wjgr'?'" T T FRTPSf. ftJ$F FHE JLTTSBURG DISPATCH, .WEDNESDAY, NOVEMBER 53,. 1892.v sometimes a mile away from the battle on the Homestead bank all that day, and the Monongahela river swept down between the defendant and his accusers at the most important time, the unbiased audience amended their views and an acquittal loomed into view. A verdict of not guilty came absolutely into the foreground when the evidence in rebuttal simmered down to a vague denial of a not essential detail in the defendant's chain of proof for an alibi. Before the counsel began to make 'their speeches the common current of belief in the pr.soner's innocence prevailed. The counsel for the Commonwealth, of course, did not share in this belief, but it was evident that their hopes had been dashed. It was rumored that evidence against the alibi they had expected had failed to materialize, and an atmosphere of gloom enveloned the lelt hand side of the counsel table. How It Affected the Counsel. District Attorney Burleigh character istically showed his disturbed soul by ram ming his hands as far as they would go down into bis trousers' pockets. On the other side of the table the opposite de meanor prevailed; a broad smile resumed its wonted place from time to time upon Mr. Brennen's pleasant countenance, and even the sphynx-like iace of the Wild "Western orator, Mr. Erwin, relaxed a little from its customary sternness Mr. Mar shall's step was wondrously elastic when he hurried from a remote corner of the court room to explain some clerical error in his brief of points to Judge Kenned v. In the jury box the change was less marked, but fre quent whispered conferences among the jurors probably indicated that there, too, the new turn of affairs had been properly noted. A significant straw, which seldom fails in criminal caes, was that the tipstaves of the conrt were deeply interested, as they had not been in the first two days of the trial, when a conviction seemed more likely than not Undisguised gladness was printed on the laces of the crowd behind the rail, where workingmen and Homesteaders were again to be seen in great numbers. Q. Do you know Cntclilowt A. No, sir. Q. If Critclilow had left a cun at your stoie bet neen 10 and 12 on the morning of July 6 would you have remembered ItT Mr. Brennen's objection was again sus tained. The prosecution tried to mold a question which would elicit whether a gun was left with the witness at any time on July 6 by anyone, but the Court ruled out all the tentative questions, and the witness was dismissed. Another witness, C C Fawcett, was called in vain by the court officers, and as the voices of the cners died away, Mr. Bur leigh said quietly: "The Commonwealth rests." There were a stir and a murmur all through the courtroom, and Judge Ken nedy looked over his glasses at the empty witness chair as if he were, surprised at its vacancy. Instructions to the Jury. The next move was the submission by Mr. Marshall of points to the Court for instruc tions to the jury. They were not abnormal CRITCHLOW ON THE STAND. The Trisoner and Ills TVite Flatly Contra dict the "Witnesses for the Common wealth Failure or the Prosecution to Produce Kebuttinfr Testimony rolnts for the Jury. The day's proceedings began with Ithe summons of the defendant, Sylvester Critch low, to the witness box. Critchlow's fine physique was well displayed as he stood up and strode with firm step and upright head to the little pen beside the bench. He looked perfectly cool, -though he glanced a trifle anxiously first at the jury and then at Mr. Brennen, who questioned him. His examination was brief and to the point. Mr. Brennen Did you Are a gun, or any sort or firearms between 7X0 and 8:30 a. v., at Homestead on July 6 last? A. Xo, sir. Q Were you on the grounds of tbe Car- "negle Company at Homestead, on July 67 A. Ko, sir. Q. Did you fire a gun, or other fire-arms tctweeuio-.30and 12X0 on that day! A. No, sir. Q. Were you on the Carnegie Company's property betn eeu 10:30 and 12X0 that day? A. . o, sir. Q. Did you fire a gun between 1X0 and 4-30 that day? A. No, sir. Q. V. ere you on the Carnegie Company's grounds that day between 1:30 and 4.301 A. lio, sir. The witness gave his answers emphati cally in a calm, clear voice, looking straight ahead, and stroking his long auburn moustache caressingly with his right hand. He identified a dingy brown coat and striped trousers as the clothes he had worn on July 6 at Homestead. "Cross-examine!" said Mr. Brennen, lean ing back in his chair, but the counsel on the other side showed no disposition to accept the invitation. Mr. Patterson, Mr. Kobb, Mr. Burleigh and Mr. Breek wheeled their chairs into a dumb and whispered earnestly for several minutes. Nothing; to Ask Critclilow. Then Mr. Patterson said: "We have no questions to ask." This sent the defense's attorneys into conclave at once, and the wav thev hurried into consultation showed "Heave my diet icith you, but you I leave in the hands of God." in matter of form, but the usual ones raised bv the defense in murder trials, and includ ed the right of the prisoner to the benefit of anv doubt that might arise, and the cor related axiom of law that where several persons are charged with the commission of a crime, but it is uncertain which is guilty, all must be acauitted. Mr. Patterson ar gued at length against the tendency ofsome of these points, though he said he objected to none as it stood in itself. Among other arguments he advanced were these: The common intent or the crowd on the shoro at Homestead was to resist the Pink ertons till the death. The certaintv 'of the identity of the prisoner with the particular person who nred the Miot is not necessary. 