- THE ADLETS Increased In 11 months to Aug. 1, 33,923, or an average gain oriOO a day. min pjIrora Increased iu 11 xnontlui to Aug. 1, 33,923, or an average gainoriOO a day. ,0 Tian)i'. - ' , - - - r i ji - iwssKnrTE-w- -.- j. - tf ., '.jjK"iw'-v i - ' u - - v -wot- -y sBJSBti'" - '-""'" i --i . v ff THE AULtTS iHsinttfl) FORTY SEVENTH TEAR. IN COME BACK AT PINKERTOKS ; ANO OFFICIALS, Hngli Boss Charges Murder . Against Fifteen People on tlie Other Side. m FEICK IN THE LIST, But the Warrant for His Arrest Held Until He Recovers. Leishman, Lovejoy, Frlck and Curry Conceded Ball by District Attorney Burleigh The Amount Placed at $10, 000 Apiece Judge Ewing States That the Men and Firm Do Not Occupy the Same Position The Company Had a v Bight to Defend Its Property Mr. Cox Denies the Suits Are Retaliatory. The locked out men of Homestead have at last made good their threat to prefer charges of murder against the officials of the Carnegie Iron and Steel Company. She Pinkerton brothers and some of their de tectives are included in the list. A move of this sort had been generally expected, so the events of yesterday were not in the nature of a surprise. Of the five men who surrendered themselves, or upon whom warrants were served yesterday, H. CL Prick, F. T. F. Lovejoy and John Leish man were released on $10,000 bail each, and Kevin McConnell and James Dover are now in jail awaiting the convening of the court this morning, when their cases will be argued. Yesterday morning about 11 o'clock Hugh Boss, one of the men accused with aggra vated riot and murder, who is now out on $12,000 bail, came to the office of Attorney W. J. Brennen and attached his signature to an information which had be,en drawn up by Attorneys Brennen and Cox, the counsel for Boss and the Amalgamated Association. Warrants Iained by Alderman Klnc Armed with this paper the attorneys, ac companied by the Informant and Chris Steward, went to Alderman Festus M. King's office on the Southside, where the in 'formationi were dnly sworn to and entered. The accusation reads as follows: Commonwealth -of Pennsylvania TH. C' FrlckjF. T. F. Lovejoy, Robert Pinkerton, "William Pinkerton. J. A. Potter, G. A. Corey, J. G. A Xeisliman, H. M. Curry, C W. Bedell, Prod Primer, W. H. Burt, Kevin McConnell, James Dovey, John Cooper and Fred W. Hinde. Coitmoj.-weai.tii or PzirasvLVAriA, loujtty of allegheut. City or Pittsburg, Before me, the subscriber, Festus M. King, an alderman In andfor the said city of Pitts burg, personally came Hugh Boss, wbo upon oath administered according to law, de poses and says that in illfflln township. In the county of Allegheny, and State of Penn sylvania, on the 6th day of July, 1892, H. a Frick, F. T. F. Lovejoy, Bobort Pinkerton, William Pinkerton, J. A Potter, G. A. Corey, J. G. A. Leishman. H. M. Curry, C. W. Be dell. Fred Primer, TV. H. Burt, Kevin Mc Connell, James Dovey, John Cooper and Fred W. lllnde, did of their malico afore thought feloniously . and riotously, with force and arms and deadly weapons, kill ind murdorand did cause feloniously to be killed and murdered John E. Morris, George W. Butter, Silas Wayne and Joseph Sotax, then and there boins in the peace of tbe Commonwealth of Pennsylvania. Prays for Their Arrest. This Information is made upon informa tion received and belloved to be true by this deponent. Complainant therefore prays and desires that a warrant may issue and the aforesaid defendants may be arrested and held to answer tbe charge of murder, and further deponent sayeth not. Sworn and subscribed to before me this Sd day or August, A. D., 1892. Huan Boss. Festus M. Knto, Alderman. Mr. Frick is known as the Chairman of the Carnegie interests, Mr. Leishman, Vice Chairman; Mr. Curry, Treasurer; Mr. Love joy, Secretary, Mr. Potter.Superintendent of the Homestead works and Mr. Corey an under superintendent. Nevin McConnell was a heater at the works, but was recently promoted to the superintendency of open hearth furnace Xoi 2, and James Dovey is Master of Transportation. Robert and "William Pinkerton are the head of the de tective agency which bears their name, and the other five men were their detectives, who were on the barges the day of the fight, and who subsequently appeared against O'Donnell when he applied to be admitted to bail Chairman Frick Not Arrested. As soon as the information was made warrants were issued forthe arrests of those named, with the exception of Mr. Frick. His warrant was held, out of consideration for his condition. The warrants for the peo ple at Homestead were given into tbe hands of Cnris. Steward, a constable of the bor ough ot Homestead, who returned to the little town by the river on the first train to search for the parties wanted. The serving of the warrants on Secretary Lovejoy, J. G. Leishman and H. M. Curry was entrusted to Joseph "Walls, of Alderman King's office. Mr. "Walls did not find the gentlemen he wished, for they had been apprised early in the day of the intended move, and while he was waiting at the office of the company for them to make an appearance, the accused aieu, with their counsel, were busy attend ing to tbe preliminary matters involved in making an application to be admitted to bail." As soon as the counsel for the Carnegie people were certain that the informations had been entered, they sent word to Alder man King stating that their clients wished to appear before hint to be taken to, court fcrbaiL The messenger returned with the information that the Alderman was not in. Messrs. Leishman, Curry and