r--'
v
upon bis effort. The quiet conversational
style of much of bis address must have been
agreeable to the ears ..it Dot to the under
standings of the jury. The only point Mr.
Burleigh used all his lung power to empha
size was where he characterized Mr. Erwin's
theories as undiluted anarchy. His speech
occupied three hours and a half almosL At
its close the court adjourned for lunch.
Judge Kennedy began to read his charge
at 2:35. He had written it out in its en
. tirety, except the quotations from law
boots, which amounted to considerable.
His Honor read slowly and distinctly,
only once laying .particular emphasis upon
his words, and that was when he warned
the-jury to be careful about letting the
legal bird of prey, a reasonable doubt, get
away with their judgment; then he raised
bis Toice and thumped the arm ot his chair.
Both Sides -Pleased frith tlie Charge.
The charge impressed both sides very
favorahlv. The layman could not but ad
mire its judicial impartiality and the clear
statement of the case at issue it embodied.
Mr. Erwin, the impetuous Demosthenes of
St. Paul, felt impelled to inform The DIS
PATCH reporter that lie considered Judge
Kennedy's charge rut of the fairest he had
ever beard, full and learned, absolutely im
partial and unopinionated. It should
have been mentioned that Mr. Erwin at the
close ol Mr. Burleigh's speech objected to
several statements in it not in accordance
with the evidence, and the Court directed
the jury to disregard counsel's statements
where they did not agree with the facts.
This also pleased Mr. Erwin.
"When Judge Kennedy had concluded his
charge the jury retired, at 3:25, but the
court continued in session till 4 o'clock.
All the counsel retired to Mr. Burleigh's
room for a conference about the rest of the
Jlomestead cases. Poor little Mrs. Critch
low, who had burst intb tears when her
husband was led back to jail, sat alone with
empty chairs all around her in the very
center of the courtroom. "With her face
hidden behind her handkerchief, the de
fendant's devoted wife remained a picture
of loneliness and grief for halt an hour,
during which time not a soul spoke to her,
much less essayed to comfort her. When
the court adjourned she went away, and she
was not preent when the glad tidings of
her husband's acquittal came. .The verdict
at least has given one little woman, with
four young children to care for, a heart to
enjoy Thanksgiving Day.
GLORIOUS OLD TOM TALKS.
Mr. Marshall Scarifies the Commonwealth's
"Witnesses Sarcasm for the Carnegie
Finn A. Roast for Capitalists S. Strong
riea for the Defrndant.
The Hon. Thomas M. Marshall began bis
address with the argument that the jury
were judges of the law as well as the facts,
which he supported by a citation from Chief
Justice Sharswood's ruling to that effect.
He said he expected the jury to listen to
the law of riot, as laid down by the Court,
but protested against the Commonwealth's
theory of constructive murder, and con
tended that there must be mental intention
to make a man a murderer. Then Mr. Mar
shall described the hiring ot the-Pinkertons
and their journey to Homestead, character
izing them as aliens and foreigners, who,
under the cover of night, skulking like
robbers, invaded the State of Pennsylvania.
He contended that the Pinkertons were
Glorious Old Tom JJaru'.alL
unlawfully at Homestead, usurping the
duties ot local courts, police oeffiers and
civil authorities.
Automatic "Witnesses Scored.
Upon the Pinkertons he was specially
severe, lumping them as unreliable and dis
honest by profession; "a detective's life is
s. lie, his conversation is a fraud," he said.
Stenart, the clerk in the Carnegie employ
whose positive identification of Critchlow
was the mainstay of the prosecution's case,
lie compared to Blind Sam's automaton
soldiers in Pittsburg's old Museum, to
which Body Patterson was wont to compare
the policemen who were ready to swear to
anything or anybody at the most trifling
provocation, lleese dealt in pictures, not
tacts, Mr. Marshall said, in his swearing to
the identity of a man of whom lie got only
a glimpse. On their side they had a dozen
witnesses who knew Critchlow well who
saw hi in at various other places at the time
lie was alleged to have been snooting at the
Pinkertons.
Mr. Marshall paid his respects to the
Carnegie Company's interest in the case in
these words: "The District Attorney will
tell you that he doesn't represent Carnegie,
that he is not in communication with Cluny
Cattle; that he has had no dealings with
Mr. Lovcjoy. But why did Brother Bobb
sav: Uur clients do not dictate how this
case shall be run?' Who does Mr. Bobb
mean? The Commonwealth is the only
client I recognize on the other side."
Mr. Bobb I didn't say that or anything
like that.
Mr. Marshall I do not accuse you of
falsehood. Brother Bobb; you are merely
forgetful. The truth will slip out. Why
this array of learning and beauty behind
the District Attorney, Breck, Patterson,
with no hair where it ought to grow, and
Bobb? You couldn't make me believe that
the Carnegie Company hadn't anything to
do with this case.
!Names Ont ot Keeping.
"Then this man Lovejoy'e name on the in
formation, what does that show? It's not
the right name, but I wouldn't suggest lor
worlds that it should be changed to Love
Blood, or have the Love stricken altogether
out ot it. Several names connected with
the prosecution seem to be wrong-hitched.
I never see Henry Clay Prick's name but I
think of a colored barber."
Mr. Marshall next turned to the clothing
worn by the defendant on July G, and asked
whether it could be called dark in color as
the Commonwealth's witnesses described it.
He contended that nothing was easier than
to make a mistake in identity. Where was
the proof ot the common purpose to commit
murder among the Homestead men on July
C? It there was a reasonable doubt the de
fendant must have the benefit of
it. It was not perhaps a ques
tion between capital and labor. There
was not one capitalist in Allegheny county
who had begun lite whh a fortune. It was
said to be a great sin to import foreign iron
or steel, but it was all right to import Slavs,
Poles and Hungarians. Critchlow was to
be made a victim of this system. Gold
smith rightly said:
III lares tne land to hastening ills a prey
"Wlicie wealth accumulates and men ocayl
3 Mr. Marshall shook up Jar Gould as a
representative evil product of the times,
and maintained that the man who produces
didn'tget the share ot the country's wealth
lie ought to get. In conclusion he asked the
jury to review the case calmly and honestly
and stand by their right to render a decision.
