Trial
Prosecution (Early February, 1898)
The attorneys for the prosecution set out to prove three main points: that the strikers agreed to march peacefully, that they marched unarmed, and that deputies fired upon them. To prove this they spent 15 days calling almost 150 witnesses to testify.
"Your honor, gentlemen of the jury. We cannot fail to realize the importance of this case which, possibly, in its importance, has no parallel in this Commonwealth or in this country. Their race or creed, their political relations or condition should have nothing to do with your case. There are two indictments, murder and felonious wounding. You may find them guilty of murder or manslaughter or you may find some guilty of murder first degree, others guilty of murder second degree, or manslaughter, and may acquit others if you find nothing against them. It is not necessary to show who fired the shot. All who were armed, aiding and abetting, are also guilty in the eyes of the law. [The strikers went to Lattimer] in an open, lawful way, candidly and honestly, and they had the right under the law to do so...The American flag the marchers had for protection was torn to shreds...[The massacre] was worse than an Indian massacre of our early settlers when there was no law...We will show you, gentlemen, that most of these men were shot in the back, while they were running away..."
- Prosecuting Attorney John McGahren [opening statement, excerpted from Guns of Lattimer]
- Prosecuting Attorney John McGahren [opening statement, excerpted from Guns of Lattimer]
Defense (Late February, 1898)
The defense conceded that the strikers were unarmed when deputies fired upon them. It was not their goal to fight this; rather the primary effort of the defense was to prove that the killings were justified.
"May it please the Court and gentlemen of the jury: It is hardly needful to say that this is probably the most momentous trial that has ever been heard in our criminal courts... As you well know, all homicide is not criminal...The story of disturbances culminating in the Lattimer riot has never been fully told...The highways were swept by surging masses of armed and desperate men. Peaceful citizens forced into their ranks. Those who resisted were set upon, beaten, clubbed, and wounded
some of them nigh unto death. Those who fled from the fury of the mob were pressured, stoned and fired upon. The sanctity of the home was violated. Dwelling houses were broken into and men dragged out of them—or forced to flee to the woods for their lives. Women were assaulted and threatened to death. Robbery was committed. Buildings were attacked and windows smashed with stones and collieries taken by storm. Men who sought to earn an honest living were driven from their work. The whole community was terrorized. The local authorities were powerless; and law had been supplanted by anarchy...That, gentlemen, is the story of Lattimer as you will hear it from the defendant's witnesses and when you have heard it , and have listened to the charge of the Court upon the law of the case, we shall hope for acquittal—a verdict that will say to the world that these men did no deed of crime..."
-Defense Attorney George S. Ferris [opening statement, excerpted from Guns of Lattimer]
some of them nigh unto death. Those who fled from the fury of the mob were pressured, stoned and fired upon. The sanctity of the home was violated. Dwelling houses were broken into and men dragged out of them—or forced to flee to the woods for their lives. Women were assaulted and threatened to death. Robbery was committed. Buildings were attacked and windows smashed with stones and collieries taken by storm. Men who sought to earn an honest living were driven from their work. The whole community was terrorized. The local authorities were powerless; and law had been supplanted by anarchy...That, gentlemen, is the story of Lattimer as you will hear it from the defendant's witnesses and when you have heard it , and have listened to the charge of the Court upon the law of the case, we shall hope for acquittal—a verdict that will say to the world that these men did no deed of crime..."
-Defense Attorney George S. Ferris [opening statement, excerpted from Guns of Lattimer]
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"Sheriff Martin's posse, soon to be acquitted" (click to enlarge)
Verdict (March 9, 1898)
On March 9, 1898 the jury acquitted Sheriff Martin and his deputies of murder charges. While the verdict was widely debated, most modern day historians agree that it was driven by ethnic prejudices.
"Gentlemen of the jury. Harken to your verdict as the court has recorded it. You and each of you do say that in the case of the Commonwealth against James Martin and others, for the killing of Mike Cheslak, you do find the defendants not guilty."
-Clerk Jeffries [reading of the verdict, excerpted from the Guns of Lattimer]
-Clerk Jeffries [reading of the verdict, excerpted from the Guns of Lattimer]
"The widow and family of Mike Cheslak"