1 nere is no necessity to prove tnat tne pris oner had an especial gruojre against Con- XnA "Political laws are tilcnl Khcn guns are raited." that they were surprised and perhaps pleased at the self-denial of the Common wealth. Critclilow remained in the witness chair, surveying the whole court-room with. a ratner pleaded expression. His counsel finally asked if the Commonwealth objected to the defendant's clothing being entered in evidence, to which a negative reply was re turned. So the clothes Critchlow said he wore on the fateful day, and which were strikingly different to the dark suit the State's witnesses had sworn to as the gar ments of the Critchlow they identified, will go to the jury as a part of his case. Then Critchlow walked back to his seat among his advisers, and his pale-faced, anxious looking little helpmeet took her place on the stand. Her testimony was also concise and pointed. Mr. Brennen: Tou are the wife of the de fendant? A. Yes, sir. Q. Did yon see vour husband on July 6 at Ilimie-teaOt A. Yes, sir. Q. Wheie? A. lie was at home asleep. Q. When? A. About 4 o'clock on tuea'ter uoon of July 6. Q. You were absent from home earlier In theda? A. Ye, sir.but I camo home about 4 o'clock and found my husband in bed. "That's all, Mrs. Critchlow: You mav cross-exsmine," to Mr. Burleigh, but th'e Commonwealth's counsel merely echoed the remark: "That's all Mrs. Critchlow," bo the little woman having contributed her mite of evidence to save her big husband, with evident relief, trotted back to his side, looking up in his face with a happy smile as she took her seat. One Witness In Rebuttal. There was a pause of a few minutes, and then Mr. Brennen said:"The defense'rests." After another momentary paue the Com monwealth began What was expected to be a formidable showing in rebuttal. Henry Monath, a Homestead merchant was called and testified: "I keep a hardware store next door to Smith's saloon. I was at my store on Julv 6, between 5:30 A. M., and 8, and again from 10 to 12." Q Betwe.-n 10 and 12 did Critchlow have a gun at 3 our more? A. No, not that I remem ber; I can't remember. Q. Din anyone between 10 and 1! that day have a gun at your store? Mr. Brennen was on his feet in an instant with an objection, which wai sustained. nors, or that any of the crowd had, but if all oi tnem nan a common design to resist vio lently a lawful proceeding they were ac countable for the consequences. As to wil ful premeditation, can there be any donbt that the evidence has been produced to show that there was caietul preparation to bring aDout the very state of thinss that was brought about, namely, a riotous, violent re sistance in which those who opuosod the de fendant were to be killed? Presumption of the Intent to Kill. The intent to kill can be presumed under the law when a deadly weapon Is discharged against a vital part; it can be inferred from the deliberate preparation for the crime re sulting. Otherwise the only wav to Drove the intent would be by the prisoner's con fession. I admit that any reasonable doubt must be construed in the prisoner's lavor. but itmu-t not be used as arefnge for a Jury which wants to avoid a disagreeable dctv. I need not comment upon the law discussed and presented in yesterday's opening. 1 notice that none of the law so stated has been embodied in the points sub mitted. If these arguments are repeated tn the speeches of counsel for the defense, the Court and the counsel for the Common wealth will attend to them then. Mr. Marshall said: "In reply to the Commonwealth's counsel as to the intent to kill, they have not tried even to prove the intent I would like to know what the evidence is that our client wentdown to the river bank and incited people to shoot There is no proof of Critchlow's having had any intent to kill or of having urged or prepared others to commit a -murderous at tack. As to a Reasonable Doubt. "On the question of doubt, I contend that a reasonable donbt is the honest failure of the mind to come to a certain conclusion from the evidence. The doubt of one rea sonable man should outweigh the certainty of the other 11." Mr. Marshall -went over his points at some length, and then sat down. The question then arose, how much time would counsel on both sides require for their closing addresses to the jury? Dis trict Attorney Burleigh showed a very gen erous disposition in this matter, suggesting that as far as he was concerned the counsel for the defense could have all the time they wanted. Three hours would suffice for the Commonwealth. Judge McClung, when it was urged by the defendant's attorneys that they might require more than four "hours, the outside limit mentioned, reminded counsel that the jury had been out of their own beds for a week, and were entitled to some consideration. So four hours for each side was appropriated for oratorical pur poses, and the court adjourned for an hour at 11:50 to prepare for the ordeal TALKING TO THE JURY. John F. Kobb Makes the First Address for the Commonwealth Defending the Character of the Witnesses Called by the Prosecution. The afternoon session commenced with the speech of John F. Bobb to the jury on behalf of the prosecution. He said: You are sworn to tiy the case in accor dance with tho law and evidence; that all feelings with rogard to the rishts of capital and labor and the question of wages must be banished; that these questions did not and could not emanate from the learned Judse upon the bench. To render a verdict In accordance with the law and evidence is an eay matter. There is no mystery about the duties of a juror. Theie is nothing mysterious