Xovejoy, with their lawyers, then began a still hunt for Judge .Ewing to' make application for baiL The Judge was, easily foundand expressed his willingness to listen to the application. District Attorney Burleigh sent a messenger after Alderman King, who soon arrived. THE HEARING IN COURT. JUDGE; EWING A'KS whx the ac cused ARE HELD. District Attorney Bnrlelch Concedes Ball to Frlck, Lelihmap, Lovfjoy and Carry Released on 510,000 Bonds Sharp Cross-Flre Tletween the Court and Lawyers. It was not generally known that the ap plications for bail for the Carnegie officials were being heard In the Common Pleas Court room yesterday, so the audience was very small, indeed. Besides the accused men, a number of people connected with tbe company and the reporters, there was hardly anyone else present. Judge Ewing sat on the bench and gave his opinions in a decided manner. There was a great deal of cross-firing between the Judge and the attorneys, which was thoroughly relished by all present I twas reported that Superin tendent Potter was in court part of the time listening to Jhe proceedings. WV.en he heard Mr. Cox say that Potter was one of the men who would not be conceded bail it is said the Superintendent retired, and the constables have been looking for him ever since. Judge Ewing wasn't long in getting down to business, and opened the case with the question: Well, gentlemen, w bat is the general out line of j our ground for holding the accused! Mr. Burleigh I would ask Jdr. Brennen to state that. Mr. Brennen Well, we are informed that four of theso men that are charged here possibly five of them were on the boat. Judgo Ewing lr you wish me to take Ju dicial notice of common rumors and news paper stories, I snpposo I understand what you are talking about. Mr. Brcnnon That they were on the boat that morning, and one of tbem ordered tbe firing upon tbe citizens, and the others stood by and assisted. ' The Hall conceded. Judge Ewing Well, that is a portion. Now who are they that yon concede to be entitled to be admitted to ballt 11 r. Cox All excepting Mr. Dovey.Mr. jicCounell, and Mr. Potter, Mr. . Curry and Mr. Lovejoy. JudseEtving That would be five. How many informations are theret Mr. Cox Well, I suppose about 12. So far as the Carnegie people are concerned, Mr. Lelshmau and Jtr. Frlck himself, and Mr. Curry, we are satisfied. Judge Ewing Well, what is your ground for holding anybody? Mr. Brennen Well, that there were four men killed; and that eight of these men (de fendants) were on the boat. Judge Ewing Where were the mon when they were killed what were tbey dolngl Mr. Brennen Well, we say they were not doing anything. Judge Ewing Well, where were theyt Mr. Burleigh On the boat or bankt Jtr. Brennen They were on the bank of the river. Tbey were not doing anything. Judgo Ewing What were they doing there? Position of the Men. Mr. Brennen Well, that we do not know. ' They were curiosity seekers, I suppose. Of coarse, our position in this thing, your honor, is largely thus: I take it that the position taken by the Carnegie Company was thattbnt property was In the possession of the Sheriff of Allegheny county; that while in the possession ot the Sheriff of Allegheny cuwrtr tbey brqnght 800 arnredr men to take possession of the property; or, rather I nm putting it strongly that it was not la their possession, bat It was iu tbe possession of -a mob that was there. That was their position, and tbey called upon the Sheriff to put them In possession. Tlio Sheriff did not act In the premises, I suppose, fnt enough for them, and then they armed 300 men, or badarmsfor 300 men, of whom probably 60 or 100 were armed, and thev took tbem up there to take possession or the property without a legal proeesg; that by to dolu', I take It, they occupied very largely the relation spoken of by Judge Paxson In an Eastern case. "This thing of armed people on both sides proposing to de cide questions that ought to be decided in courts." Judge Ewing What question was to be decided between these parties? One bad an undisputed right to their property; the others had none whatever. Mr. Brennen Well, that was a matter that, it seemed to me, would have to be de termined in some other, way than sum marily. Not TJnder Claim or Right. Judge Ening Well, was there any ques tion about that? That is not the case ot one party in possession of a piece of property under claim of right an lonest claim of right and the party wbo claims it, Instead of brlnglnz his ejectment or .bringing him personally before the magistrate, goes with force to thrust him out That is not - the Mr. Brennen Woll, It occupies a very close relationship to that. Judge Ewing No, none at all. If you would come home and find me In possession of your house, and holding It where I never had any claim Mr. Brennen Well, Tour Honor does not undertake to say that a man can jro oat and arm 200 or 300 men and come in and take pos session? Judge Ewins Ton can take possession cf your house, and if I use violence I have to look out for It. Mr. Brennen Well, wo do not, of course, take that view of the matter, Tour Honor. Jndgo Ewing Woll, then, what I want to get at is, this being a question of law, what tbe precise facts are in lesnrd to a particular man. J have no doubt about the right of a party to hold the property. Mr. Brennen We had not a particle of rizht to bold that property, lr they were In possession: but they nave said they were not In possession of the property: and, there fore, not being In possession of the piop ert,tho