The captured Wobblies were charged with murder, and the resulting trial was held in Montesano, in nearby Grays Harbor County. After a trial that received national coverage, two Wobblies were acquitted (including Elmer Smith), one was found not guilty by reason of insanity, two were found guilty of third-degree murder, and the other five were convicted of second-degree murder. Judge John Wilson refused to accept the verdict since Washington State law did not recognize a charge of third-degree murder. After a few more hours of deliberation, the jury changed its verdict for those two prisoners. Those convicted were sentenced to prison terms of 25–40 years, which the author Tom Copeland wrote "shocked both the jury and the prisoners." The seven convicted IWW members appealed their lengthy sentences to the Washington Supreme Court, which unanimously affirmed Wilson's judgement in April 1921.