Grand Rapids herald., 1892-07-21
HE'S OUT On BAIL
McLuckie Released on a $lo.-
600 Bond.
DECISION OF JUDGE MAGEE
He Cannot Be Convictes of Murder in The
First Degree-ts Does Not
Affect the Oshss.

IuGhlc Has DSc4 lciC&Sc0 VA s-Nse~~
bail, but the decision in this eass will
not oppiy to Hugh 0Donnell and the
rest OF the strikers for whom warrants
have been issued, but who have failed
to surrender. and all Of them will bs
compelled to take their innings before
the oourt. Judge Msgee's court
room was crowded 10 the
corridor this morning by labor
ing men of this clty and Home
stead, and Burgess McLuckie, who was
placed in the prisoners box, held come
thing approaching levee until Judge
Magee, VINO was accompanied by Judge
Porter, took his seat upon the bench.
IL had been anticipated that counsel
for the Carnegies would resist
the application 10 give McLuckie
his liberty and there were
consequently many murmurs OF sur
prise when District Attorney Burleigh
arose and said that, having carefully
gone through the evidence with the
associate counsel for the state, ne con-
ceded that McLuckie Was entitled TO MS
liberty.
Guilty of Riot.
Inasmuch, however, as the offense
was one OF considerable gravity and In
view OF the present situation IN the
locality, he felt justified IN asking that
bail should be ample.
~ have carefully looked into this
matter" replied Judge Magee, land l
do not consider that you can make 1t q
case of murder in the first degree.
But the law, as read 1t, makes every
one who stands idly by during riot,
without making al effort to suppress it,
guilty of not and q rloter, and ne be-
comes responsible for the consequences,
whether they be destructive OF property
or life. Where life is destroyed, he be-
comes answerabIe in the degree OF kill
ing to be determined by law, whether
it be first or second degree. Blu. if the
commonwealth wishes to make any OF
these cases those Of the first degree, it
will have TO show willful premedita-
ton.
Zach Case Must stand ON its Merits.
On behalf of the defense Attorney
Cox suggested that the decision in Nc
Luckie's case should govern all the
rest of the accused men in order that
they might surrender and give bail.
Neither the district attorney nor the
Judge, however, was willing to concede
this much The former said that the
orher men were so far fugitives from
justice while the court held that all
the cases might not be alike.
Suppose" he said, "that any OF
these people got into trees as sharp
shooters and picked OF their men with
deliberation. would they be entitled
to any consideration in the matter OF
bail? l think not"
"All the men for whom warrants are
ont are ready to surrender and give
bail, suggested Attorney Cox.
ssThe court can consider no case that
is not before it," said the Judge per-
emptorily, and that ended the matter.
Bondsmen Present.
McLuckie's bail was fixed at $40, 900.
Owen Murphy and Oliver G. klnton,
two residents of Homestead, qualified,
after being put through rigid examin-
alton by the district attorney, and
McLuckie was then released. The
crowd flied out of the court room and
give him . cheer IS he hurried away
TO catch the first train for Home
stead. In an interview with Attorney
Brennan he said that warrants would
be issued very soon for the arrest of
Frick and Lovejoy. They will be pros
ecuted. He did not say what would be
done about Andrew Carnegie. IL Is
not thought that Frick and Lovejoy
will be arrested today.
Hugh O'Donnell and the other men
for whom warrants have been issued
have decided TO surrender this after
noon. Bondsmen are now being
sought. It is possible. however, that
they may be compelled to remain over
night IN Jail.
Attorneys Cox and Brennan sent
word out to Homestead this afternoon
that all the men tor whom warrants
are out should come to town In the
morning and waive hearing before Aid.
erman McMasters. They will then be
taken into court and the bail fixed in
each case.
MeLuckie . Eero,
Burgess McLuckie was the hero OF
the day IN Homestead. HIS admission
TO bail 10 looked on as victory by the
strikers. To say that the members OF
the advisory committee are pleased but
poorly expresses their feeling. Not
w1thstanding the fact that the de-
csion OF Judge Msgee does not apply to
the cases Of the other men accused
of murder, the strike leaders take it
for granted that 1t does. They seem
| earnest in their assertions that the Car.
| negIe company made the charges to se.
cure the removal of the leaders from
Homestead in order that the backbone
of the strike might be broken, and they
maintain that their success is more
assured than ever by the decision In the
McLuekle case.
| RThe relief committee of the Anal
gsmsted association vas besieged this
morning long before the door of their
room wss opened by q crowd of Ital-
isns, Hungsrians and Germans, en-.
| deavoring To octain admittance. These
men we're day lsborers, and three
weeks ldlensss has reduced them 10 q
/ condition where assistance must be ex-
/ tended.