The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-07-26

report believe to have been substantially
correct 1have prepared my decision. how
ever. and will read the grounds on which
have based IT,"
The Judge then read tho following;
1havo endeavored to give this application
the consideration that its importance de-
mands. The defendants havo been called
upon to answer the charge OF murder growing
out OF the destruction OF life by mob violence
at homestead on July u Tho right to be ad-
mitted to bail Is n constitutional right, and
not dependent on the discretion OF court Tho
constitutional provision is that all persons
shall be bailablo by sufficient surety. unless
for capital offences. when the proof is evident
or presumption great This information
charges murder The petitioners to be adj
mitted to bail deny guilt Any unlawful kill
Ing. by the laws Of Pennsylvania to rise above
murder In the second degree. must appear or
be shown to be wilful. deliberate. or pre-
meditated killing. with malice aforethought.
SO that where in all the testimony 1t does not
appear that defendant is guilty Of murder OF
tho first degree he Is entitled to bnil"
lhave indicated heretofore the RESPONSE
bilitv OF those who actively and those who Idly
participate In mob violence. I need not say
any more In this application than this: That
although tho disorder and lawless condition
OF the community had continued for some
time. and the rights Of property and OF per-
sonal liberty had been wantonly invaded. no
destruction Of life had taken place until the
morning of July @. at 2 or 3 o'clock. when the
mon on the barges ran out their gang plank
and struggle between the contending parties
from the shore and tho barGes took place.
when some shots were fired from the shore
and returned by the men on the barges. At
barge. with whose murder the defendants are
charged by the Information upon which they
ere IT. present held n prison. This outbreak 6 ,n
vindictiyencss and levilish NAL entity on the
Part OF the mob until tho surrender Of the in
ma OF mo oarges took place some time IN
- think the evidence produced shows that
with the riot may eventually appear to he was
which Kline was Killed But there is rsason:
looker-on. who stood idly BY and made no ap-
For tho sake Of intoiI isys humanity in the
walks Of labor hope when the defendant pre-.
sents his case for final Judgment that he may
mon through misguided or a mistaken judy
duty as law abiding citizen and the chief ad-
wiser OF the DISTURBED and agitatsd COM
Under my view. and tho proofs which have
been furnished to make evident guilt Of muir
der in the first degree, ! deem It my duty to
thereof to correspond with the case which has
within its possi blity. as it now stands. u CON
U01." - 20 'O'" 's"'o III '"'" 'A'' - 70 S-"
During tho reading of the opiniion there was
oners loaned forward anxiously to catch every
word When it was finished O'Donnell's face
be ready to jump up and shout. The District
Attorney announced that he was willing to let
al the other cases go under the same ruling.
NJ ia 10 Of IN rAF r ~ n
yer Cox for the prisoners M MATHEW Wess and
Owen Owen Murphy, both Q; Pittsburgh: became
John +. Hill Of HOMESTEAD for Allen. and ey-
Alderman schat1er Of Allegheny for loss No
Fog would have 10 stay in jail until morning;
Court House When his bond was signed and
he was told that he night go. he arose from
'ns sbaf and Wb 5m hs
who had succeeded in passing the officer at
the entrance to the bar: surrounded him and
the two or three hundred persons who crowded
the lobby attempted to force their way beyond
ndns thea shut they
# the tsd doc, IF the court bs n
slaves had anticipated such move. and ut
once hit upon an idea to thwart the enthusi-
down to tho Bridge of Signs" and thus the
impression was thrown out that he would re-
turn to Jail before appearing on the street.
The crowd rushed pell nell out OF the Court
House over to, the Jail entrance. and there
they waited. The as sem blage received u large
number Of recruits from passers by. and in NJ
teen minutes 300 men and not few women
and children pushed and showed each other
In their anxiety t" gain a position OF advan-
taGe. few. however. saw the ruse Mt once.
and upon leaving the court took up their pc:
si;lon at the Grant street ent rance. They had
not very long to wait for in II few moments
VDonnell came down the elevator and wa TX ed
out to Grant street. lie had ssed tho bridge.
and as he emerged from the tall gray build
ing IA shout went UP from II hundred Threats.
and there was rush to shake hands with him.
He passed on unmindful of the ovation.
In company with several friends h. took a
hack and went to a natntorum. where all took
Il bath. ODonnell was like II schuolbov. He
dved and spashed and shouted and showed
IN many other ways his keen enJoyment. From
the natatorium the four mon wer. driven to
the Merchants Hotel. opposite the Baltimore
and Ohio station. just rs the l2:05 o'clock
train for Homestead drow out Of the station
the party made rush for it. and in this way
escaped public notice.