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James Schmidt

Released
Gender:Male
Era:1910s
State:South Dakota
Support
Labor Organizing Industrial Workers of the World (IWW)
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Biography

James Schmidt was an itinerant IWW member prosecuted at Aberdeen, South Dakota in 1915 for killing a railroad brakeman. By the defense account reported in labor and later scholarly sources, the brakeman attempted to extort money from Schmidt and then threatened or tried to shoot him; Schmidt maintained he acted in self-defense. The case went to trial, the jury failed to reach a verdict — a majority reportedly favoring acquittal on self-defense grounds — and Schmidt remained confined for a little more than a year while prosecutors considered a retrial. The charge was dismissed on October 7, 1916 and he was released. Descriptions of the case as dismissed "without trial" are misleading: there was a trial, it ended without a verdict, and no retrial followed. The exact institution of his custody is unresolved.

Case

Charges: Array
Incarcerated: 1915
Released: Oct 7, 1916
Sentence: Held slightly more than a year through the mistrial and the wait for a retrial that never came; released on dismissal, October 7, 1916.
Convicted: No — hung jury at trial; charge dismissed October 7, 1916