question is whether or not these patties bad anyrichts theie. Itseomsto mo they had a legal remedy to apply, but no right to take a lot of armed men in to take possession and, if somebody interferes, to shoot tho man. Judge Ewing Were your people in posses sion? Mr. Brennen Why, that I do not know. These people were there. There Is talk about theso peoplo trespassing upon this property, but irom what we gather they had property lencedin there that did not belong to themselves at all, but belonged to the city of Pittsburg. Taken from tho River. , Mr. Cox It belongs to the United States Government, and I think the very ground that these people were on was not tbe prop erty or Carnegie Brothers. , Judgo Ewing I dlcTnot know the United States Government owned any of that prop erty. Mr. Cox By their encroaching process on tho river they have made 25 or 30 acres of giound that tbey never bought. Judge Ewaig If I understand the situa tion aright the men killed had no right there whatovorj Mr. Brennen That I do not know. Judge Ewing Well, they were not own ers. They weie not representatives or the owners. Mr. Brennen It seems to me a 'trespass would not justify a killing. Judge Ewing Not an ordinary trespass, no. . . Mr. Brennen And If these people were there merely as trespasers, that did mot justlty the killing? Judge Ewing Well, that depends on the circumstances of their trespass. tr. Brennen That if a lot of men ran down there to tbe river Judge Ewing I do not understand that a man, when there is a mob attacking him or his property, is bonnd to be Mr. Brennen Well, there had been no attaok on them or tbelr pioperty up until that time. Judge Ewing The fact that there Is a large number of people there Mr. Brennen Would only Indicate that they were trespassers. home Defendants Present. Judge Ewing-A.ro the defendants here? Mr. Burleigh There are four ot them here, I understand. ' Judge Ewing What fourt , Captain Breck Mr. Lovejoy, Mr. Curry , PITTSBURG, THURSDAY. AUGUST. 4. 1892 and Mr. Leishman three. We did not know until a few moments ago that tho warrants had been Issued. Judge Ewing There wnsa waiver of bear ing befoie the magistrate? Mr. Brennen No, there has not been. . Mr. Burlolgb So I understand lrom the counsel for the defendants. Judge Ewing Did you waive a hearing before the magistrate? Some attorney rep resenting tho defendants has the light to do that. F Mr. Burleigh Yes, sir. JncUre Ewing Old nny of you go over? Mr. Kobb No. there were none of us over. We received a message, and wo did not know it until 10 or 15 minutes ago. Mr. Burlelge In this case tbey could not give ball for a bearing. Judge Ewing No. I presume It could be done with tbe consent of tbe District At torney. Mr. Barlelgh Could that not be as well done in court as before the Alderman? Judge Ewing I think not. Have you any witnesses? Like the Other Cases. Mr. Brennan No, wo assumed that this would be conducted the same as was dono In the other cases when we came in. We asked for a hearing, and asked them If they were ready. They said "NO, wo will be ready to morrow morning." We begged and coaxed them in court to let us do this thing, and they would not do It. Mr. Bobb Mr. Brennan waived a hearing right In court. Mr. Brennen Every man wasarrestedand every man was In Jail before that. ' Mr. Robb Ton waived your hearing right in court. Mr. Brennan No, wo did not; we did it before that. Judge Ewing I think tho regular way is to have tho bearing waived. Mr. Brennen In every instance the man was in jail. They insisted upon tho men "being delivered in Jail before they would consider the case at all, and then said: "We will bring the evidence to morrow." Judge Ewing Well, if it is intended merely for delay we will hear them. Mr. Bobb I do nqt see. If Toar "Honor please, If tbe District Attorney is ready to consent to It, why we cannot waive a hear ing right in court. The object is to get into court, and when the parties aie in court Judge Ewing The Court has no chargo be fore it. Mr. Brennen These people do not really know that there is an information made, as far as that Is concerned, except what they rend In tbe nowspapers. Mr. Kobb Ton do not denyifc. Judgo Ewing As I understand It, I think we bad better not make bad mecedents. Mr. Kobb If Tour Honor will give us 15 minutes we will endeavor to reacn the Alderman. Judge Ewing We will give you whatever time Is necessary. Bail Conceded to Foar. Alderman King appeared in court with the records in the case and the defendants waived a hearing and proposed to give ball for trial at court. Mr. Burleigh It is concoded, if the Court please, that if. C. Frick, H. M. Curry, Mr. Leishman and Mr. Lovejoy are entitled to be released upon bail. Judge Ewing Then we will not go Into any hearing about those; and, there being no bearing, there is nothing to do but sim ply take them in charge. I suppose they can give $10,000 as easily as $1,000. Wbo do yon offer as ball? Mr. Patterson A W. Mellon and It. B. Mellon. Judge Ewing Well, they are perfectly good. That leaves five wbo are parties de fendant. The Court is ready for a hearing. Do I understand you to say that all these parties are present? Mr. Brennen Tes, Tour Honor, except those four that we have mentioned. Judge Ewing Now I will say to you that I do not know what yon have. I think It Is possible for a person present to bejrullty of murder in tbe first degree. Ton have as sumed that the Court knows the general cir cumstances as stated and as stated by the men on the shore, who made the attaok. As I see in the newspapers I do not think that you oould even make out a charge of mur der against tbe men generally In charge, unless thero was, unnecessarily, at tbe time, the shooting of some man; and especially murder in the first degree. 