about the meaning of the evi dence and law in this case. You nave heard the law discussed by the able attorneys on either side; you have heard them agree on the law. But you must not take the law from any of the attorneys in this case; you must take it from the Judge. You must care fully consider and understand every word emanating from the mouth of him who has been delaeated to lay down to you the law as applicable to this case. There is, gentle men, some mysterious power that comes from the blue sky above the clouds that leads us away from the law; we have been told this by an attorney from the other side. Has it come to this, as we are told, that there is not law enough in Allegheny county or Pennsylvania for a plain cause? We have been told, but thank God those j 'who made the statement are not citizens of our State, that we are all, from the men who sit on the Supreme Court bench to the Dis trict Attorney, corrupt. We have been told that in their cause there has been a mysteri ous, swimming atmosphere, something that would develop In this cause. But when you hear His Honor you will know how plain is your duty and bow plain is the law. We have been told that a stockade was built at Homestead prior to July 6 for the utter demolition of that town. Beforeyou believo this bosh look at the evldenoe. Did any wit ness testify to tho truthfulness of this ridic ulous statement? Not ono. There was no evidence to show that any or the I'mkertous were Canadians. Tlioy weie your own biothers, living under the gi eatest Government ever formed. We love our country. We have snorn to support tho Union. The people of the State and the United States have made up their minds that this great Government shall not be uiottcd irom the lace oi tne eartn oy not, anarchy, mfssrule and bloodshed. The boat proceeded to the Carnegio mills, which are private property. The Carnegie Comnany uoes wrong. We all do wrong, but is that any leason why the Government should be trampled under foot? You heard a great deal about the starry flag from the man who made the opening address on the other side. My graudiather was only a pri vate in the Bevolutionary War. It I was not a better citizen than to stand before a Jury of this country unu advise the members to disobey their oaths I would hope to be stiuckdead. Reviewing tho Testimony. There Is Cooper, Burt, Conner and Mullen. They are Plnkei tons to be sure. Ion may throw out their evidence if you will, but here is Captain Eodgers, one of our own citizens, who testifies that they were fired upon from the shore as they tried to put out the gang-plank. Thev had a right to co into tho DrODBltv. And Mansflld.vTnvlnr and the other men on the bridge stated that a soon as the plank was pushed off the people on the bank to the extent of 300 resisted the landing. Captain A. C Coon may be a verv honest and popular man, but I can show you In two minutes that he did not tell the whole truth. Coon says he was -within five feet of the plank, while Manofleld and Tay lor were 0 to 30 feet away. Coon says a shot from the barge was fired into a man on the plank. He didn't see it, but he heard the flash, and thought it came from the barges. Now, he supposed the truth. He knows very well that bullets were flying thick at the time. Why, one man testified that he had 15 bullets in his clothes, yet Captain Coon did not hear or see anything else. But what of it? The murder of T. J. Connors was premedi tated and plotted some hours after tne first shooting. It was a wilful murder. The witnesses on both sides testified that the people on the shoro threatened to kill every Pinkerton that landed. From 3:30 to 9 SO in the morning there nas no shooting, but the people who retreated up the hill deliberate ly built a barricade out of the best material that could bo had. They piled up the girders, put bricks in between and made port holes so that they could shoot at the boats. They then cot dynamite and threw it on the barges tor the purpose of killing 300 people that they didn't know. The Object of the Plnkertons, It has been said that the Pinkertons went there to destroy tho Homestead homes. Why these people didn't go Into the town. They went on private property. And yet the people of the town with a savage ferooity unpiecedented rushed Into the mill yard, and tried to kill and wipe out every man In the barges. It was done wilfully, and with tho intention to kill and murder. As soon as tho barncades were finished, the firing commenced. There is r.o conflict of evi dence on that subject. The burning of oil besan after the bieastworks were prepared. They aimed to produce a holocaust, the like of which the world has never seen, and all tho time the burning oil was floating down the river, tnese .people sat be hind the barricades watohlng to kill the first man that appeared on the boats. They fired even at the port holes that, the Pinkertons made to defend themselves. Talk about the last ditch. The river was the ditch, and If anv of them had jumped !n to escape being burned they would have been shot as soon, as their heads appeared above the water. That was a terrible suspense and a long death. Tneie Is no doubt that a murderous riot occurred. Now heie you must listen to the Court. I think the Court will say that every man who was present and aided in tho flsrht is responsible for what happened. The Dis trict Attorney can stand the aspersions cast upon him. His character is known. He Is leurless and will do his duty. The Insin 'a tions, 'have vou been arrested,' don't affect him. Why, I was District Attorney of this county lor six years, and 1 never caused the anest of a man. It is not the business