There are no limits to which
powers of privilege will not go
to keep the workers in slavery.
-Mother Jones
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Hellraisers Journal, Friday September 15, 1916
Duluth, Minnesota – I. W. W. Defendants in Court
From The Duluth News Tribune of September 14, 1916:
NINE I. W. W.’S AWAIT, DECISION
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Attorneys for Prisoners Argue Motion
to Quash Indictments for Murder.
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COURT TO DECIDE TODAY
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Other Prisoners Indicted for Offenses
on Range Plead Guilty.
—–Whether or not the nine prisoners indicted for murder in the first degree for the alleged killing of James Myron, deputy sheriff, at Biwabik, will go free or whether they will have to face trial will be known this morning at 9:00 o’clock when Judge Bert Fesler will give his decision in the district court on a motion made by attorneys for the defense to quash indictments on the grounds of illegal search and seizure of certain property of the defendants by Sheriff John Meining.
Arguments lasted all day and were concluded late yesterday afternoon. Assistant County Attorney Boyle of Virginia represented the state while Attorney John A. Keyes of Duluth assisted by Attorneys Arthur Le Seur of Fort Scott, Kansas and L. O. Whitsell of Denver, Colo., appeared for the defendants.
Prisoners Greet Friends.
The prisoners sitting in the front row of chairs just inside the railing waved greetings to scores of friends, who attended the hearing. Miss Elizabeth Gurley Flynn, noted I. W. W. speaker was an interested spectator. Carlo Tresco sat with Sam Scarlet [Scarlett] and Joseph Schmidt, all indicted I. W. W. agitators, listened intently to the proceedings. Tresco has raised a luxuriant goatee since his imprisonment, giving him a rather distinguished look. He appeared to be unable to keep his hands away from it. Mrs. Marsonovitch [Masonovich] sat with her husband and from time to time talked excitedly with much gesticulation.
Seizure of Books Questioned.
Attorneys for the defense made a desperate effort to smash through the legal barriers to a quick freedom. They held that the seizure of four “I. W. W. red books” by Sheriff Meining, was unconstitutional. The books contained a preamble of the purposes of the I. W. W. and the names of several members, among whom were several of the defendants.
Attorneys for the defense alleged that the books were not only wrongfully seized but that after seizure had been used as evidence in the preliminary hearing in the municipal court at Duluth and in grand jury sessions at Virginia.
Sheriff Meining in a counter affidavit declared that the coats had been given him by a twelve-year-old boy, a son of Philip Marsonovich…
[Photograph added.]
From today’s News Tribune:
I. W. W.’s MAY ASK COURT TO CHANGE VENUE
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Request that Murder Trials Be Held Outside
St. Louis County Is Expected.
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MUST DEFEND CHARGES
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District Judge Fesler Denies Motion to
Quash Indictments Against Nine.
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Application for a change of venue may be the next move in the defense of nine I. W. W. agitators and strikers indicted for murder in the first degree in connection with the slaying of Deputy Sheriff James Myron at Biwabik. This was indicated yesterday, following the refusal of Judge Bert Fesler to quash the indictments, when John Keyes, counsel for the defendants, asked for additional time to prepare further motions preliminary to arraignment scheduled for 2 p. m. tomorrow. He refused, however, to either deny or affirm that a change of venue would be asked.
Allegations Necessary.
Change of venue is usually granted on allegations that defendants are unable to secure a fair and impartial trial in the county where the indictments are returned because of prejudice either of courts or of populace. Attorney Keyes left for St. Paul last night and will not be back until Saturday, it is understood.
Arguments were concluded yesterday morning on the motion to quash indictments against Carlo Tresca, Sam Scarlett and Joe Schmidt, I. W. W. agitators and against Phillip Masonovich, Maliela Masonovich, Joe Nikich, John Orlandich and Joseph Zernogortovich on the grounds of illegal search and seizure of four coats and four I. W. W. “red books.”
Assistant County Attorney Boyle stated that the books had not been used as evidence nor would they be used against any of the defendants except the three agitators who are held as accessories.
Rules Against Prisoners.
In rendering the decision against the motion to quash the indictments the court said that, while its sympathy was entirely with the defendants’ attorneys that every citizen should be safeguarded against unlawful search and seizure and that no man should be compelled to act as a witness against himself, it did not appear from the affidavits filed that any evidence had been obtained for any particular defendant by unlawful search and seizure and used before the grand jury against any of the men from whom it was taken.
It appeared that the coats in question had been taken by the sheriff to be delivered to their owners in the county jail but after he had secured the coats he found the papers and documents which tended to incriminate other parties. It was on this evidence that Tresca, Schmidt and Scarlett was indicted.
No Evidence Obtained.
The court stated that if in any case it should appear that evidence had been secured by unlawful search and seizure that he would quash any indictment based on such evidence but in this case no such state of facts existed and the prisoners had this far been prosecuted exactly the same way as any other accused of a felony.
Attorneys for the defense took exception to the ruling and it is understood that if conviction follows trial the same question submitted to Judge Fesler will be presented to the supreme court for its decision.
The motion of the defendants to have the court order the return of the four coats and contents of pockets taken from the Marsonovich home was also denied.
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[Photograph added.]
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SOURCE
The Duluth News Tribune
(Duluth, Minnesota)
-Sept 14, 1916, page 9
-Sept 15, 1916, pages 1 & 7
http://www.genealogybank.com/
IMAGES
EGF, Tresca, MN Iron Miners Strike, Logansport (IN) Daily Tb, July 29, 1916
https://www.newspapers.com/image/32398809
P & M Masonovich & Boarders, ISR, Sept 1916
https://books.google.com/books/reader?id=SVRIAAAAYAAJ&printsec=frontcover&output=reader&source=gbs_atb&pg=GBS.PA161
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