Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-11-18
BOTH ARE SET FREE.
Not Enough Evidence to Convict
Aclen and Morris of the
MURDER OF JEREMIAH BUCKLEY.
The Insurance Case Still on Trial in the
Circuit Court.
DoINGS OF THOSE WHO SIT IN JUDGMENT

The Aclen-M Norris murder trial was COM
pleted in Criminal Court yesterday, the de-
PENDANTS being severally acquitted The
testimony at the morning session opened
with that of ''Frenchy" Jones, who said he
saw the shooting and got behind tree boxes,
but when District Attorney Burleigh asked
if he was quite sure that there were tree
boxes on that street the witness could not
reply Will Hunter also saw the shooting,
and said the strikers had often threatened
him.
DR. Chessrown, the Jail physician, testi-
fed to having ATTENDED Morris flesh and
scalp wounds ana Aclen's injured hand.
Aclen was himself put on the stand. His
testimony was much the same as that of
Morris In his cross-examination Attorney
Burleich asked him if he did not fire five or
six shots into the crowd. He replied tina;
carried a revolver the night before, saying
lie was afraid to 60 TO and from work with
ont one.
The testimony was all in before II O'Clock
ard Attorney Bremen addressed the jury
hctor. noon, making strong plea for the
conviction of Aclen at least.
Caused by the Strike.
John s Robb addressed the jury first for
the defense. He spoke for over ar hour,
dwelling particularly on the plea of self de-
fense set up. He reviewed the testimony
fully and asked for an acquittal
Attorney Marshall spoke next, referring
al length to the feeling that had been stirred
mp in Sharpsburg over the strike. On this
subject he said a sad condition of affairs had
arisen when a racial feeling should be toll
Grated that would excite riot and murder.
As to the part the people in the
saloon had played, Attorney Marshall said
they had exceeded their right when they
left their door to participate in the fight in
the street. He closed in his usual svmpa-
thetic manner, asking the jury to say that
Morris had nothing 20 do with the killing
of Buckley, and that if Acien did shoot he
did it in self-defense
District Attorney Burleigh made the
closing speech for the Commonwealth.
Taking up the subject of unionism that
seemed to crop out all through the case, he
said: 1--WE don't have one law in
this country for the black and an
other for the white; one for union
men and another for non-union.
The Commonwealth doesn't ask for the con-
victicn of anv man because he is a 'nigge.'
or black sheep. He then proceeded to
tear TO pieces" some of what he termed the
mythical pieces of defense set up by the
counsel for the defendants, concluding by
SAYING that the only effect they possibly
could have would be to cause doubt among
the iurvmen as to the real facts. He ad-
mitteG tha. there was some contradictory
evidence as to which of the colored men
had shot first, but in the main there was no
disputing the fact that both shot; that no
one else was found armed and that Buckley |
was killed.
Reviewing the Case.
He then reviewed the evidence from the |
time the colored men entered the saloon |
until the killing and Aclen's subsequent |
arrest in bed with his clothes on. Con- |
cluding, be said: ''This case is important. |
1t is not TO be settled on any question of |
sentiment. II you gentlemen can conclude |
by any legerdemain that these men were |
maligned and abused until they had to |
shoot in self-defense, then acquit them. |
But il you believe the euidence produced by
the Commonwealth you must convict them,
and 1 ask you to give verdict according to
the law and the evidence"
The courtroom was crowded to its utmost /
capacity during the arguments.
Judge Ewing commenced to charge the
jury at o'clock, describing first, the dif-
and the law bearing on them. Taxing up
the present issue he said that neither the
evidence of the Commonwealth nor defense
warranted a verdict of murder in either
the first or second degree.
''The question to be determined" said |
he, "is between manslaughter and acquittal.
The jury must not be contrslleg by public
feeling. The prejudiced hostility for and
against trade unionism cropped out in al
l,,+ |
must throw that aside. 1t is unfortunate
that the strike occurred, and the citizens of
Sharpsburg are not to he blamed for
being displeased at seeing their old
citizens displaced by new ones.
Taking up the question of self-defense,
His Honor said that a man had a right to
use deadly weapons in self-defense, but he
considered that good citizens did not need
TO carry them constantly. He thought
under the circumstaAc,s the defendants had
a right to be armed As 20 the facts in the
case, he said. nc could recall no homicide
case where ther' had been such a contradic-
tion. "Partisanship," he said, probably
explains pars of it; the fact that the trouble
occurred at night and in so short time e1-
plains the rest o. it. !"
Stein Partly Responsible.
The Court then reviewed the testimony in
detail. In doing so he said he considered
young Stein partially responsible for the
tragedy, because he had behaved badly in
the saloon and had no business to go out at
all. He created some amusement bv call
ing the iury's attention to the District At
torney's attempt to prove that during the
light six shots had been fired from Aclen
five-chambered revolver. On the whole, he
considered there was no testimony what
ever to show that Morris was guilty
of any crime, and it was a question as
10 whether Aclen fired the shot that killed
Buckley. If the jury was satisfied that he
did the next question was as to whether he
had Just cause for shooting, but in all
events the verdict could not be for murder
ID either first or second degree.
The jury left the room at 4:45, the Judge
saving be would wait an hour a verdict
During their absence a charge was made
against John Stein and Adam Hartman for
attempting to intimidate the witnesses for
the defense. They were given q hearing
and exonerated.
Among those who sat inside the railing,
was John Moorhead, of Moorhead Bros. &
Co., who remained to the last.
At 545 word came down from the jury
room that the verdict would be in in few
minutes Mr.. Robb, who in the meantime
had gone to his Office, was sent for and the
defendants who had been taken to Jail were
brought in. AT six o'clock the jury filed
into the court room and rendered the verdict !,
as above stated. The Court ordered the
of Aclen and Morris to take effect
this morning. Mr.. John Moorhead said
they would be taken back to work again In
the mill