of tho District Attorney to arrest people. Tho Evidence Against Critchlow. Here is Mr. Dickson, who lived in Home stead for 13 years and has known Critchlow for six years. He saw the defendant In front of the company's offices ut 8:30 in the morning with a gun in his hand. Then comes Mr. Hervey, the cashier, who paid Critchlow every two weeks, and he con firms Mr. Dickson. Next is Mr. Slocum, who saw Critchlow that morning with a erun. And Mr. Brown, of Crafton, confirms the testimony. He is a man of character and wolnhr. He saw Critchlow with a cun n also noticed Mr. Dickson and some of the other witnesses. Then comes Mr. Reese, who says he is positive Critchlow was the man he saw in the mill yni d that mornins. Next is Mr. Stewait, who saw the defendant firin" at the barges fioui behind the barrt cade. He fired his gun between 1 and 3" o'clock. Ihere may have been a lit tle mistake In fixing the tinio on both sides, but who says he wasn't there? Nobody. Critchlow doesn't deny that ho was there between 10:30and 12 o'clock. The lust witness testified tnat Connors was killed aoout iiuu or 11:43; a ainerence oris minutes would have allowed him to be there anil file the fatal shot Critchlow didn't say that he did not see Stewait. He didn't cor roborate RouthiautT, who said he saw him put his gun in a hardware store. It is folly for you to think that Critchlow and Routhrauff sat on a six-incb edge tor three hours with a riot going on nearby, and Routhrauff says he crossed tne liver to see it. This witness was brought here to carry out his part of the alibi. If the prisoner doesn't deny seriou9 charges azainst him, ho must abide the consequences. He didn't deny that he shot at tne barges. He was atraid. Can there be any doubt that Critchlow is not guilty of wilful, deliberate and premedi tated murder? If he is, it is not for men of your character to flinch from your duty. You must find the defendant guilty of murder. order. The speech was so far superior to his opening address made to the jnry the day before that everybody was surprised, and the impression was .formed that it was done by design,, A Tribute From Mr. Marshall. "That is the greatest speech ever deliv ered in this Court House," remarked Thomas M. Marshall at its conclusion. "I want to retire from the bar now, for I have been snuffed ont" Ex-Senator Lee, of Franklin, said Mr. Erwin was very adroit, and a master of all the oratorical arts. Major Montooth, W. J. Brennen and John F. Cox were greatly tickled. "It was a great speech," said the Major. At times during the address Mr. Erwin waved his long arm toward Mr. Kobb as he jam u m respects to the local criminal law yer. He had a modest way with the jury, and took them into his confidence. W. M. Erwin commenced his speech by complimenting Judge Kennedy. He said: . May it please the Court,for the counsel for defense, ror Mr. Argo and myself, I desire to thank you for tho fair, impartial and digni fied manner in which you nave presided in this case. May you live long to nil a sacred jjiuio tin me uencn. Continuing, he said: Lawyers consider the trial or cases as great battles. Instead of treating them with cnlm adjudication ns you should, they often use the arts permitted by the latitude of tne courts to acquit or correct, and so you have Just witnessed an attempt to carry your consciences by storm. If ho has succeeded, then there is no use for us to say a word. Put I don't thfnlr thn nririrA.a hnn nnd much effect. In the quiet of the jnry room, you won't bo swaved by plausible eloquence. 1 on must try the cao according to the law and the facts. Ir the true causes that led to the conflict at Homestead are not be fore yon, except such as rises from presump tion, I hold it extremely unfortunate for the republic, this State and city. When the news of the Homestead riot was flashed all over the world, alter the applause of enthu siastic admiration for the noble resistance had yassed away, tho woild paused for the Judicial inquiry, and the world to-day waits at the other end of the wires to see how it has been done. Confined Closely to the Issue. You are now put Into a narrow place, iron bound by the testimony. You can presume nothing except what is legal and permissi ble in courts or Justice. We or the defense ara not responsible for this contraction. A man In these courts Is only permitted to de fend himself against the testimony adduced. That rule is so strong that ir evidence were put in to show that oue or you fired the fatal shot, tho conrts would not permit you to prove that somebody else did It. Courts haven't time to try anything except the issues presented. We would like to open the case wider, but wo are not per mitted. I am not here to befog your minds, to storm down your consciences. I am here to help you honestly. I would not be in your places for tho world. Dutv alone would force me into that Jury box to try a man lor bantered away their honor and judgment The formation of their army and the firing upon the unauthorized word or an officer show the utter abandonment of citizenship These marauders conducted an organized and outrageous war in defiance or all law. Who opposed them? The people. Were tho people at the gang plank the ones who flred the shots at the boat further dow n the river? Is there any evidence to hold those at the landing responsible for what others had none oeiorer ir there was a common design, the public prosecutor would have shown it This would have proved whether Prick or the people are the murderers. We can't detend except what they put In Issue. Captain Coon was there. The young men Cried out: "Keen awav.Vnn nch " There were no scabs on the