Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-09-06
A BIG TERM OF COURT.
Getting Ready to Try the Homestead
Riot and Murder Cases.
ANARCHIST BERKMAN INDICTED.
Six Serious Charges Found Against Him by
the Grand Jury.
THE NEWS OF THE COUNTY COURTS

Notwithstanding the fact that yesterday
was legal holiday, there convened wha
| is probably destined to be one of the mos
important sessions of Criminal Court evel
held in Allegheny county. AT this tern
the famous Homestead cases will come tc
trial, and it is the opinion of lawyers thai
the decisions which will be rendered will
form legal precedents as to what
constitutes conspiracy and riot and
in some degree settle the rela
tions of employers and employees
in time of strikes. While the grand jury
is passing on indictments presented before
not admitted to bail will be tried, and as
the defendants in all the Homestead cases
are out on bail they will not be reached for
some weeks yet
1t Is the practice in this county for the
judges of Common Pleas Courts Nos 1,
and to sit alternately in criminal session,
and following that rotation Judge Ken
nedy, assisted by Judge McClung, opened
court yesterday and will preside at what
is destined to be an historic session.
Attachments to Be Issued for Jurors.
It was 10 o'clock when court convened.
The roll of traverse jurors was first called,
and although, as is always the case, many
wished to be excused, the requests were ig-
nored. Three of the jury, Frank Mitchell,
James Reilly and Daniel Schume, were ab-
sent, and attachments will issue to bring
them into court unless they appear this
morning.
Judge Kennedy ordered the roll of the
grand jury called Three were excused.
G. W. Berlin, Cashier of the Consolidated
Gas Company, was appointed foreman.
After the oath had been administered the
Judge proceeded to instruct the Jurors as to
their duties. After going over the usual
instructions as to the manner of conducting
the hearings and impressing them with the
fact that the secrets of the grand jury room
are to remain inviolate, he referred as fol-
lows to the Homestead cases:
As is well known to you, a riot occurred
within the limits of this county on the 9th
day of July last, in which property was de-
stroyed and lives lost at the hands of mob.
not only menaced but actually destroyed.
indictments will doubtless be presented to
you charging persons with participation in
that riot, and other ofenses growing out of
or resulting from it, together with evidence
in support of the same, which it will be your
duty to consider and properly pass upon and
dispose OF. He Is party to the riot who is
active either in doing or countenancing, or
supporting, or ready if necessary to support
the unlawful acts. Anyone who Joins the
rioters after they have actually commenced
is equally guilty as he had Joined with
them while assembling for the purpose, and
all persons who promote encourage and
take part in the riot, whether by words,
signs or gestures, or in any other manner
IN rad ,f~+
no afders or abettors in this offense: all con-
cerned in any way, as stated, are principals.
The Law in Pennsylvania.
Hawkins, an eminent authority on GRIM
inal law, says: "When rioters resolve
to resist, all opposers in the COM
mission of a breach of the peace and to ex-
ecute it i'll such manner as naturally tends
to raise tumults and trays and in SO doing
happen to kill a man, they are guilty OF
murder, for they meet at their peril, abide
the event of their action, who unla wfuIly en-
gage in such bold disturbances OF the peace"
This is undoubtedly the law in Pennsyl-
vania. We so instruct you and you will
make application of the doctrine in the
cases growing out of the recent riotous pro-
ceedings and disturbances which may be
brought before you. In dlsposing of these,
as we'll as all other cases, you will consider
out regard to what your personal views may
De in relation to the subject, and under no
will it be proper for the
grand jury to ignore q bill because they do
not approve of the law upon which it is
founded. 1t is your duty to enforce the laws
and suppress lawlessness, ana your findings
and determinations must depend upon the
legal evidence, uninfluenced by fear, favor,
hope OF personal advan tage, per-
sonal inclinations, wishes or sympathies, all
Of which must be by you laid aside
After the grand jury had retired to their
room the President Judge heard the returns
Of the several constables of the town.
ships.
True Bills Against Berkman.
The grand jury returned several trne
bills, the most important being against
Alexander Berkman, the assailant of Chair
nan II. C. Frick. The indictment con-
tained six counts, three of them for enter
ing building with intent to commit a
felony. 1t is charged that Berkman en-
.ered the building of the Carnegie Steel
Company three times for the purpose of
Killing Mr. Frick before he was able to
muster up courage to make the attempt.
Another count contained charge of felon-
ous assault and battery for shooting Chair
nan Frick, charge of felonious assault on
Mr. John G. A. Leishman ON the same
late and for carrying concealed weapons, a
'evolyer, knife and a dagger. The time
or the trial has not been fixed. Berkman
till adheres to his intention of defending
himself
-Four true bills for burglary were returned |
against Charles Havers, who assaulted a |
keeper and escaped from the workhouse. |
He is charged with robbing the houses of |
David Auberger, S. McGown, John Sadler |
md F. M. Herst. The other true bills
we're burglary and attempted burglary,
Frank Shay; entering building with in
ent to commit felony, William Foust;
arceny, William Hearter. Tobias Kestner,
Michael Myers, Pierce McCabe, George |
dcIsick 3, II. Robinson, John Aiken;
arceny by bailee, Charles Coyne; aggra-
1ated assault and battery, Patrick Connolly,
Andrew Krawsgky, Henry Palmer, Bar
para Werling; telonious assault, Charles |
borden, Albert Andrey, Frank Shay; point
ng firearms, Albert Mccoy; assault and
,attery, Alfred Deardon.
The ignored bills we're: Fraud, Thomas
Burns; misdemeanor, George Enkler;
Issault and battery, Michael Kawurch,
Annie Rupert, Kate Moran.