1 think It is hardly possible that there Is a case against them. ' Parties Not on tfaer Same Footing. The two parties standi n an entirely differ ent position. The parties attacking, that are charged in the other cases, were there without the shadow of a right and without tbe shadow of legal authority. Tbe others were there with legal right. Whether they went in tbe right way Is another ques tion, but It does noc make it mnrder in the first degree in any aspect, whereas those wbo went there were Illegally there taking the statement of their own friends as published; they were there illegal ly. These were not. And unless you are pie pared to show that there was a deliberate killing, unnecessary to resist the mob, then there Is no use in taking up time in hearing the charge of murder of tho first degree, be cause there Is not an element of murder in the first degree In it. It would not be mur der In the first degree to resist a mob lor the possession of property. There has been a great deal of useless talk by men wbo ought to know better that these parties stand on an equality. They do nor, and It is a great In Jury to these men. It does a great deal to ward fostering and stirring up disorder and mob rule when newspapers ana some law yers undortake to treat them as being on an equality in right, or claim that the parties haduilsht to be theie and to resist. They had none. If you are not prepared to show that there Is a reasonable ground tor believ ing that some of these men deliberately and intentionally killed a man unecessarlly in the defense there.there is no use In going on with It. Mr. Brennen I think we can show you one of our men it as shot who merely held up a loaf of bread, and was shot off this boat. Judge Ewing That may be, if he was there in the way. Not Nice In Defending Property. Mr. Brennen There wasn't any shooting at that time except off the boat. ' Judge Ewing It is not necessary that thero should be shooting If, there is a mob there. When you get an nrmed mob that has been shooting people that are there one tbe other side forthe protection of prop erty they are not very nice about it. Mr. Brennen And, really, they were not very nice. Judge Ewing They ara not bound to wait until tbey are attacked and fire simply shot for shot. If you are prepaied to prove any thing of this sort 1 want to hear It: bnt I mention If you are noc there is no use in tak ing up time. Mr. Cox That is our information. I think we can prove that. Mr. Biennen lhat the firing was com menced by tho shooting of u man who fell Judge Ewing It is not very material in ro caid to that. If there is any probable cause to make a case In law. then I am willing to sit patiently and hear it Just as long as may be necessary. But I gave yon my geneial idea of the law, and 1 haven't anv doubt about tbe law; and I do not think anv law yer or any respectable court will hold any thing else. Mr. Brennen Oh, we understand, Tour Honor tomakelt murder of the first degree, that it will have to bo taken out of the statute, and that we s ill have to show that there was some specific Intent to kill. Judge Ewing Ton hae got to show more than that. ', , The Jndge Willing to Stay. Mr. Biennen Well, to kill without reason able cause or Justification. Judge Ewing And is it not reasonable cause if there was a mob attacking, and it is not material whether the party killed had a gun or not. I will staf here until a late hour, or I will come to-morrow morning. Mr. Brennen Well, if Tour Honor will come to-moirow morning we will either have our witnesses or decide what we will do. Judge Ewing If there is a case, why I want to hear It. Mr. Brennen Tour Honor sort of con founds our position. Whlle we don't pre tend that the men were acting in an entire ly lawful manner, or probably a lawful man ner at all, we contend that, on the other side, these men were proceeding In a law less manner as well, and that their acts will have to be adjndged Just as tho acts of tbe other side. Judge Ewing Oh, no. ( Mr. Brennen With reference to "whether they were right or not. Judge Ewing That Is what I want to call your attention to .and I do not tblnk there Is any reasonably good lawyer who Is Im partial, or Jndge, or nny Court that will hold that tbey were on an equality at all. Mr. Brennen I do not state that they are on an equality. I state quite the con trary. Judge Ewing One was a mob, and the other was Mr. Brennen A mob, too? Jndge Ewing No. When they are there, and the mob confronts them, they have a right to uso arms pretty freely. . . Mr. CoXf-I don't think they had any right to land at all under the circumstances. They knew oil that before tbey tied up. Mr.' Patterson If Tour Honor t please, there nie two of these 'defendants McCon nell and Dovey, I do not think the counsel on the other side will claim to have anything against thorn. Mr. Cox Wo do not know. Wo wore an swered that way in our cases. Wo don't know until to-morrow. Mr. Patterson Well, you ought to know. Mr. Cox We asked .the same questions and we were put off from day to day. Jndge Ewing Ton did not stand In the same position. Mr. Cox Well, that is the question. Tour Honor doesn't know the circumstances In the case. Judge Ewing Tou have assumed I did; and I say I take the statements that are put out by those friendly to yonr side, not the hostile statements of tho other side; I take your side of tho case as it is stated, and it has been 'assumed that the Court had the knowledge from public ovents. Mr. Cox The cases that I have referred to were tbe cases of Peter Allen and Matthew Foy.