MR. BURLEIGH'S SPEECH.
The District Attorney 31al:es a Very Clear
Analysis of the E Idence He Koasts the
St. Paul Lawyer A Review of the Blot
That Caused the Trial.
District Attorney Burleigh followed
Thomas M. Marshall. He spoke lor, three
hours and a half and delivered over 15,000
words. It was the effort of his
life, and he was congratulated by the
bench; and members of tha bar.
The District Attorney said:
Those who always prate the most and In
veiih the loudest aeainjt the use of art and
prej udice In Jury trials maybe sare to bo the
people who intend to resort to art and
prejudice InBtead of the law nnd the evi
dence. I want to say, at the very threshold
or my argument here, that In my Judgment,
in the whole of the several hours that were
taken up bv the defense in the arsnment of
this case, 99 per cent of that time was taken
up wltn splendid exhibitions or art or with
appeals to what they considered wonld be
your prejudices In this case, strenuously
Keeping away from the evidence, strenu
ously keeping away from the Issues involved
and asserting that by so doing they were
simply here to help and aid you in coming
to a oorreot ooncluslon. In the light of their
argument I do not think It apparent that
they have done so.
ow, in the first place, I am sorry that the
last speaker lias compelled me to state to
this jury that lam in the payor no man.
Evory man Indicted in this conrt so long as
I occupy the position I now hold will be
tried hi this court if Indicted for a felony.
"M oio B0O0IC'
TlPi Wkim, vWTff Wl i P inw ' 1 1 l
JUDGE KENNEDY
They will all be prosecuted alike: they will
all be prosecuted by tne Commonwealth,
and I will say to them, as to this man to-day,
if the law and the evidence show that they
are notguiltv I will ask thejury to let them
go scot tree, but'if the law of this Common
wealth and the evidence in the case shows
that thoy bd guilty, whether the man bo
Sylvester Critchlow or Henry Clay Frlck, I
will ask the lurv to bring Inn verdict of
guilty under the indictment they are sworn
to try.
A Very Ridiculous Claim.
But yet, while their whole defense Is an
alibi, S3 per cent or the kind of their argu
ment is consumed In trying to convince this
Jnrv or something that is so absolutely ridic
ulous that it almost makes mo blush to refer
to it, viz.: That a revolution like unto that
or Lexington and Bunker Hill was about
breaking out in our midst, as if anybody
would believe such stuff as that. Suppose I
was Indicted In Philadelphia for a
crime that I was alleged to have committed
In Philadelphia yesterday, do yon suppose I
would go there-and delend myself by saying
orshowing that the man who committed tne
crime had a right to commit it T I would do
what Sylvester Critchlow proiesses to do.
I would set up an alibi and prove by every
man in this courtroom that upon yesteiday
I was in the county of Allegheny. They
know their alibi is weaK and won't stand.
Why they say it is a misfortune to the
country that we didn't go outside of this
homicide case and try the riot case, and.
ascertain the cause and effect of that strike.
What has that to do with the case accord
ing to them this man wasn't there. He didn't
do the killing, he wasn't on the giound, and
in the name of God why does he complain
because the Commonwealth didn't put more
witnesses on the stand and prove various
other tilings. He tells you in the next
Dreath that this defendant ought to bo ac
quitted because there is not a single solitary
piece of evidence that Mr. Frick was inter
ested in or owned that milliard. Is the
opposite of that proposition truet Do I un
derstand mv friend on the other side to
nr-na to this lurv that if there was evidence
that Mr. Frick was interested or owned that,
mlllynrd tnat tnen mis man is gumy oi
murder!
It is to be determined by you, if their
theory he right, whether within U1I3 peace
able county of ours an Allegheny county
Jurvis going to say that citizens within it
nofders, with guns', muskets, dynamite and
burning oil and every invention that could
bo Invented by amurlerou's mind, can be
brought to hear against SuO human beings
upon our rivers, even to the extent of ex
termination, and yet be guilty ot no crime.
A Koast Intended tor Erwin.
Are you prepared to say that to the worldt
You have been told in language that shocked
every hearer within the walls of this room
that meu within this county had a right to
shoot them upon the boat, to shoot them in
tne mart, to shoot them at their hearth
stones and after their death to
climb over the boundaries Itself, and to
snoot them upon the burning bo?om of the
Prince of Hell. Are you going to indorse
that? That is the theory of the defense.
You have been told if those men had not
surrendered at 5 o'clock upon that day, that
people of tnls county had a right to shoot
and shoot and shoot, even down until yes
terday if tuey hadn't surrendered, and had
a right to kill every one of them; that it
was rlaht under the law. Are you going to
add your approbation to thatt Itis inhuman
language, it is brutal language, language
contrary to Divine law, Contrary to
human law, contrary to the laws
of the savages and barbarians, language
that I would not even attribute to the
Prince of Darkness himself, because I be
lievo it would make him blush to say it, and
I don't believe lie would indorse it. And
yet the time has come in Allegheny county
when an officer of the court can stand be
fore the public and the jury and s-ay to
them, under the oath that he took to prose
cito the case, thut that is right under the
law of Pennslvania. Horrible! Awful A
hideous doctrine! A doctrine that I do not
believe any 12 men in or out of Christendom
would give their assent and their approba
tion. It is worno than tho crime for which
Critchlow stands indicted. It is more
glinstlv and more awful than any murder
ever committed in Allegheny county. Tho
promulgation of adoctiine like that is not
law, it is anarchy pure and simple, it is the
utterance of a communist.
ir Critchlow encouraged the formation of
that riot or thooilglnof it, and then left
and didn't go uncle again, he is just as guilty
under the law as if ho had stayed there all
the day. And whyT A man cannot start a
niisntv engine of destruction in motion, or
cau-e such a terrible riot as that was: a man
cannot be the means or congregating on the
ground 5,000 people with dynamite and nil,
and cannon and shotguns, and pistols and
rifles, and leave them there to complete the
Job without being guilty ot everything that
takes place after he was first on the scene,
no matter whether he remained there or
not. And to avoid any mistake about it, I
don't care w hether Critchlow was homo at 3
o'clocc, whether he was asleep'at 4 o'clock
or not: if he was there that morning at any
time after this murderous attack started un
der the law he is Just as guilty as if he re
mained there all day.
