Page:The Green Bag (1889–1914), Volume 18.pdf/490

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THE GILHOOLEY CASE when Carlstrom was reported dead that there was a general scurrying for corners, and how he (Meller) had hid in a feed store for three weeks, and when arrested was shot at six times by the police, one bullet passing through the sleeve of his coat; that when he had entered his plea of guilty on the second day of the trial he at once placed himself in the hands of the police for protection from possible molestation and had voluntarily sought their guardianship until the day he was called to the witness stand. The defense tried on cross-exami nation to weaken his testimony by insinuat ing that he had been promised immunity by the state, or that his story was manufactured, and the like, but the attack was unsuccess ful. Policemen, lawyers, and laymen were placed upon the stand and testified to the confessions and statements of Newman, Casey, Heiden, Novak, Miller, and Deutsch; that these statements were truly and accurately reported by competent stenog raphers and were freely and voluntarily made, and there was more evidence on the part of the state. Guns of all caliber from the great thirteen-inch type to those of the very small pop variety were aimed at these wit nesses with a view to making it appear that the confessions were made either through fear, hope, or promise, but again the attack was unsuccessful. While Mr. Meckel was upon the stand it developed that he had previously stated to one of the defendants, Newman, "that one of his men had been killed and that he would leave no stone unturned to find the guilty party," and this by the defendant was argued as grevious error and most damaging as showing exces sive interest, but still the state's structure held: for days was it builded and for as many days did the defense endeavor to tear it down and destroy it. And then came the defense: First, that on April 7, 1905, twenty men from the Woods Motor Vehicle Co. had attended the executive committee meeting of Local No. 4, and that during the time they were there

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no one conspired to slug or beat any one. Next that Novak was not a member of the executive committee until a week later, and that on April 7th he was at home; next that Heiden was drunk when he was at the police station and had no knowledge of what was said or done there, at the time he was said to have made a statement as to his part in the affair; next that certain questions asked of Casey, Newman, and others of the defendants by the prosecuting officer were in the nature of threats or promises and that Deutsch 's statement was either inac curately reported by the stenographer or that he had no recollection of having answered as the statement set forth that he did; that the identification of Gilhooley and Looney by the ladies who claimed to have witnessed the assault upon Carl strom was vague, hazy, uncertain, and un true; that Shields instead of going to Colorado to escape punishment had ridden for hundreds of miles on the trucks of a railroad train, walked some hundreds of additional miles, and finally landed in Colo rado simply to find work, though he did say further that he went there also because he saw his name mixed up in the trouble and not having friends to furnish $15,000 bail he thought he had best leave town; and then there were constitutional questions raised and objections and technicalities by the score to overcome. The case as to Feeley was taken by the judge from the jury, but finally the evidence of both sides was in, and after days of argument the jury retired to deliberate, and seven hours later returned into court with the following ver dicts : Charles Gilhooley, guilty of conspiracy in manner and form, as charged in the indict ment, punishment fixed at imprisonment in the penitentiary and a $2,000 fine. Marcus Looney, Charles Casey, Henry Newman, Edward Shields, John Heiden, and Charles Deutsch, all guilty of conspir acy as charged, and punishment fixed at imprisonment in the penitentiary.