- Wo asked the same privilege, for neither one of tho two are nny more guilty of murder than Mr. Patterson Is, and they were about as far away from the scene of notion as Mr. Patterson was. They were ar rested late Friday night and brought down, nnd we asked the same privilege, and they were kept In Jail until Tuesday morning, and these peoplo will be ashamed to prose cute when the cases come to trial. Wanted to Give Ball for All. Mr. Patterson The gentleman under stands very well how that matter was. We were all day Saturday in the hearing of the O'Donnell case, and in the evening Mr. Cox did speak to me about Mr. Foy. I said I did not know; Captain Breck had taken the statements with reference to that, and he was not In at tbo time, and I bad no knowl edge that would enable me to make any statement as to whether they were to bo re sisted or not. That is all there was in that. There was certainly no diSDOsltlon on our part to keep any man In Jail an hour unless there was reason for keeping there. Theso two men (McConnell and Dovey) that are arrested, I don't think there is any reason for taking tbem to Jail to-night. We are Serfectly leady to give ball for them and ave them here In tbe morning, and have all these other parties wbo are not volun tarily released on ball here In the morning. 1 think hit friends upon tbe other side will probably withdraw their opposition to their being released on ball. One of these men wa.not on the boats or near the placo at all. Mr. Brennen Theso men were not In the not, but they were kept in jail four days. Mr. Cox And these are no batter men than O'Donnell. Judgo Ewing Do I understand that this was made to put these men in Jail? Mr. Cox No, sir; not at all not any more than the other was made. Not a Case of Retaliation. Judge Ewing Is it a retaliation? Mr. Cox No, sir. lr Mr. Frlck had not met with this misfortune it would have been donelong ngo. Mr. Patterson These men were not In the fnss: tbey were not arrested, and I don't know what is against tbem. Keally, gentle men, I don't think you havo got canse to re sist McConnoll's and Dovey's applications. They are not arrested. We will see that they are hero in tbe morning. Mr. Cox Personally we would like to do it to please you. but wo can't consent to it under the clroumstancs. Judge Ewing Do you expect to havo proof that these men were on the boat each or them? Mr. Cox Tea, sin Dovey Jndge Ewing Dovey, McConnell, Corey and Pottor. What about Bedell? Mr. Cox He. was on the boat. Captain Breck He 1s a Pinkerton man. He Is not here and is not In the city. Judge Ewing Mr. Primer, Mr. Burt, Mr. Cooper and Mr. nines Mr. Breck Mr. Hines is laid up in tbe hospital and is likely to die, and has been there ever since the morning of the shoot ing. Mr. Patterson' Tou don't mean to say Dovey was on tbe boat? Mr. Cox That Is our positive information, Mr. Patterson. We have no desire to be captious in the matter, but that is our posi tive Information. Judge Ewing Wha.S fays the District Attorney lu, urC- - "- Mr. Burleigh TheTHstrlct Attorney Is in this position in tbw oase, that he doesn't know anything about what evidence the gentlemen have. . Should Post the District Attorney. Judge Ewing The Distriot Attorney ought to be informed in all these cases and have an outline of tbe evidence. It is for his discretion to a certain extent, and to a large extent. Mr. Cox That Is trne. Tour Honor, but this Is a very unusual proceeding. The in formations were made at noon to-day. and before we had time to apprise or acquaint IrliO iLBUlUb JLklUlilUJ T frU bUD JMJ13 IrllCBO people present themselves in court to save going to jail. Judge Ewing I did not know; I thought the information was here and everything when I came. Mr. Cox This is an unusual proceeding and ought to be treated so by the Court, and we havo not had tlmo to acquaint the District Attorney with tho facts and I do not know that we weie bound to before the information was made. Wo have never seen the District Attorney until here In this hearing. Judge Ewing While you were watting beie for the Alderman you could have given him an outline of what your evidence is. Mr. Cox We could have done that, bnt we were rushed in here without any notice at all and without any opportunity to consult with him. This is very different from the other proceeding, if Tour Honor please. Judge Ewing Thero is no difficulty in your telling the District Attorney. Mr. Cox Well, we will tell him. We have nothing to conceal. A Hearing Recommended. Messrs. Cox, Brennen and Burleigh then held a consultation, after which Mr. Bur leigh reported as follows: "If the Court please, in the light of what these gentlemen havo told mo, I do not see, iu Justico to all parties, how this case can be disposed of without a hearing. Tbey pre sent statements to me, which, If proven, would certainly be questions forjndlcial de termination, and I suppose I am to assume them to be true that Is, the lact that thoy are able to prove what thoy state." Mr. Pottoison If Tour Honor will allow me to say a word or two 1 understand Mi. Burleigh They tell me thatrthey will Srove that theso men. Including Dovey and cConnell, were on the boat: that they were armed; ,that they were in charge of the par ties, gave the order to