The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-11-24


| are principals when killing is in pursuance of
| common design. When divers persOns,n says
| Hawkins "resove generally to resist all oppos.
| ers in the commission Of n breach of the peace,
and to execute II in such manner us natur.
ally tends to raise tumults and aflrays, and in
so doing happen to kill a man, they are all
guilty Of murder. for they must at their peril
abide the event Of their actions who unlaw.
fully engage In such bold disturbances of the
public peace in opposition to- and defiance of,
the justice Of the nation"
No Private Prosecution.
"In this case" the district attorney
continued, "the witnesses are few and
the facts simple. do not expect that il
will occupy much of your time. You
must remember that we are not trying
any treason case, or anything that is
connected with Homestead. We are
simply trying Sylvester Critchlow for
the murder of T. 4. Connors, who was
killed in the barges at Homestead on
July g. The barges were there lawfully
and for peaceable purpose. Shots
were fired into the barge from mob on
the bank Of the river and a steel barri-
cade was built by the mob for their pro-
lection. We will show that Sylvester
Critchlow was behind the barricade
with a rifle shooting down TO the barges
within easy range of Connors and firing
in a direction he would likely hit Con-
nors.
"You must also remember, gentlemen,
that the commonwealth of Pennsylvania
is the prosecutor and Sylvester Critch-
low the defendant. There is no private
prosecutor here. The case will be prose-
cuted by public officials and no one else
will no II tN inf
sci may appear in the case, but they will
be in subordination to the district attor-
ney. You will give the defendant the
benefit of any reasonable doubt, but that
does not mean an unreasonable doubt.
We are here to investigate this case
truthfully, as we are sworn to do. and if
the evidence shows Sylvester Critchlow
guiltless, ] will ask no more pleasant
duty than to request you to acquit him.
But If the evidence is the other way, it
is my duty TO argue for a conviction and
| will not shirk it. II is your duty to
hear the evidence, the law and charge
Of the court, and then find true and
honest verdict.
Taking tn. Testim ony.
DR.. McKennan and Superintendent w.
A. COwan, of the West Penn hospital,
testified to Connors' death after he had
been brought from Homestead on the
evening Of July 6. II was caused by a
gunshOt wound which severed the main
artery in the right arm. The Rev.
Father Leonard Lynch, a German Catho-
lie priest, of st. PhilOmena's church,
who affirmed instead of taking the
usual oath, who administered tho Last
rights Of the church to ConnOrs, testified
a NJ M Il
and described his wound.
Captain John w. Cooper. of the Pink
erton force, Tetold the oft-repeated story
of the battle of the barges, as it was
viewed from the barges. He described
ConnOrs' position when wounded ana
fixed the hour. This was the most inn
portant point in his evidence, as it will
be followed up by witnesses who saw
Critchlow at that time firing toward the
barges in direction he would have been
likely to hit Connors. This is one of
the strongest points the prosecution has
against any of the Homestead men, it
is said, leaving out riot and general
shooting. Some points of Captain
Cooper's testimony will be attacked by
the defense both on discrimination
and by witnesses.
Saturday Session of Court.
His examination was finished when
court adjourned and he will be in the
hands of the attorneys for the defense at
0:3O o'clock this morning 1t is not
usual to hold court on Saturday, but
there is desire to finish the case as soon
as possible, so that the jury may not be
tied up too long. They will be as prisoners
until they reach verdict.
With reference TO Attorney Brennen's
motion to quash the indictment, both
Sheriff McCleary and Judge Slagle deny
that the slips, even if folded differently,
as stated, could be selected with an inn
proper motive, as the sheriff, who draws
the names from the wheel, did not know
anything about the folding.
John Clifford will be placed on trial as
soon as the Critchlow caseis ended He
is also charged with the murder of Con
nors and on that indictment he is on the
list TO be tried if the Critchlow verdict is
rot such as to cause the commonwealth
70 try him for the murder of Captain +,
w Hinde or Silas WAYNE, for whose
killing Critchlow and the rest ara also