A Description of the Itlot,
Mr. Burleigh then went into an elaborate
account of the events of July 6 at Home
stead. He claimed the Pinkertons were
carefully brought to Homestead to guard
property; that Sheriff Gray's presence
sanctioned the undertaking and that the
! A DISPATCH ADLET !
IS THE
t x :
'vw
THAT OPENS (OJ
THE DOOR TO SUCCESS.
THE PETTBBUR&
resistance to their landing was the only
illegal act. Mr. Burleigh continued:
They talk about an Invasion! Can there
be an Invasion when the Sheriff of
this county takes mon to a mill
propertyt Hadn't Potter a right to go
upon that propertyt Iladn't the Sheriff a
right to go upon that propertyt The only
Invasion, gentlemen or the Jury, on that
property that nlrht was by those mis
guided men who, under bad ad
vice, invaded ths mill property and
made tne attack upon the l'inkertons.
It was awful. Talk about the disgraceful
crime annals of Allegheny county. I don't
believe there is a county In the United States
or America that can furnish the equal of
that for disorder, for tumult, for riot, for
murderous design, for awful savagery and
brutality. I doubt if any painter ever lived
from ancient time down to modern who
could paint a picture from his imagination
that would besfln to equal the scene of
carnage and bloodshed that existed upon
that bnnk on that day.
I don't believe the time has come In this
county of ours where it is possible to get
Into the Jury box 12 men who under their
oaths will say "that was done:.buc I, under
my oath, as I shall answer to God on the last
day, say it was right." I donlt believe It.
CHARGING THE JURY.
Mr. Burleigh then proceeded to go over'
the evidence supporting the defense's claim
of an alibi. He snowed that Bidley, Eicher,
McAllister and Trautmau testified that
Critchlow was at a saloon 13 minutes away
from the place where the defense admits the
Commonwealth's witnesses rightly placed
him between 8:10 and 9:20 A. M. Mr. Bur
leigh went on:
A Question for the Defense.
Now, then, I want to call your attention
to another thing. They told you that there
was a man by the name of Harrison Critch
low, and that he was mistaken for this one
at the bar. Where is Harrison Critchlow?
Where is he? Why Isn't he produced! That
he Is a cousin of that man, said to look like
tnat man, although It is admitted that he is
somewhat shorter, as I understand it, a great
deal shorter, and not liko him in height
when be is standing upon bis 'feet. Where
is Harrison Critchlow? They say this roan
Sylvester Critchlow is on trial forhls life to
day, and that it isa case of great Importance
to him. In the name of God, if that is true,
why don't they bring his own cousin here
and let us see what he looks like, and let
him testily whether he was the man pointed
out or not?
Here Mr. Cox interrnpted the speaker to
ray that Harrison Critchlow was lying sick
or injured.
Mr. Burjeigh continued:
If this man had been lying sick with his
leg cut off they could have gotten Ridley or
somebody else to have gono upon the stand
and swear to it. I will venture to say that
there is no more comparison between Sylves
ter Critchlow at the bar and Harrison
Critchlow, if there is such a man, than there
is between a cat's tail and the tall or a
comet. Why, they would have been over
joyed to have brought him; he would have
been their principal witness. Now, it they
concede thut Stewart knew Sylvester and it
was Sylvester that he recognized that morn
ing with a gun, how Is It posilble tnat thoy '
can say that he didn't know Sylvester in the
arteruoon and that therefore it was Harri
son he recognized?
He tells you that right alongside of Sylves
ter Critchlow, kneeling at ihat time and
shootin?, was a man named Hall and a man
named Flaherty, and a man named Flanni
gan. Why are not these, meu produced on
the witness stand if Stewnrt lied?
Keese comes in, of course, with every man
who testifies lor the Commonwealth, for a
share ot tho remarks made by counsel for
delense. who say that he is unworthy of
belief, that ho parts his hair in tho middle,
and fool things like that. I never licnid
anything disreputable about Mr. Keese; I
don't see anything in his appearance, to in
dicate that he is a man not to be believed or
that ho is not reliable: I was rather favora
bly impressed with him: ho wasn't con
nected with the Carnegie Steel Com
pany, ho s-imply went up there to draw
pictures for the New York papers of what ho
saw, and tho very fact that he has gone from
here to New York is an indication that ho is
something better than the ordinary artist
and has been advanced by going to that
city. He tells you that he was up in the
cupola; that ho was there in the prosecution
of his business; that some man with a red
necktioon called his attention to a man in
an exposed position and said'Tbere's Critch
low, the daie-dovil," and that from the fuel:
that lie w as in an exposed position and that
this man referred to him as a dare-devil his
attention was specifically directed toward
the man who was kneeling down and that
man is the defendant Critchlow here
to-day. That is his testimony. It is not
shaken.
"Witnesses "Who Told the Trntlu
Then, gentlemen of the jury, comes Balrd
and Mrs. Coyle and Brayshaw and Moore
and Ramsey. 1 am free to say that I think
those witnesses told the truth; I think as old
man Ramsey told yon that Sylvester Critch
low had run out of ammunition, that he hail
no ammunition and went homo about S
o'clock that day. I haven't any
doubt that on account of being
up all that night he was tiled from lossot
sleep and that when he went home at that
time he went to bad. At i o'clock he was
in ued as his wife stated.