shoot, and that they unnecessarily shot down Innocent people. Judgo Ewing There were no such people thero. Mr. Cox Well, they shot down people there. Mr. Burleigh They tell me that; and I assume that it Is a matter, not for tbe Dis trict Attorney to decide off-hand, but for tbe Court to decide after hearing tbe evi dence, the statements in regard to which I have simply heaid. Mr. Patterson Explains. Mr. Patterson What I desire to call Tour Honor's attention to Is this, that in the hear ing of the otbar cases before Judgo Magee all were released who applied for release, with one single exception. There proof was admitted that those who were accused were . on tbe bank when the shooting was done that resulted in the killing of the people on the boat, and no evidence whatever that those wbo were present there paiticlpating or interfering with the shooting going on. The one man whose application lor ball was refused, was a man who was shown, or at least theie was evidence to show, that he was armed with a rifle; that he was behind a barricade on the bank: that he had his Judge Ewing That was after a bearing? Mr. Patterson That was after a bearing, and he was the only man whose application for ball was refused. Now, If these men were not held who were shown to he on the bank when tbe shooting was going on which resulted in the killing of the men on the boat, 1 don't think that these men ought to be held simply from the fact that tbey were" on tbe boat when the shooting was done in response to the shooting on the bank, which resulted In the killing of people on the bank. Mr. Cox They were all held pending the examination of one case, and you selected one man for the hearing. Mr. O'Donnell, and the others were kept in Jail whilo that hear ing was going on. They were not considered at all. Mr. Patterson Very well; surely all theso men did not give tbe order to Are. Mr. Burleigh No, that was Mr. Potter, ac cording to the statement to me. Mr. Cox They are acting In harmony. A Hearing for Supt. Potter. Mr. Patterson We are perfectly willing to nave a hearimr in Mr. Potter's case, but as to Mr. McConnell and Mr. Dovey our in formation is that Mr. Dovey was sot on the i - TWELYE PAGES. ' , ' nJltl nnlwSf liw THE SAME OLD boat at all, nnd Mr. McConnell was ex amlned in one or. two coses before Jndgo Magee, and he appeared to be on the boat, but there was nothing to Indicate at all that he was armed or taking any part in the firing. , . , Mr. Brennen We did not have the ohance to ask him. We were trying another case. We were not trying bis. Judge Ewing The intimations that have been thrown out seem to indicate a disposi tion to hold these in jail; but I will postpone the further hearing of tuls case until 9 30 to morrow morning. Mr. Cox I want I to state, if Tour Honor please, that thero is no disposition of that kind. We could have had every one of these gentlemen in jail to-night if we had been disposed to have done it In that way. These informations could have been . made at this hour Just as easily as at 11 o'clock this morn ing, and Mr. Leishman and all these people could have been put in Jail very safely be fore Hour Honor oould have gotten any niianoA tn consider their case. MrFattarsoiv-Thar would .have been, an 'inltlfttlcel " Mr. Cox We made these Informations this morning to give you all every oppor tanlty, for we have no desire to be unfair with you. At the conclusion of this discussion the hearing in the cases of the defendants who waived their hearings through Mr. Patter son was postponed until this morning, when Alderman King was instructed to have bis docket in court again, so that others who may desire to do so may waive the preliminary hearing. Messrs. Lovejoy, Curry and Leishman were admitted to $10,000 bail each, the -Messrs. Mellon, the bankers, going on their bonds. ITS ROAR HEARD 12 MILES. 'The New Elizabeth Gasser Ono of the Biggest Ever Brought In Increasing Every Hour The Largest Casing Ever Used The Philadelphia's Regrets. Elizabeth.Pa., Aug. 3. Special The large gas well brought in by John A. Snee, of "West ElizaBeth, is pronounced the largest gas well ever struck in this State. The well is located on the Homer "Wright farm and joins the Targe tract of land owned by James G. Blaine iu Forward township, which has been leased by Mr. Snee. The well is 1,809 feet deep, and the re markable flow of gas was struck in the Gantz, sand. The flow is increasing every hour, and the roar of the escaping gas can be plainly heard 12 miles. "What makes it more remarkable Is that it isa6X-nch hole, being five-eighths of an inch larger than the largest casing used. The well is located within 50 feet of the Philadelphia Company's 18-inch line from the Bellevernon field, andjthey are casting watchful eyes on the well, as it is a matter of regret with them, they having been offered all the territory own by Mr. Snee in this field, with only one gas well one year ago, for ?25,000. This was considered too high, and they now see their mistake. The excitement here and in the surround ing country is intense, and people are flock ing to see It. BOILING HOT AGAIN. Kansas City Thermometers Are Again Above the 100 Degree Mark. KANSA3 Citt, Aug. 3. The thermome ter to-day reached 96 in the Government Weather Bureau. Down on the street many thermometers marked 100 and 102. In Western Kansas it is hotter still, the official temperature in some places being 96 and 100. A great many complaints of the condi tion of corn in Kansas were received by commission men in the Exchange building this morning and a majority of the dealers here are of the opinion that the prospect is for little more than hair a crop, taking the State as a whole. A SEW BEBE1II0N IK CHIHA. Twenty Thousand .trmed Men In One Pro - vlncelrfy tho Government. San Francisco, Aug. a News reached Hakow, China, In the latter part ofJnne, that a rebellion had broken out in Szechnan, eitheratPaoningorPa, which towns are about 150 miles north of Chung King. Xhe authorities' had sent troops from Chingtn against the rebels, who were said to be 20,000 strong. 