boat The people were not there to resist organized watchmen. The point has not been put in evidence whether the places of the men who built this magnificent city should be taken bv the paupers or Hungary. That was wisely avoided by the prosecution. The boy who was shot on the plank begzed to go on the boat to see who was nn it Thia fa ih. ,i. tion of the two parties. The Character or the Witnesses. Next let us look at the oharaoterof the witnesses. tain ERWIN'S GREAT SPEECH. The St. Paul lawyer Took Everybody by Surprise and Caused a Sensation A Very Clever Argument In Favor of Critclilow A Compliment for Judge Kennedy. Mr. Kobb was followed by W. M. Erwin for the defense. The address of the St Paul, lawyer was a revelation and produced a profound sensation. He made a most adroit and masterly argument His com mand of English is remarkable, and his wit and sarcasm alike were keen and scathinir He dealt the opposing counsel several stiff body blows-that made them wince. Glori ous old Tom Marshall leaned back in his chair spellbound, and Judge Kennedy, who was writing when the attorney commenced, soon stopped and became an attentive listener. The speech was the principal subject discussed on the streets last evening. The part of the courtroom reserved for the audience was jammed, but as the fame of the speaker spread through the building the people crowded in around the lawyers and judge's stand. The tipBtaves, became so interested that at times when there was an attempt at applause they forgot to call his life. The-e must not be a shadow of a doubt in your minds that Critchlow Is guilty. Someone has aid that the law stands around a man liko a trreat protecting shield of innocence, and the prosecution must pile up Its evidence on it until Its very weisht bends him backward to the ground. It Is better Tor the country that 99 fuilty persons should go free than that one nnocent man should be punished. When your intuitions are so aroused that, you do not feel the suilt there is a reasonable doubt So sacred is life and liDcrty that we icqutre of him who accuses that the evidence shall be such that every Juror leels he is right when he gives his opinion. As some or you recently served In another muider trinl I will not waste your time stating the limitations that surround you and the presumptions of evi dence. Limited by the Prosecution. Last July theie rang out on the shores or Homestead, the sound of a battle. You can't piesume that there was discontent or a strike in tho town. That is not in evidence. Here we were limited by the prosecution. We were not permitted to show that this man Frick purchased arms and sent a foreign force to invade the town. It was read from the books this morning that every man who had a gun that day was respon sible. I point you to the Constitution of your State and country to show that the people always have tho right to bear arms in self-deiense. You know there wore crbwds of men, women and children on the- shoro or the river, but you don't know-It from the evi dence. That you can only infer. You know that the men on the boats did not live in the State. You ao not know, and there is not a particle of evidence to show, that they were watchmen. In narrowing the scope of the investigation the piosecution forsot to Dringouttne commonest things neces sary for your information. I challenge you to show me in the evidence where it ap pears that the Pinkertons were guarJians. Nothing was said about the bank around Homestead or whose shore it was, but you do know that on the bank of that river were gathered the common people. You kno, too, that the cloven foot that provoked this insurrection was caiefully hidden from you. The testimony in this case does not show it. You only know that the blackest name in this country under the flag is Frick. You only know that Prick, whoever he may be, placed armed men on the barces that went to Homestead. You don't know why he did it, unless you go on the stand and testify to it. What the Evidence Failed to Show. There Is nothing in the evidence to ex plain this most unwarranted, treasonable act You only know that the boats were supplied with men, arms and food by this creat quartermaster Frick. You do not know how he Justifies his conduct. His ob ject must have been so black that he did not' dare to bring it out in the evidence. Isn't that important? The great question that you must ask yourself is, was this battle at Homestead a riot, or an unauthorized invasion. If you answer that it was an Invasion without ex cuse that is the end of it, for the peoplo never delegated away their rights to resist armed invasion. It needs no mandate of the court no Sheriff to hoist the flag. I don't see how you can escape from this position, that whatever was done at Homestead was in resisting armed invaders. I would like to have gone into the authority and character or the Pinker tons, but that is denied us. All you can see is that Frick armed foreign-born men, for eign to your State, steered them stealthily by night past your city, and they flred upon the men, women and children of Home stead. The learned gentleman who tiled to carry you by storm, neglected to Htate these preliminaries befoie tho gale began. Ho tiled to blow the gale himself, ana became the personification of a riotous person in voice and gesture before you. He neglected to say to you that if Frick hadn't sent armed men to Homestead there never would have been a riot. He winks at you and ex pects you to i fer that Great GodI Did our fathers at Lexington infer that they were oppressed? The uiesuniDtion is that thenconlo always act light and you are bound by it Unless Gn the side