Ed F. McFaddin

“ It is one where persons acting in concert have assembled in an attempt to prevent by force or violence some other person from engaging in a lawful occupation. Keeping in mind such idea of an "unlawful assemblage," we come to offense B. Since the State can prohibit the unlawful assemblage denounced in section 2-A3 (the constitutionality of which we have upheld) , [4] then it seems clear that the State can also constitutionally prohibit by § 2-B3 any person from promoting, encouraging or aiding "such unlawful assemblage." ”

“ Jones said, Come on, boys, and strikers flew up like Blackbirds and came fighting."
Did the defendants "encourage, aid and abet the unlawful assemblage?" Witnesses testified that the defendants spent most of the day of December 26th at the place where the labor dispute was in progress. That an act of violence was agreed upon is shown by the testimony of the witnesses, Bishop Jackson:
"Q. You say you were down at the tent that morning? A. Yes, sir. Q. When these defendants here, Louis Jones and the others, were in a discussion and were talking about talking to the men that were working? ”

“ Any person guilty of violating this section shall be deemed guilty of a felony, and upon conviction thereof shall be punished by confinement in the State Penitentiary for not less than one (1) year, nor more than two (2) years. ”