8IILL GAINING SIBENGTH. H. C. Frlck Softer n Shock by the Dfalh or 'fill Child. H. a Prick is rapidly regaining his health. The death of his son was a severe blow to him, however, and may delay his coming down town several days. It is hoped by his physician that he will be able to b out by next week. ... ' GEIND GOES ON. DELUGES IN MARS. A Lake Which Did Not Exist in 1877 if the Planet Is Inhabited, It Must Be by reqnlmaux Present Observations In complete. Lick Obsebvatobt, Cal., Aug. 3 Edward S. Holden,of the Lick Observatory, said to-night regarding the opposition of Mars: We are simply endeavoring to obtain some accurate information regarding the planet that is all. Future oppositions, in which the planet will be seen at greater altitude, will be more favorable, even lr tbo planet 13 then more distant, for It will be nearer the zenith than now. We also wish to know how nearly Mars resembles the earth, and whether It Is fit to be inhabited by beings Hko ourselves-. It has been proposed by certain enthusi astic astronomers to determine this quel, tion. In my opinion tbe time has not yet come to even speculate on tbe question. My ieason for saying this is that I think it very doubtful if all the observations yet made are sufficient to enable ns to pronounce even the lesser points we seek. There is very little doubt but tbat by and by science will Interpret all or nearly all of the phenomena now seen and to arrive at certainties. Just now only a lew things aro cortalnly known. We are now giving nearly all tbe time of our great telescope to the work. We have found great changes in details of surface, while the main outlines have remained much the same. These changes have seemed to be so great tbat it Is often difficult to explain them by terrestrial analo gies. If there are people on Mars I think they are Esquimaux. If the red areas are land and tbe dark ones water, we can describe great inundations which have taken place, and might mention the fact that where there aro now two lakes there was only one In 1S77. Some tlmo dur ing next autumn we shall have finished our observations. It Is very probable that we can then draw some conclusions which are certain, and it is possible that considerable new light may be thrown on the problem. CABLED CONGRATULATIONS. Spain and the United States Exchange Com pliments on an Anniversary. Washington, Aug. a The following cable messages were exchanged to-day: Li ItABIDA, Aug. 3. The President: To-day four hundred years ago Columbus sailed from Palos. discovering America. The United States flag is being hoisted this moment in front of the Convent La Babida, along with the banner of all the American States. Batteries and ships are saluting them, accompanied by enthusiastic acclama tions of the people, army and navy. God bless America. Piueto, Alcaldeof Palos. DETARTJiEHT OP STATE, ) WAsniHQTOif, Aug. 3. 5 Senor 1'rlcto, Alcalde de Palos, La Kablda, Spain: Tho President of the United States directs me to cordially acknowledge yonrmessage or greeting. Upon this memorable day, thus fittingly celobrated, tho people of the new western world, in grateful reverenco to the name and fame of Columbus, Join hands with tho sons of tho bravo sailorsjof Palos and Uuelva who manned the discoverer's caravels. Poster, Secretary of State. A CHAPLAIN IN DISGBACE .Resigns His Penitentiary Position, bnt Be fuses to Admit flli Gollt. Columbus, O , Aug. a fixrfal. A sensation of nnusual proportions developed at the Ohio penitentiary to-day. The man agers were in session, when Warden James called the attention of the board to the fact that serious charges against the morality of the chaplain, Bey. J. M. Triffitt, had been made and apparently were well substan tiated. A letter was read from the chap lain, in which he says that while not ad mitting the truth ot the charges against him, b knew they impaired his usefulness, and he would therelore resign. Rev. Mr. Triffit was appointed to his present position by the Bepublican admin istration, from Huron county, though he formerly resided in Summit county. He was in the ministry of the United Brethren Church for 12 years, but more recently has been identified with the Congregational Church. THE EAGLE WILL SCREAM. Johnson Island, Claimed by Oar Govern ment, Annexed by England. San Francisco, Aug. a The published statement is made here that the British cruiser Champion returned to Honolulu July 25, after having 'annexed Johnson's Island to the possessions of Great Britain, but no official advices have been received here to that effect. The State Department at Washington has decided tbat Johnson Island appertains to tbe United States by reason of the visit of the ship Palestine, July 22, 1858, while in the service of the Pacific Gnano Company, which left men in actual occupation ot the islands. THREE CENTS. LOCKED 111 THE COUNT? JAIL Doyey and McConnell Arres ted, and, After Snpper and a Carriage Eide, PLACED BEHIND THE BAES. Superintendent Potter and Treasurer Curry Eyade