of the State are Can- Cooper. Burt Conners nnd Cantaln Bodgers, the man who hired his boat to this unlawful enterprise. The first three are de tectives. What Is a detective? He Is a man who can't make a living at the ordinary avocations of life. He hasn't wit enough to earn his bread by the sweat or his face. He has a burning lor notoriety and prerers to hunt hfs fellow man rather than work for a living like honest people. In the days of tyrants de tectives and informers were hired tn lln nnrt do dirty work. We have beard or men torn from their homes and thrown into prison by their testimony. You have an antipathy to these hyenas. In this country you can't And enough Pinkertons to carry that Jury with their slop testimony. This is a State founded by Quaker conscience, and it stands aronnd that wile to-day like a great iron band. Remember that both Cooper and Burt now stand Indicted for what tney did at the landing. Remember how much they stretched the truth to prevent your people from stretohing their necks. If they were not opposed, I wouldn't believe them any how. But thev are opposed by Captain Coon, Mr. Mansfield and others, people who live here and whose character Is known. We can't impeach the reputations of Cooper A .. rt T. a !... .. . ... ... . auuuuuiui nicy i-uiuo irom oiner states and we don't know them. If out witnesses were disreputable your splendid District Attorney would soon show them up. These men testify that the fitst shot came from the boats and was fired at the people on the bank. Remember that a crowd has the right to do the samethingin self-derense as the individual. Dynamite and oil could be rained on this unman-fearing and uncon scionable crowd of Pinkertons. The Right to Shoot Now for the defendant. Is there any evi dence to show that Critchlow countenanced the resistance? Is It known who shot Con nors? You do know that your own people were shot down and killed. We are work ing under the most stilted economy. The moment you know who flred the shot and that there was no conspiracy among the people at the plank, the right ot those on the shore toshoot continued. Political laws are silent when arms are raised. People in Insurrection are always anxious to be recog nized by foreign governments. You speak of cooling time. According to Captain Coop er's testimony he stopped shooting because he had no port holes. The people had driven tne cowards into their holes. Laughter. The only reason why tho Pinkertons did not wallow In the blood of the people was Because or the mag nificent resistance. There were only eight rifles behind the barricade and 300 in tho boat Think ot the absolute conerdice of men with 300 rifles asatnst eightl Such eP fiontery is only equaled by their cringing fear. Cooper says they shot at every head. Why, that magnificent volunteer witness, Stewart, told a perfidious lie. It stands out boldly. Did you ever see a little squirt come in to look around for the purpose of testny lng? Ah, that bpy can tell a lie, and you find him in the pay of Frick. On his word would you convict? Oh, no, that game is up. Counsel on the other side stand here and say: "Why didn't Critchlow say on the stand that ho did not carry a gun?" Why didn't !'ou ask him? He. was there to answer. Laughter. You didn't dare. His honest, toman fnce shows what he Is. We have had enough of your windy sophistry. Hero of the Future. I haven't any heart to speak or the alibi. The boy 'who received 15 bullets in his clothes will be more of a hero in time to come than your sacred man Frick. But I am ordered to go over the testimony. How many witnesses were on the ground? Only two. Stewart Is tho first of this magnificent observation corn of the battle. They 10- cauea Joseph Mailey, a Pinkerton. I don't know whether he is under indictment or not If he isn't he ought to be. Dickson, Ilervoy, Slocum and Reese are witnesses who saw him with a gnu. Well, now, you saw the thlck-tongued artist fromNewYork; his hair parted In the middle; so bland to the pi osecutlng attorney and so sarcastic to the other side. He was so precise in his testimony because some man, Mr. Mansfield, I believe, pointed out a Critchlow. Do you iiunit no was a lair witness? well, Jur. Mansfield comes on the stand and says he pointed to another Critchlow. This man who diaws pictures of Robinson Crusoe lor New York papers betrayed by his conduct in the witness box the falsity of his testimony. There is no evidence to kill. A volunteer witness like Stewart can't be very accurate when ho crouches behind a barricade on ao count of the balls and takes note of men who are shooting. Notice how precise he is. He speaks or the time from 1:36 to 3:45 in the afternoon. Hin very exactness makes him incredible under the exciting circum stances. Now take the evidence on the other side. is nothing to be lost, and their condition will drive many to seek revenge on noni union men who will commence to visit the borough. Last night? about midnight Deputy Frank May was attacked from ambush by two men who threw. heavy cobblestones at him. He fired at two retreating forms, but failed to halt them. May had been warned some time ago by receiving a sketch of a skull and cross bones. It is given out by a party who is in a position to know that about 1,600 men hare applied since the mechanics and laborers made a break Friday, and of this number not over 600 were taken in or given definite promises. The Advisory Board Disbands. The famous Advisory Board at Home stead met yesterday for the last time. A little routine business was transacted, after which the board that has directed the desti nies of the locked-out men disbanded sine die. IfEW