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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
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