Now one thing more. Who is the man of
nil men in this county who could tell whei e
Sylvester Ciitchlow was that day and what
he was doing? Sylvester Critchlow. Does
he tell you where lie was that day and what
he was doing? No. What does he tell you?
There has been a little dispute about it and
1 have his testimony right here. It is pre
sumed, gentlemen of thejury, that when
counsel put a witness on the stand, they
will bring out of that witness every fact
that Is in favor of his side of the case.
Mr. Burleigh read Critchlow's testimony
and then said:
If ho wasn't there that day he ought to go
on tho stand and say so. If ho didn't fire a
gun that day he ought to say so. If he wasn't
apart of this combination lie ought to say
so. Iiow. gentlemen of tho lury, you have
seven witnesses who testily to seeing him,
five of whom testify that this man was on
the ground; that ho fired the shot; that he
was behind the bsrrica'de firing in range
of where uonners was shot. You have on
the other side his time absolutely unac
counted for by any witness at all at 7:30
o'clock that morning: although Jury said he
was on the ground irom 9:30 that morning
until 12:30, yet not a slnclo witness testifies
to where he was from 10:30 till 12:30 except
Rothrautt What did he have a gun for?
He didn't take it home that day Just for fun;
he hud It for a purpose ami that purpose
was to shoot. He said to Mr. Ramsey "ho
,
rr z
y
0
ii
DISPATCH, "THURSDAY,
was out of ammunition;" he didn't even con
tradict Ur. Ramsey.
"Waiting for the Judge Charge.
Now, gentlemen, this case Is over so far as
counsel for the defense are concerned; you
will hear the charge of Ills honor; he will
charge you that If this' man was on the
gronnd at any time that day before the kill
ing of Mr. Connors he is responsible tor the
death of Connors; he will charge you that
this alibi ought to be closely scrutinized,
and when they put four witnesses on the
stand who tell you that which is not true it
Is pretty hard to believe that all the other
witnesses In the alibi are testifying in the
dliect line of truth. I think the faot that
this man was put on the stand by his coun
sel and that they didn't dare to examine
him as to his connection with the riot on
that day, and the lact that they picked out
these certain hours in reference to which
they examined him, is sufficient for you to
assume that he was there the other times or
else they would not have selected these par
ticular times.
If you have a reasonable doubt ns to his
Intent to kill, then he would be guilty of
murder of the second destreo. I fall to see
how there Is any manslaughter in this case;
that always occurs in a sudden heat of pas
sion and there was nothing BUddeu about
this. It was three hours before the attack
was resumed.
I ask you, gentlemen, sincerely and earn
estly. In the Interest of law and order to be
careful and guarded In regard to your ver
diet In this case. You ought to take the
evidence as" it Is given from the witness box
and simply find a true and correct verdict, a
verdict that will do Justice to the Common
wealth, and will redound to your credit, not
particularly jib a punishment for any crime
committed In the past, but more particu
larly in the Interest of law and order in the
future, and to prevent a repetition of occur
rences of this kind.
AN IMPARTIAL CHARGE.
Jndge Kennedy Reviews the law and the
Facts at Length The Jury Is Sole
Judge of the Credltabllity of "Witnesses.
Judge Kennedy began his charge with
the customary definition of the various de
grees of murder and of manslaughter. Then
he continued:
In case of riot or riotous assemblage of
persons ror the exeontion of some private
object, all participants therein are princi
pals, aud if killing occurs in pursuance or a
common design, all are guilty of tnuider.
And It accompanied by such circumstances
as show intention to take life, either of the
deceased or anyone else present, or circum
stances from whloh such intention can be
reasonably and satisfactorily inferred, then
it is murder of the first degree.
Next Judge Kennedy affirmed all the
points submitted for the defense. Having
given the legal definition of a riot, be pro
ceeded: As to riotous homicide, gentlemen, I read
to you from an authority, a portion of which
has already been read, and it seems to con
tain all that is necessary to ay to you as to
what constitutes riotous homicide:
"393. Individuals who, though not specifi
cally parties to the killing, are present and
consenting to the assemblage by whom it Is
perpetrated, are pi lnclpals when killing is
In puisuancn of common design. 'When
divers persons,' says Hawkins, 'tesolve gen
erally to resist all opposers in the commis
sion of a breach of the peace, and to execute
it In such a manner ns naturally tends to
raise tumults and affrays, nnd in so doing
happen to kill a man, they are guilty of mur
der, for they must at their peril abide the
event of their action who unlawfully engage
in such bold disturbances of the public
Jieaco in opposition to, and defiance, of the
ustice of the nation."'
And If there is evidence establishing the
fact sufficiently that the rioters had com
bined to engage in the riotous proceeding
with an understanding or agreement to
ovcrcomo all opposers to the extent of tak
ing life if necessary to accomplish their pur
pose and killing occurs then they will each
and all be held to havo formed the Intent to
take life and they each nnd all will be guilty
of murder of the first degree.
No Discussion of the Facts.
Now I do not propose, gentlemen, to dis
cuss at length the facts in this case or tho
testimony. That has been thoroughly done
by the counsel upon both sides, and nil that
would seem to be necessary for me to do is
to briefly refer to the claim or theory of the
Commonwealth and that of tho defense.
Tho Commonwealth claims, as I under
stand it briefly, that on the 6th day of
July last a couple of barges towed by tho
steamer Little Bill, loaded with some 300
men thereon, having embarked at Bellevue,
down the Ohio river a few miles below
Pittsburg, nnd having on board sup
plies tor theso men, paBsed up the
Monongahela liver bound tor the town of
Homestead, and having with them a deputy
Sheriff or this county or Allegheny, Colonel
Gray, the men being intended ns guards
lor the protection of the proporty or works
of Carnegie, Phipps & Co., located a short
distance above the town. In their voyage
up the river, and before they reached their
destination, these barges were assailed with
shots Irom the thore, on that side of the
river on hich Homestead is located, many
shots striking the barces and the boat by
which they were towed. No injury to lilo,
however, wns done until the landinir In
front ot the mills nnd the Carnegie Steel
Woiks, above mentioned, was reached.