ADVERTISEMENTS. The Loading Dry Goods House. Pittsburg, Pi Wednesday, Nor. Jl 13SJ. HORNE&GO 'S PENN AVE. STORES. Pianos, Pianos, Organs, Organs. . , Mellor & Hoene, 77 Fifth Avenue. The most durablo and reliable. The best for the money. Largest line of Instruments in the city. Easy pay ments. Send for circulars. Watch These! Handsome colored bead bodice, $1 75 each. Silk ribbon gimp, very fine; all colors 15c per yard. Beautiful feath orlne edges, 25c per yard. Stronp silk carter elastic, regular 6O0 goods, sold at 35o per yard. KACFJTA358' New Drygoods Department Store Glosed T0-M01T0W, Thanksgiving Day. WE OFFER Largest and Leading Jewelry and Art Store. E. I k DIAMOND FINGER RINGS. A lady's love for jewelry usually centers in her rings. She can't have too many. She very properly prides herself in her collection of beautiful rings. The diamond is the queen of the jewels. You can select from a variety of over 200 styles here. The DIAMOND SOLITAIBEi DIAMOND 2-STONE, DIAMOND 3-STONB, DIAMOND 5-STONE, DIAMOND OLU3TEBS, DIAMOND MARQUIS, DIAMOND AND EMERALD, DIAMOND AND RUBY, DIAMOND AND PEARL, DIAMOND AND OPAL, DIAMOND AND GIPSY SAPPHIRE, Also RUBY RINGS, OPAL RINGS, PEARL RINGS, EMERALD RINGS, SAPPHIRE RINGS. TURQUOISE RINGS, Odd combinations, fancy designs. All gems of purest ray, flawless and perfect in color. You'll be heartily welcome to view thisunequaled stock of Rings, whether visitor or purchaser. TO-DftY Bargains -IN- Winter Flannels. E. P. ROBERTS & SONS, Fifth Ave. snd Market St no23-jrwr HUGOS & MCE UPHOLSTERY DEPARTMENT. '0 S I A DISPATCH ADLET ! S IS THE ,. I 1 " W; si. $ IrlAl UlMiiNb XJJ THE DOOR TO SUCCESS. AAA !$ thero is some pi oof heie that the people were wiong.youare Dounu Dyit. iiowmucn safer it is to presume that yonr people were light rather than the armed invaders. Since they have left that to presumption, you should follow your patriotic feelings. A Riot or an Invasion. Sow under the evidence was it a riot or invaBionT The right of the peoplo to tlio shore of the river can't be denied. Tney were justified in resisting. Frick may have had some reason, but the State lias not brought it forward. What Frick may have thought at the time was a reason that might not wash before a jury now. Men often do things tor self-aggrandizement that they are ashamed of afterward, and are afraid to bring out in court reasons that would con vict them of the crime that they are trying to saddle upon others, and that is murder. I don't think It is necessary for me to whip up your patriotic feelings. Tou must de termine whether this Invasion was unan thoi lzed or not. The people should not only have shot the Pinkertons down on tho shore; they should have followed tnem on the boats, to their hearthstones, before the altar. and If it were possible to cross the line that divides the living from the dead, they should have passed over and shot them on the burning bosom of the Prince of Hell. Suppose now you differ from me. Suppose you say that it was not a foreign invasion and the people hadn't a right to resist. 'Then was this riot of such a character as to hold the armed men on the shore responsi ble for their acts? Is the evidence such as to make every armed man on the shore guilty of murder? Now notice. The people on tne snore naa tne same runt or sen-defense as a single individual. There weie SOO invaders irom theslnmsof Chicago.Phlla delphiaand New Tork, the thugs of the oities. Armed With Winchester Blues.' They were armed with 150 Winchester rifles, the worst death dealing weapon that the genius or the Republlo has Invented, 16 bullets in each one. The others had clubs and revolvers. Thv were In oharcra of captains and lub-oaptalns, men who had Speaking on the Alibi. Here Mr. Erwin read the alibi testimony already published. Continuing he said: Who are these people? They are not rela tives, they are not Interested. Here are 15 witnesses, comprising police officers, neigh bors and otners who testify to the alibi. It would be impossible for these men to fabri cate. The testimony covers such a variety of interests. Every witness fits in and makes the evidence stronger. Even the great Pinkerton with his trained lieutenants couldn't Invent such a chain of evidence. The fact Is that the Critchlow on trial was not the Critclilow on the river bank. It was another man. I congratulate you that what ever may have been tho rights of the people on the bank that morning, tho testimony shows that the Critclilow hero i3 the wrong man aud your duty is simple. Promptly acquit him. In the jury room don't allow any expression of mine made in the honesty ot my heart to reflect against my client. Your splendid District Attorney tried this case well. He took the best posi tion, and his attitude was such as to make you bend your consciences to convict. If you write guilty on your ballots, you tear him from tils wife and cnildien. Let these thoughts be with yon in all of yonr delibera tions. Responsible is your situation, and I wnnt to thank you for your respectful at tention. I leave my client with you, but you I leave In the bands of God. Court adjourned at the conclusion of Mr. Erwin's speech until 9:30 this morning. Thomas II. Marshall will speak for an hour and a half for the defense, and District At torney Burleigh will close the case for the prosecution. The Judge will then charge the jury and a verdict is expected tnis afternoon. "ftttttT 1 Vinter Flannels of all kinds, only th very best makes; the makes that our many years of experience have proven to be tha best and the most desired by our thousands of customers. We have found ont the best after long years of close attention to tha business