Jasper County Democrat, Volume 15, Number 77, Rensselaer, Jasper County, 28 December 1912 — GENERAL AND STATE NEWS [ARTICLE]

GENERAL AND STATE NEWS

Telegraphic Reports from Many Parts of the Country SHORT BITS OF THE UNUSUAL Happenings in Distant and Nearby Cities and Towns——Matters of Minor Mention from Many Places. .' Y •. . ■ •. v •• '•. '■"••• .■ '■ y ; Indianapolis, Dec. 27.—Instructed by Judge Albert B. Anderson to receive the testimony of Ortie E. MeManigal and Edward Clark, confessed dynamiters and co-conßpirators In the dynamite case, with caution and to scrutinize it with care, the Jury retired to consider the verdicts of the forty defendants on trial. Judge Anderson required but fortyfive minutes in which to deliver his instructions, and there was a grand rush for Judge Anderson’s private chamber at the conclusion of his charge by both counsel for defense and prominent persons present at the trial to congratulate the jurist on the fairness and clearness of his instructions. Many defendants expressed satisfaction over the Instructions. Excludes the McNamaras. After the customary words to the jury on its duty, Judge Anderson said: “This indictment is against fiftyfour defendants. The present trial, however, does not, and your verdict will not include the defendants John J. McNamara, John J. McCray, James B. McNamara, Ortie E. McManigal, Edward Clark or nlneotherß who have either been dismissed or are not on trial here.” He then read the names of the forty defendants against whom verdicts may be returned, after which he Instructed the Jurors as to the statute of the United States on conspiracy and the transportation of explosives on passenger vehicles engaged In interstate traffic.

He said a conspiracy is rarely proved by positive testimony because a combination of individuals do not act openly, and their guilt can be proved only by circumstantial evidence. He also instructed the Jury not to consider the acts or declarations of individual defendants as affecting any other defendant, unless it finds from the evidence of the existence of such conspiracy, that such other defendant was a member thereof. Organized Labor Not on Trial. He emphasized the fact that, organized labor is not on trial and that men have the right to use their combined power.through organizations to advance their interests in any lawful way. Also that it is not unlawful for the defendants to be members of the International Association of Bridge and Structural Iron Workers or any other organization. Judge Anderson explained that evidence of the various explosions over the country were permitted to go in evidence to show the community of purpose alone and should mot be considered on any other issue. “The burden of proving each defendant guilty, as charged, rests upon the government, and this burden does not shift from It,” said the Judge. “You may find the defendants guilty upon all the counts of the indictment upon which they are now on trial, if you are satisfied beyond a reasonable doubt that the proofs justify it, or you may find the defendants guilty upon any one or more of the counts, and not guilty upon the others." He instructed the Jury not to consider the failure of the nine defendants to testify in their own behalf, nor draw any inference to their prejudice from such omission. Judge Anderson also instructed the Jury to disregard the testimony of William J. Burns, the detective, detailing a conversation with the defendant, Herbert S. Hockin, in which he made statement to Hockin about defendant Tveitmoe having a penitentiary record. He instructed the Jury to consider the testimony of character witnesses introduced by the defendants. ' ' ' ■ •

Indianapolis, Dec. 26.—Hundreds of school teachers from all parts of the state arrived today for the fifty-ninth annual convention of the Indiana State Teachers’ association, which opens tonight. It is expected that the registration will be the largest in the history of the association. Senator Robert M. La Follette of Wisconsin will deliver an address at the opening session tonight. Vocational education will be the principal topic for discussion at this convention and the commission appointed at the last session of the legislature to investigate the needs of vocational and agricultural education in the Indiana schools will make its report through Senator W. A. Yarllnc of BhelbyvlUe.

ohainnan of the commission. This oommission also will make a report to the legislature next month and an effort will be made to have the legislature make provision for vocational and agricultural education in the public schools of the state. In addition to general meetings of the association, there will be a large number of sectional meetings for the discussion of school work along special lines.