In attempting to land there they were
met by tho riotous assemblage of mon,
women nnd chlldien. who resisted the at
tempt at landing. The principals of this
riot, or riotous assemblage, were armed
with rifles, shotguns, levolvers, and with
thoso weapons, and using and making threat
ening speeches and tin buleiit gestures, and
calling the men upon the barges by vilo
name-i, and using opprobious epithets, they
assailed tho men upon tho bargos, resisting
their attempts to land, and when the gang
filank was run out one ot the rioters thiew
limself upon it, and with his revolver com
menced firing upon those on the plank or
boats who were attempting to land. Other
shots were fired and missiles thrown at the
men who were attempting to Innd. Up to
this time, as claimed by the Commonwealth,
no responding shots came from tho barges,
but shortly thereafter, upon order coining
from Captain Y. Cooper, who was on the
banres and claiming to bo in authority, a
volley was fired rrom the barges and shortly
thereafter another, the first volley, accord
ing to some of the witnesses for the Com
monwealth, seeminir to be fired in the air.
The crowd then scattored and there was no
inoro firimr, excepting scattering shots, for
soma hours. In the meantime, barricades
and other means or attack and defense were
prepaied by the people on the shore, and
alter such preparations were made tho at
tack was renewed, flrinu being dune from
behind the bairicade, pump house and other
places; oil was poured on the river and set
file to, effort being to have it run or float
down the river to the barges, which re
mained in the meanwhile at the landing.
An oil rait was constructed above, and It
also started to float down tho river toward
the-iO barges, but burnt out before it reached
them. Dynamite and other missiles of
destruction were thrown at the barges.
These proceedings were kept up from the
time of the completion of the prepaiatlons
mentioned during the remainder of the
day, or until the surrender of the men in
the afternoon or evening.
The Claims of the Commonwealth.
Several of those on the .barges were
wounded by tho shots- from the rioters
and two were killed or died from tho
wounds thus received, one of whom was the
deceased, T. J. Connors, who recoived a gun
shot wound in the right arm, causing his
death later in the day, and with his murder
the defendant is charged in this Indictment.
Tho Commonwealth claims to have shown
by the evidence that the defendant Critch
low was one of the rfoterii, that be was seen
early in the morning in the mill yard and a
little later on tho township road approach
ing the gate or entiance to the mill, and
later in the day was seen upon the barri
cades with three others, gun in hand pointed
thiouzh an opening in the file bricks
placed between the 'beams with which
the barricades were constructed, aim
ing his gun directly at the
barges on the river below whereon
wero these men, and firing the gun thus
aimed once as I recollect the testimony.
The Commonwealth thus claiming to have
shown the participation of the defendant in
the riot in which the deceased was killed,
claim that the defendant was guilty of mur
der. And that if the specific Intent to tnko
lite is shown, and they claim it is shown by
tho use of the deadly weapon, a gun, and
the facts and circumstances attending the
riot nnd the killing, the claim is that it
would be murder in the first degreo.
Now, the faots and circumstances I need
not refer to in detail, as they have been
fnlly related to you and commented upon by
counsel for the prosecution.
The defense-does not seem to seriously
deny the existence of this riot, or riotous
assemblage, nor the fact claimed by the
Commonwealth that the barges were at
tacked and shot at beforo they reached'tne
landing in front of the Carnegie works, as
they ascended the river, bat he claims to
have shown on the attempt to land, when
the gang plank was thrown out, the first
snot was fired frcm the barges, or by some
one on the plank who had gone fiom the
barges, nnd that the firing from the men on
the shore was dono after the first shot was
fired from the boat or barges. One of tho
witnesses for the defence, however, stated
that prior to the shot being fired from the
barges there were stones or missiles of some
kind t rown at the barges or boats, and
that threats were made against the men
therein and against their landing, and much
profanity used. But according to his testi
NOVEMBER , 1892.
mony also tho first shot was fired from tha
barges.
The Contention of the Defense.
The defense further claims that the pris
oner was not a rfoter; that be was not a
member of the riotous assemblage and In no
manner participated therein, and Intro
duced testimony to show his whereabouts
daring tho entire day ot these lamentable
occurrences, and claimed to have shown
satisfactorily that he did not do the shoot
ing or otherwise participate in the riots as
claimed by the Commonwealth, the main
defense being what you have heard called
an alibi, that is that the defendant at the
time alleged was in a dlfferont place from
that in which the crime was committed, and
therefore could not have committed It. Of
that defense I will have something to say
hereafter.
There are, as I have said to you in brief,
the claims of the Commonwealth and de
fense. You will lecollect the evidence
offered respectively in support of these
claims and theories and It will be for you to
say then whloh is correct. If the defendant
participated in the riot at the beginning, or
when the purpose was formed to resist the
landing of the men from the barges by
physical lorce and violence, and the killing
occurs subsequently In the accomplishment
of this purpose, he is guilty with tne others,
although lie may not have actually been
present and participated at the time of the
killing.
"The Carnegie Company had the un
doubted right to protect Its property, and
lor this purpose it coutd lawfully employ as
many men as they saw proper and arm
them if necessary. So long as the men em
ployed by the company acting as watchmen
to guard and protect this property acted
only in that capacity and lor that purpose
it mattered not to the rioters or to the pub
lic who they wero or from whence they
came. It was an act of unlawful violence
to prevent their landing upon the property.
That unlawful violence amounts to at least
riot on the part of all concerned in It, and
If life was taken in pursuance of a common
purpose to lesist the landinz o: the men by
violence the offense was murder."
This is the language of the Chief Justice of
tho Supreme Court or tills State in his recent
charge to the grand Jury upon this subject.
Where, shall we look torn higher authority?
