Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-09-21

but the witness did not know the circum-
stances under which he got it. He heard a
man say "shoot the ----o or they
will make break"
WASN'T it O'Donnell who said that?"
Captain Breck asked.
| stNo; Dick Scott" the witness replied.
On cross-examination the witness said he
heard Mr. O'Donnell make his speech and
advise the men that the Pinkertons be al.
lowed to go.
Harvey Richardson, steel worker, was
on the ground during the riot He stated
that the men were firing guns and that
O'Donnell was among them.
AT this point Captain Breck read the tes-
timony of Steven Hill taken at former
hearing.
j. A. Tanner. former reporter of THE
| DISPATCH, stated that an article which he
wrote on the work of the Advisory Board
| had been furnished him by O'Donnell. In
regard to the alleged dsbandment of the
| board. he asked O'Donnell if it was not a
! "bluff. " The latter replied that the news
paper men would get all the news. Tanner
said meetings had been held after the
board was said to have been disbanded.
Attorney Breck here started to close, but
Judge Porter said: "Mr. Breck, you have
failed to show one point that you are re-
quired to prove"
"What is that?''
"You have failed to show that Klein is
dead
Attorney Cox said the defense would ad-
NIT the death. and the Judge directed that
1t be placed in evidence that Klein died in
Pittsburg from gunshot wounds received ON
the boat.
Pleading for Liberty.
Mr.. Cox then. began his address to the
Court in behalf Of Mr. O'DonnelL In the
Connors case he said the defense almost ad-
mitted the killing in order to bring out all
the testimony, and he did not think the ad-
ditional evidence offered in the Klein case
reinforced the prosecution. He took up
the origin of the fight and the organization
of the Advisory Board, which he said was
legalized body and could not be considered
a conspiracy. a
"You need not discuss that" Judge For
ter said.
''Your Honor admits it?''
eyes"
"Then all the evidence is that from July
/ to July 5 the actions of the Advisory
Board were of a peaceful character" Mr.
Cox went on.
"Do you mean to say that the turning
an outrageous piece of disorder" Judge
Porter said.
Mr.. Cox said he did not defend that ac-
tion. Those who were members of the
crowd were highly culpable, but he con-
tended Mr.. O'Donnell could not be held re-
sponsible. He discussed the legal right of
the men to have and use signal for the
purpose of notifying everyone of the ap-
proach of non-union men. Nh Cox cited
several cases in support Of his position and
continued: 81 believe it was the duty of the
Pinkertons to have retreated when they
saw an armed force on shore. They had no
right to force a landing to the extent of
precipitatIng bloodshed.
Court here took recess until o'clock,
when Mr. Cox continued his address. He
took the position that it was necessary for
the Commonwealth to show a specific intent
to murder. sit must be shown" he said,
"that the Advisory Board conspired to kill,
and that O'Donnell was one of the conspir-
ators, and that he was an actual participant
in the murder of Detective Klein.
Mr. Cox then paid a high tribute to
O'Donnell's bravery, pleading with the men
to allow the Pinkerton men to leave the
boat without being compelled to run the
gauntlet, in the face of the fact that so high an
official as President Weihe, of the Amalga-
mated Association, had been accused by
some, of going to Homestead with his
pockets filled with the dollars of the Car
negie Company tor the purpose of etfecting
the release of the Pinkertons.
The Points at Issue.
Judge Porter here laid down what he
considered the points in the case, as fol-
lows:
"Was there a combination or con-
spiracy?" "Was it their intent to commit
murder?" "Was the defendant member
of the combination?''
d. F. Patterson then spoke for the prose-
cution. He addressed the Court for nearly
two hours. He spoke first of the Courts
duty in the premises He said he thought
O'Donnell's case before Judge Magee had
been decided by the Court on evidence that
was entirely foreign to the present case
He thought there was additional and very
serious evidence in this issue. He read
various sections from an opinion of Judge
Hawkins bearing on the liabilities of indl-
viduals as parties to mob.
Mr.. Patterson called attention to the fact
that Mr.. O'Donnell was Chairman of the
Advisory Board and Press Committees of
the strikers, and that he had given out to
several newspaper correspondents the fact
that they had regularly equipped military
organization for the purpose of guarding all
the highways leading to the mill He drew
the inference that the disappearance of
O'Donnell on the morning when it was first
reported that non-union men were coming
over the B. & o. road, that the signal
which brought out the mob was sounded by
the defendant or other members of the
board.
Mr.. Patterson reviewed the evidence
from the morning OF the 9th of July and re-
cited all the incidents with which the de-
tendant was identified. He pictured the
various violent assemblages, and said that,
although O'Donnell was present. there was
not word of evidence to show that he had