltneY, Ernest C. W. Basey, Paul J. Mornn, William :E. fteddin, Michael J. Han nan, Murray L. Pennell, Edward Smythe, George AndersonFrank J. Higgins, Frank K. Painter, Fred J. Mooney, William .Shupe and Michael J. Cunnane, for the following rea sons, to-wit: . , "1. We believe that the' above named persons did not have a fair and impartial trial before Judge And erson. We are more convinced of it of the fact that a train was char tered for the conveyance of the men, to the Fort Leavenworth peni tentiary fptty (40) days in advance of the verdict of the jury. After sentence was pronounced, Judge Anderson "railroaded' the men. to the penitentiary without giving them an opportunity to apply for a super sedeas in the U. S. Court of Anneals. That courtMater granted a super sedeas and released the men on bail. "2. We believe in. the innocence of the men. It was sb.own.that the verdict -of the jury was, ong, at least as to fourteen men, six of, whom were granted new trials by theourt of Appeals, and eight jmen were re leased by Judge Anderson hiniself, and yet It was the same jury that "convicted alKof the defendants. "3. We believe, that the verdict of the jury -gSdue to inflammatory speeches and misconduct on the part of Judge Anderson and ex-United States District Attorney Miller. "4. We believe' that the whole prosecution was and- is an attempt to break up he. International Asso ciation of Bridge and Structural Iron Workers'and to discredit organized labor generally:" ' " To this petition has been -added a letter from "Elijah N. Zoline, ,-who with Chester H. Krum, ..represents the ironworkers. ' i' In the letter Zoline makes the charge that Judge Anderson was prejudiced against the defendants and that when a petition for a change 1 the part of. Judge Anderson, I of venue was prpsepted to- hinu he new into a nt oarage, ana tnreatenea the attorneys for the. defense with contempt 0f court proqeedings. v"In the afternoon of the" same day," the letter continues, "Judge Anderson sent for the attorneys and assured them he had no prejudice against organized labor and urged th.eni to withdraw their petition for a change of venue. Thus by threat and intimidation and false promises Judge Anderson retained jurisdiction in the case. That he was manifestly unfair is shown "inline petition. , "A special train to conyey the de fendants to the Leavenworth .peni tentiary without a stopover, either at Chicago or Kansas City, was ordered during the trial and forty days. before the verdict, of the jury. The verdict " was returned on December 26, 1912. Fac-simile copies of letters of Su perintendent' of Terminals of the Mis souri Pacific Railway are herewith attached.dated November 19, 1912, December 14, 1912, and December 24, 1912J No comment is necessary on this Incident, but perhaps Judge Anderson may explain why, in spite of the protest on the part of the 'de fense, he held court on Christmas day. Was at with a view of previous train arrangements? Compare dates;' The' last letter refered to, written on Dec. 24, conveyed $e information that the shipment of prisoners would be ready on or-about Dec. 28. Zoline then points out that al though sentence was pronounced at noon, the men were on their way to the penitentiary an hour later. Uhjs is grounds to suppose thai the com mitment papers were made out be fore sentence was passed. The attorney charges that Ander son iy Jfacial expressions and 4rer auent outbursts of passion, when at tacking the attorneys, defendants and ' witnesses, hurt the defense in tne eyes of the jury. "The threats and intimidation on. savs . lnu.ZA. .. ttffi rJifevau. A& &.UK JA.