As is properly stated by him it matters not
who these men were nor whence tbey came,
whether Plnkerton detectives from Chicago
or elsewhere, as long as their purpose was
lawful. And if their landing was resisted
by physioal:force and violence, attended
with threatening speeches and turbulent
gestures, it amounted to a riot, and if killing
occurred in pursuance of a common design
to accomplish their unlawful purpose tho
participants aro guilty ot murder.
You must not be guided by the advice that
the people on the shore had the right to ro
sist the landing of the men from the barges
and to shoot them down if necessary to ac
complish their purpose; this Is not law, gen
tleman. It is wholly subversive of privato
lights and it Is inconsistent with good
order, good government and good oit
lzensnip, and it is in violation of
evory principle of justice and humanity.
The Law From the Supreme Court.
You are told that you are not the Judges of
the law as well as of the fact. This gentleman
is true, in a certain sense, and tho best ex
planation of that is to be had in the later
utterances of the Supreme Court on that
subject, which I will lead for your instruc
tion. The opinion was to the effect that the
Court should furnish the law and the jury
should apply it to the evidence.
Jndge Kennedy continued: I have given
you the law of this case as 1 understand it
to be laid down by the Supreme Court of
our own State, and I apprehend the Jury
will take it from the Court as the best evi
dence of the law. In other words they take
the instructions which seem to havo been
conveyed in the opinion which I have Just
read. Now, as to the present case, if the
jury are satisfied that there watariotin
existeuco there on that day, and that tho
defendant with others actively participated
in it with the purpose and Intent to prevent
by violence and physical force the men on
the barges from landing and entering the
work or mills of the Carnegie Company on
this day. July 6, 1S92, and if you believe
that T. J. Connors, was killed by the act of
violence of the rioters, and that there was a
common purpose or desizn among the riot
ers to resist and oppose the land
ing of theo men to the ex
tent of taking lifp, if necessary,
to accomplish their purpose, tnen the de
fendant and all members of the riotous as
semblage participating in the acts of vio
lence, although nut specifically the parties
to tho killing, aie guilty or murder of the
first decree. Because there Is the specific-
intent to take lire. It Is not necessary that
the intention should bo to take the life of
this deceased Connors, itis sufficient If the
intention be to take any life In the accom
plishment nfrthelr unlawful purpose. The
essential element, namely, the Intent to
take life, constituting murder of the first
degree is there, and this intent may
ho Inferred from all the facts and
circumstances in the case. If, however, the
Jury aie not satisfied beyond a reasonable
doubt that the intention to take life existed
in the minds or (he rioters, in the accom
plishment of their unlawful purpose, but
are still satisfied that the killing of Connors
was done by violence or the rioters, ol whom
tho defendant Critchlow was one. in the
course of the riot which unquestionably
took place on the day or the killing, and the
jury should believe that the riot was inau
gurated anu exisiea lor tne purpose of un
lawfully by violence preventing theso men
on tho barges from landing and entering
the works, and in tho consummation Con
nors was killed, the defendant and all par
ticlpants are guilty of murder of the second
degiee.
A Possibility of Manslaughter.
The malice in law Is implied by the illegal
and riotous attack, and even if tho killing
was done in the heat of the combat, by rea
son of the illezni attempt by force to pre
vent the lauding of the men from the
barges and drive them from their employ
ment, under such circumstances the law
will not allow the defendant and'his iellow
rioters to protect themselves under the
principle which ordinarily reduces the crime
irom mnrdcr to manslaughter.
If, however, tho Jury, while satisfied that
tho killing was done by tho rioters, of whom
the defendant was one in the prosecution of
their unlawful purpose, still are convinced
that there was no malice on the part of the
rioters; that the killing was done in tho heat
of the combat nnd under great provocation,
the crime may be manslaughter and such
may be your verdict: that is, guilty of "volun
tary manslaughter. But if the jury believe
tho theory or the defense, as heretofore
stated, that be did not participate in the
riot or in the manner as claimed then your
verdict should be not guilty. As to this de
lense of alibi, about which I promised to say
something, my instructions ns to that line
of defense are bettor expressed in an au
thority, a part of which was read
to-day in your hearing, but which I
desire to read entire and say to
you that these words 'contain my instruc
tions upon that defense, namely, alibi. This
is a deienso which, when sttisfactorily laid
out, necessarily overturns tho strongest cir
cumstantial evidence, and it in sometimes
the only available defense to an innocent
man. Hut in every case where the defense
of alibi is, resorted to, it should be very
closely scrutinized, for the reasons so forc
ibly expressed by an eminent Judge: "It is a
delense often attempted by contrivance,
subornation orperjury. Tho proof, tliciefore,
offered to sustain it Is to be subjected to a
rigid scrutiny, because, without attempting
to confess or rebut the evidence of facts
sustained in the charge, it httempts toprovo
affirmatively another fact wholly incon
sistent with It, and this defense is equally
available if satisfactorily established, to
avoid the force of positive as of circumstan
tial evidence. In the conflict of evidence
w hatever tends to support the one tends in
the same degree to rebut and Overflow the
other, and it is for the jury to decide where
the truth lies.
The Judges of tho Witnesses.
Now, gentlemen', yon will carefully con
slder all the facts and circumstances of the
case. You will weigh all of the testimony:
you are the sole judges of "the credibility
of the witnesses whom you have seen upon
the stand and observe tnelr manner. And
in case of contradictory statements from
witnesses yon will decide which statements
are true and which witnesses aro truthful.