the Officers. They Will Probably Surrender To-Day Thomas Bowen, the Mill Worker, Who Caused the Trouble at Mun hall Station Yesterday, Drops Oat of Sight He Is Not Heard of After the Train Leaves Homestead, Although He Was Supposed to Be in the Cus tody of an Officer Superintendent Corey Is Also Among the Missing Men at Homestead. Shortly after noon yesterday Constables Stewart and Gingher, of Homestead, visited the offices of the company. They were armtd with warrants for the arrest of Gen eral Manager Potter, Superintendent Corey, J. P. Dovey and Kevin McConnell. The charge was murder. The offi cers arrived too late to get Mr. Potter. He and Treasurer Curry had gone into Pittsbnrg on the 12.30 train. Corey was not in sight, and the constables only got McConnell and Dovey. The men were in the mill at their work, and it was considerably later in the afternoon when they were arrested. Tbe constables kept them prisoners at the mill until about 4 o'clock. It was their in tention to catch the 4:05 train at Munhall station. They took the men over and when they got there it was discovered that the train was 25 minutes late. McConnell and Dovey were taken into the station. Causes Excitement at Homestead. The mill workers had gathered in large numbers on the platform. The' feeling of the crowd was very noticeable. The depu ties and soldiers on hand saw they could not handle the crowd. The dispatcher was sent to the Provost Guard's head quarters and a full company, under charge of Major Crawford, was sent to Munhall. When the troops arrived the men were crowding up around the station, eager to get into where the men were confined. The troops were hastily formed into company front and the crowd driven back at the point of the bay onet Thomas Bowen, a mill worker, fell back very reluctantly. As the guards -pressed him off the platform he gave three cheers for the arrest of McConnell and Dovey. He concluded this expression of bis satisfaction with a vile im precation. In an instant two of tbe soldiers caught him. They hustled him into the station and turned him over to a couple of deputy sheriff. Tbe train came along shortly and the three prisoners were put on. There was no further disturbance. Enthusiastic bat Orderly Crowds. When the train came up to the City Farm station another crowd had gathered to see the train pass through. Colonel Creps was stationed there with another company of troops. The crowd seemed to be very en thusiastic, but it was not Boisterous. As the train passed through men were heard to say, "there they go; we'll see how they like it." Coming on up to Homestead proper the train had another crowd to pass. It was very orderly, however. Another company of militia and numerous deputies patroUed the platform and kept the best of order. A small detail of National Guards was sent down to Pittsbnrg with the prisoners, as a precautionary measure. Dovev and McConnell were not taken to jail as soon as they arrived in the city. It was midnight before they were assigned cells. At 12:55 or the moment Constable Stewart with Constable J. H. Gingher were enter ing the works, Superintendent Potter was boarding a Pittsburg bound train. Mr. Curry received information that the con stables were after him, and left the mill before they arrived. The other two gentle men received no such information and they are now Warden McAleese's guests. Placing the Men Under Arrest. Yardmaster Dovey was watching some men move a piece of heavy iron whei he was tapped on the shonlder, and as he turned he beard Constable Stewart say: "Are you James Dovey' I have a warrant for your arrest as an officer for the Com monwealth of Pennsylvania." Dovey said he was ready to be arrested and the constable began the performance of his duty. From the large piles of scrap iron the two constables and their prisoner went to the open hearth milL Here Mr. McConnel was engaged. He turned at their approach and a significant look passed be tween himself and the pris oner. Mr. Dovey introduced the party. The constable served his warrant. The quartet moved across the mill yards and came to Alderman King's office. They left the Alderman's office together, alter saying they would proceed to the jail. Left to the Constable's Discretion. Constables can use their own discretion regarding the commitment of their pris oners and they may, if so disposed, keep their prisoners in a hotel, in a. car riage or in any other place, so long as the people in custody did not escpe. Constables Stewart and Gingher did this. After a lone wait at the jail the party toot a carriage and went to Kewell's for snpper. Afterward they drove to the East End and from there went to Ohio street, Allegheny, where McCon nell called upon a friend. They then re turned to Newell's for lunch. Shortly after 10 o'clock Dovey and McConnell, ac companied by the constables walked up to the jail, where they were admitted by Warden McAleese. All went into the office, where the formal introductions of official jail commitment took place. The Warden read the papers, the prisoners gave their names In low tones and the usual search was msde by the keeper. Mr. Dovey tried to assist Keeper McNeil by removing all his personal effects irom his pockets. 'Was Something ora Surprise. 'Isn't vour commitment to jail something of an unwelcome surprise 1" .was asked of McConneU. , "I have nothing to gay for pnblition,, -. .- S&t&sSSbUL. ,-jSu artk: ! Vn TXKUKBKBIKKBSfSMBiiMKBHB jet JftisjjyrasarpCTist SSJSSSSStorfcSSSSS
Significant historical Pennsylvania newspapers