of buying for the people, and the people who kno'w and want good values are confident that our prices cannot possibly ba matched elsewhere. This applies all the year aronnd To-day we start a sale, that includes our entire stocks at prices considerably lower than we here ever named before. Good "White Dqmet Flannels at 6c and 9c a yard that would cost several cents mora elsewhere. Soft, fleecy "Baby" Flannels, pretty color, in plaidi and stripes, regular 15c quality, at 10c a yard. Fleece-lined Flannelettes, in patterns ex actly like the French Flannels, colon perfectly fast, prices only 10c and 12Jo a yard. Extra. value, all wool, Plain Scarlet and "White Flannels, at 20c and 25c a yard. A lot ef half wool Scotch Flannels', plaid and styles, good and fast colors that wash perfectly, regular 30c quality, at only 18o a yard. A wonderful value in good, all-wool Coun try Flannels,-10ft and fleecy, not tha harsh, hard kind, only 23c a yard. And pare, soft, all-wool Country Flannels, the best made; will not shrink; stripes and plaids; suitable for school dresses; regular 40c quality at 35a Best all-wool plaid and stripe French Flan uels, 50o quality, only 35c a yard. And the best all wool Scotch Flannels, in very choice styles, stripes and plaids, that we have never sold under 40c, are now 35c a yard. Extra heavy, yarn dyed, faney striped, all wool Flannels that have never sold below 50c are 45e a yard. The best all-wool printed Flannels, in very seiect-aesigns ana colors, none tnat wa have'ever sold under 75c, are 50c and 6O0 a yard. Embroidered Skirting Flannels, plain white, many exclusive designs, all .at special prices, from Goo to $1 a yard. Embroidered Skirting Flannels, in all de sirable shades, embroidered in self or con trasting colors, full yard wide, extra values at 75c, 80c and 90c a yard. Special low prices also on the finest hand embroidered Flannels, white and colored. Best Eiderdown Flannels, 33 inches wide, plain colors, quality that never sold be low 75c, now 70c a yard. "We will call especial attention of thoie who come to the extraordinary prices made for this sale on the Amans Society Flannels. Mascoma Flannels and Dodge Davis Company Flannels. Prices wera never before so low on these famous flannels. SpeGial: THE TOWN NEARLY BANKRUPT. Homestead In Straitened Financial Con ditionSetter Times Looked For Non Union Hen Leaving Still Many On tamed Spirits A Deputy Assaulted. The earlv morning hours at Homestead found a number of men at the mill gates. Few of the applicants were taken in, and they were given positions made vacant by increase in work and the resignation of a few non-union men. It is predicted that there will be a gradual, falling off in the ranks oil the non-unionists for some time. Some of the men who applied for positions to-day were told to return Mondav, at which time it is expected that a number of vacancies will exist, as some ot the non unionists will quit at the end of the week. There is bound to be hundreds of -idle men here for many weeks. The good citizens of the borough were almost thunderstruck at a motion made last night at the meeting of Council. The strike has caused taxes to be uncollected, and as a result the financial condition ot the borough is anything but encouraging. It will take but a short time to straighten matters out, as the debt to the borough are collectable. This condition of affairs caused a member of Council to make a motion that the entire police force be dismissed. As the the Sheriff's deputies will soon leave here, this would leave the borough unprotected. It is thought by many citizens that all the trouble is not over. While there is law and order here now it is eared that the many blacklisted men, who are charged as being ami ng the worst of the men, will make it unpleasant, more ao wha they know there Brass and Iron Bed steads, Cribs and Bas sinetts. The most reasonable prices and the largest collection shown in this market. BLANKETS. Our own special make, strictly. all wool; none better can be had; white, scarlet and gray; prices notably low. Our 1 1 Blankets at $5 per pair are an extra bargain. California L a m b's Wool Blankets, all prices irom $6.50 to $30 per pair. Chenille Table Cov ers, handsome rich colorings, with tassel fringe trimmings, 500 new designs opened this week, $ 1 each. Every piece ot Flannel, of whatever kind or quality, 5 yards in length or under, goes at once to the big remnant pile at Bemnant prices. You will find new bar gains there every morning. See how Flannel Skirt Patterns are going! At 70c, worth 90c. At 85c, worth $1 10. At fl 15, worth $1 4a "Watchful buyers who want only the best, but who appreciate an offer of the best at less than usual prices, will be prompt in taking advantage of this unusual sale. JOS. HORNE & CO., 60&-62I PENN AVE. P. S. We put on sale to-day 50 pieces of the choicest styles ot wide best Scotch Flannels at 20c a yard. no23 to $5 .COR. FIFTH AVE. AND MARKET ST. - no20-xwrsu QIMEN'S DOOMING VJHOE BARGAINS Children's patent leather tip ped spring Jieel shoes worth 85c, $i, at 65c, 75c and 85c, sizes 8 to ioj. Misses' cloth top spring heel shoes, sizes 11 to 1, at$i, reg ular price, $1.50. Boys' lace shoes, sizes 3 to 5, at $1. Men's lace shoes, sizes 6 to 11, at $1. Ladies' Dongola button shoes at $1. Ladies' flannel lined shoes at $1. Ladies' flannel lined slippers at-$i. Men's fancy-velvet slippers 50c -AT . G. D. SIMEN'S, 78 0HJ0.ST, ALLEGHENY, PA, mOtl-KWT j-wLj&j2hJl.A r-fej? -. & T ffii&fliHjLekt sWi frltfsMh MstMrfi ; 1 1"A iiSsfclisHsBsBBiMlsMMHs sfnf iiy tatfe? iiiff - --- .-.ifcikaa3sfc?3lKflsltfrsk r
Significant historical Pennsylvania newspapers