In deciding upon any material part of the
ca8eltlstho duty of the Jury to give the
prisoner the benefit or any reasonable doubt
arising out of the evidence which Dievonts
them irom coming to a satisfactory con
clusion. But It must ho a reasonable doubt
fairly arising out of the evidence, not simply
landed or conjuied up: as ban been
said, a Jury must not raise a fanciful
doubt, or Ingenious doubt, to escape the
consequences of an unpleasant verdict. In
making up your verdict yon will consider
only the facts and circumstances of the case
as developed by tho testimony, without re-gard-xo
whnt your personal views may bo hi
relation to the matter, or whether you ap
prove of the law of the case or not. Itis
your duty to enforco the law and suppress
lawlessness, and your verdict must depend
upon tho legal evidence uninfluenced by any
fear, favor, affection, personal Inclination,
wishes or sympathies, allot which must be
laid aside "by you. Nor are you to be de
terred nrfrigntcned from doing yonr duty
by tho consequences or your verdict? Theso
consequences aie not yours, they follow the
crime. You do not pronounce tue sentence;
that belongs to the Court. You only
find a truo and honest verdict. The law
has made murder a crimo, and you nre
sworn to obey and enforce the law. The
duty you havo to perlcyin is a most im
portant and solomn one. 1 A human life has
ceen taken, and it is yourlduty to determine
what participation, if any. the defendant
had in its taking, and what his guilt.
Yon will take the case gentlemen nni ren
der such verdict ns will satisfy your own
conscience under your oaths, doing justice
to the Commonwealth as well as to tho pris
oner atthe bar.
JUBILANT MILL MEN.
The Idle and Employed "Workmen at
Homestead "Walt Expectantly for tho
Verdict of the Jury in the Trial of Syl
vester Critchlow.
The all-absorbing topio of discussion yes
terday at Homestead, both among the idle
and employed mill workers, was the trial
of Sylvester Critchlow. There seemed to
be a general feeling of fear that ho
would not be -acquitted, and to-night
the men are jubilant over .the verdict! As
soon as the report came that the jury was
ont the men congregated abont the various
points of communication .with the city
and anxiously waited to bear their. fellow
workman's fate.
A cheer loud and exultant went up when
the verdict was learned, but no demonstra
tion followed. Many of the men'thoaght it
too good to be true, and they cougregated
about the Pittsburg, Virginia" and Charles
ton depot and waited for the arrival
of the evening train, thinking Critch
low would be on. board if the report
was correct. Nearly 1,000 people were at
the station, and when the news was con
firmed that Critchlow had ben acquitted
tbey began a search for him, and were
greatly disappointed when they learned
that he was still in fail. Soon" after the
crowd dispersed and went quietly to their
homes. ',
At the works only a few. applications
were made yesterday, and a few vacancies,
caused by non-unionists leaving, were tilled
by the old men. Many of 'the
strikers who were blacklisted or
received no encouragement from
Superintendent Schwab are seeking
employment elsewhere, and nearly every
ontgoing train takes some of them away.
It is an every day ocenrrence to
see household goods, the property
of non-union men, arriving in the
borough, which indicates that many
of them are here to stay. The mill both day
and night presents an old-time busy appear
ance and is running full, a fact no doubt
due to the return of many of the experi
enced workmen.
Many of the idle men are commencing to
criticise the action of the Amalgamated As
sociation, and say that the officers should
have called the strike ot? long ago, then
more men could have secured positions.
Daring the day 200 delegates to the Ameri
can Bottlers' Association visited the works.
(Trusses, Etc
Manufacturers or trusses, shoulder braces,
artificial limbs, etc Perfect fitting and a
superior quality our aim. J. W. Thompson,
of 23 years' experience, has charge of the
fitting department. Always open Saturday
evening. Artiticial Limb Mpo. Co.,
909 Penn, near Ninth, Pittsburg.
Klebers' Pianos in the Lead.
Bayers Prefer to Deal at Klebers'.
Fifteen pianos and organs sold already
(Stelnways, Conovers, Operas) for Christ
mas gifts at Klebers'. Save money and buy
at Klebers', 806 Wood street.
Don't forget 608 Wood street.
HEAL ESTATE SWINGS BANE, LUX,
401 Smtthflftld Street, Cor. Tourtn Avenue.
Capital, $100,000. Snrplus, $31,000.
Deposits of $1 nnd upward received and
interest allowed at per cent ra
Klebers' Pianos in the Lead.
Buyers Prefer to Deal at Klebers'.
Firteen pianos and organs sold already.
(Stelnways, Conovers, Operas) for Christ
mas gifts at Klebers'. Save money and buy
at Klebers', 506 Wood street.
Don't forget 606 Wood street.
850,000 "Worth of Diamonds.
If you buy your diamonds from roe yon
will find tho largest selection and best qual
ity to ba had for the money. Sold loose or
mounted. Cash or credit. Sam. F. Sipe,
wholesale and retail. Dispatch building.
Db. JohH Coofek, Jr. Ear, nose, throatand
chest diseases. Office Westinghonee build
ing, Pittsburg, Pa. Uonrs 11 a. m. to 1 r. ii
WALL PAPER.
New designs and colorings received dally.
Choice patterns at 20c, 25c and 33c.
Cheaper papers Irom 5c, 8c, 10c, 15c.
Tarnished papers for kitchens and bath
rooms. Tile Hearths from ?5c up. See them.
J. KERWIN MILLER & CO.,
No. 513 Smithfleld Street.
OC27-TT3
BIBER & EAST0N.
SEASONABLE UNDERWEAR.
AT LOW PRICES.
FOR WOMEN.
White Merino Tests and
Pants at 40c a garment.
Camel Hair Tests and
Pants "at 60c each.
White Persian Fleeoe
Tc-ts and Pants at$l each.
Ulbbed Underwear in
White and Natural at 75o
LADIES' and $1 a garment.
Extra sizes nnd qnallty
FINE for stout women, $1 JO.
Clack Underwear, very
UNDEBWEAE cheap and perfectly fast
$1. $1.25.
AT UlacK Equestrian Tights
the Direction or comiort,
SPECIAL 50c, $1.25 and up. .
Kibbed Baibriggan v -st'S,
LOW PRICES, long sleeves $1.
Low and liign necK,
Sleeveless 75c
Swi.-s Ribbed Tests, low
neck, sleeveless, $1 grade
reduced to 50e.
HIjIi Neck and Ribbed
Arm Medium Weight T'sts
reduced from $1.25 to 75c.
