The Everett Massacre: A history of the class struggle in the lumber industrySmith, Walker C.
History
The Everett Massacre: A history of the class struggle in the lumber industry
Smith, Walker C.
Industrial Workers of the World; Lumbering -- Washington (State); Lumbermen -- Washington (State)
"Therefore, simplify your deliberations and determine first the
question: Did somebody on the boat unlawfully kill Jefferson Beard? If
somebody on the boat did not kill Beard, then of course Tracy could not
be guilty of aiding John Doe to do something which John Doe did not do.
But if the State has satisfied you beyond a reasonable doubt that Beard
was killed by a shot fired by somebody on the boat, then such killing is
either unlawful, in which case John Doe would be guilty of one of three
degrees of unlawful or felonious homicide, viz., murder in the first
degree, murder in the second degree, or manslaughter; or it is
justifiable in which case John Doe would not be guilty. Hence you will
render one of four verdicts in this case--
1. Guilty of murder in the first degree, or
2. Guilty of murder in the second degree, or
3. Guilty of manslaughter, or
4. Not guilty.
"It is very desirable that you reach a verdict in this case. The law
requires that your conclusion shall be unanimous. It is not required
that any one of you should surrender his individual freedom of
judgement, but it is well that each of you should have in mind that your
true verdict cannot ordinarily be reached except by mutual consideration
and discussion of all the different views that may suggest themselves to
any of your number. The jury room is no place for pride of opinion. A
verdict which is the result of real harmony, or that growing out of
open-minded discussion between jurors, and a willingness to be
convinced, with a proper regard for the opinions of others, and with a
reasonable distrust of individual views not shared by their fellows, is
a fair yielding of one reason to a stronger one; such, having in mind
the great desirability of unanimity, is not open to criticism. The law
contemplates that jurors shall, by their discussions, harmonize their
views if possible, but not that they shall compromise and yield for the
mere purpose of agreement. One should not surrender his conscientious
convictions.
"And now, ladies and gentlemen of the jury, I commit the case to your
hands. Listen to the arguments. Regardless of what may be counsel's
recollection of testimony, you must take and follow your own
recollection. You are not required to adopt any view which counsel may
suggest in argument, but you should give close attention to all they
say. Take up your task fearlessly, with but one single aim--to discharge
the obligations of your oaths. You have no class to satisfy--simply the
dictates of your own conscience."
Public-domain text, read in full here on John Shaqi.
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