POR CHILDREN.
An immense variety in
Heavy Cotton, Cashmero
and Merino Underwear
and Hosiery tor children,
Missesand large boys from
low to line grades at re
duced prices.
FOR
CHILDREN.
MEN'S UNDERWEAR.
Heavy Random Mixed
Shirts and Dinwers, 60?.
White Merino Shirts,
French necK and ribbed
skirt, 50c.
Ribbed Merino Tests
(special), Mc.
Scarlet Wool Shirts and
Drawers, worth $1 25, re
duced to $lench.
Extra Natural Wool and
Camel Hair Shirts and
Drawers now $1 each.
Extra grade Camel Hair
Underwear, unshrinkable,
very soft, warm and
shapely, special price, $1
each.
See our Chest Shield Un
doruenr in white, Scotch
.....1 .mLlnf nrnnl Tllft flhlrt
MEN'S
MEDIUM
AND
HEATT
UNDERWEAli
AND
HOSIER!.
A
NEW
IDEA
FOR
MEN.
o liens in back and is double
both front and back. The
drawers aro double from
waist to seat, thus entire
suit giving absolute protec
tion against cold. Price,
$2 00 each garment.
BIBER & EASTON.
105 AND 507 MABKBT SH
no20
WEDDING INVITATIONS,
CALLING CAKDS,
FINE STATIONERY.
W.V. DERMITT&CO.,
Engravers, Printers, Stationers,
Law Blank Publishers, ,
710 Grant street andJ9 Sixth avenne.
TTSU
NEW ADVERTISEMENTS.
r
Tne Leading Pitts Durg, Pa
Dry Goods House. Thursday, Not. 31,1391.
JQ5. HQRNE&GQ.'S
PENN AVE. STORES.
Store Closed
TO-DfirY
Thanksgiving Day.
flrll Ready
For the
ftolidays.
GRAND OPENING
TO-MORROW MORNING.
ttOLSDflrY
NOVELTIES.
The most extensive display ever attempt
ed by us in this department. A greater di
versity of lines and larger varieties in all
the various lines than can be seen in one
anr other collection In these cities.
To-morrow yon have a first view, bnt a
full view of those beautiful Christmas
Goods.
Make at once your selections for Christ
mas gifts. Don't put off coming until tho
great crowds of the last weeks ot the seixon.
BEGiu-rNG To-Moeeow CENTER OF
STOEE is orvEir to
FftNGY GOODS.
Quadruple Plate
Silver Goods:
Hair Brushes,
Hat Brushes,
Combs,
Mirrors,
"Whisk Brooms,
Cologne Bottles,
Powder Bottles,
Perfume Bottles,
Penknives,
Card Cases,
Puff Boxes,
Soap Boxes,
Pincushions,
Lavatory Sets,
Manicure Sets,
Inkstands,
Infant Sets,
Bon Bon Dishes,
Trays,
Book Markc
Solid Sterling
Silver Goods.
Lace Pins,
Hat Pins,
Hair Pins,
Chatelaines,
Glove Buttoners,
Boot Buttoners,
Manicure Sets,
Butter Plates,
Spoons,
Bon Bon Trays,
Hair Brushes,
Combs,
Military Brushes,
Mirrors,
Powder Boxes,
Soap Boxes,
I'.in Chains,
Key Chains,
Hair Ornaments,
Hair Comb3,
Purses,
Penknives,
Scissors,
Book Marks,
Card Trays,
Salt Sets,
Pin Trays,
Vinaigrettes,
Cloth Brushes,
"Whisk Brooms,
Velvet Brushes,
Match Boxes,
Stamp Boxes,
Baby Sets,
Key Rings,
Necklaces,
Bracelets.
Xeck Chains,
Both the plated and solid silver iroods
come in bright or satin finish, reponssa and
bright cut.
Fancy Leather
Novelties, Plain or
Metal Mounted.
(Solid or Plated Silver.)
Pocketbooks, Cigar Cases,
Card Cases, "Writing Tablets,
Bill Books, Music Rolls,
Purses, Spectacle Cases,
Handkerchief Boxes. Glove Boxes.
Chatelaine Bags, Shopping Bags,
Collar and Cult iioie,
In Seal, Calf, Russian Leather, Moroeeo,
English Grain, Alligator, Crocodile, Lizard
and other fancy leathers.
Novelty Art Goods.
Satin, Celluloid, Chamois and Kid, hand
painted and finished in highest style of art.
Handkerchief Boxes, Glove Boxes,
Photograph Cases, Jewel Cases,
"Writing Cases, Penwipers,
"Wall Pockets, Catchalls.
Pincushions, Courtplaster Cases,
Laundry List, Button Boxes,
Photograph Easels, "Whisk Holders,
Hairpin Boxes, Sachet Boxes,
Pincnsions, Magazine Covers,
Needle Cases, Etching Books,
Toilet Sets, Tidies.
And an endless variety of useful and or
namental articles, every one suitable as a
gift to somebody.
v The other great departments will be told
of to-morrow.
STORE OPEN TO-MORROW.
JOS. HORNE & CO.,
609-621 PENN AVE.
noOt
II
BODY
BRUSSELS
CARPET
WORTH $1.35 TO $1.50.
SPECIAL SALE
CONTINUED ONE WEEK MORE.
6,000 yards Lowell, Bigelow and
Hartford makes Body Brussels, with
borders to match,at $i a yard. These
are full rolls and sell at $1.35 to
$1.50 a yard, but the patterns in this
special lot will not be reproduced
next season.
4,000 yards of a better grade at
gi.15 choice patterns.
10,000 yards Tapestry Brussels at
40c, 45c, 50c and 60c all one-third
below regular prices.
EDWARD
GROETZINGER,
627 AND 629 PENN. AVE.. .
noW-rmn
1.00.
-FOR-
.ac-fcTw3t . .- 'JHv. . -- .mV . " .i-L.
MmtMgl
-tfcm