Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-07-24

A. He was hit somewhere about the neck
I saw him fall and afterward saw hole in
his neck.
Q. How soon did he die after he dropped!
A. was too excited; cannot tell.
@. Did you hear an explosion of the can
non Immediately after he fellf
O. Where did it seem to be?
A. Cannot tell where it came from.
@. You heard the report?
A. Yes, but cannot tell where It was
O. How large was the hole in his neck2
A. They would not let me see it plain
Q. When did your other brother first see
him afterward7
A. do not remember.
9. Did you have doctor look at hiu'
9. Who was around there when your
brother was shot?
A. I have not been working very long in
the mill and do not know them.
Q. How far from the mill is it to where
your brother was shot?
A. We were away up in the mill.
9. DID you know where the barges were'
Q. Was he in line with the bargesf
A. Yes. sir.
At the conclusion of the taking of the
testimony. Judge Magee remarked that
there was no question as to the character of
the disturbance at Homestead on the morn
ing of July 6, "but," he continued, 81 can
not see that the prosecution has clearly
made the defendant participant"
Mr.. Robb Makes a Protest
This had the effect of conveying the idea
that O'Donnell was to be admitted to bail
Immediately, and MI. Robb jumped to his
feet and said: 'If Your Honor has that
opinion, want to say few words. We
think if we have made anything clear we
have made it clear that within two or
three minutes of the time when Connors
was killed -
Mr.. Brennen-There was not particle of
evidence produced here to-day as to the
killing Of Corners. You have only proven
the killing of Vain and Hines
Mr.. Rockwell, perhaps we did over
look that, but If the court has no objection
we can soon prove the killing of Connors.
Judge Magee offered no objection and Mr..
Robb called Captain Cooper, but there was
no response. He then called Nevin McCon-
nell, but still no response.
Several other witnesses were called, but
none OF them answered and then Mr.. Robb
proceeded: 'There can be no doubt that on
the morning of July 6 this defendant was on
the bank with the crowd, some of whom
were threatening to kill the Pinkertons if
they landed. For the purposes of the case
it doesn't make any difference who were on
the boat. They had right there. They
had right to pass up public thoroughfare
of the United States and of Pennsylvania,
and had right to land undisturbed. While
O'Donnell did not himself say anything, vet
he was in the crowd, and when the men
were told not to land under penalty of their
lives he offered no resistance
The Caution of the Commo N wealth.
"We argue from the conduct of O'Don-
nell that day that he was a part and parcel
of that mob and from the conduct of the
mob their intention was murder. 1t was a
murderous riot and everyone connected
with the riot is guilty Of murder Of the first
degree. The theory Of the prosecution is
that these murders were committed with
intent and O'Donnell was among
the murd srers when the crimes were COM
mitted."
Judge Magee-I take it from the evidence
that the spirit of O'Donnell was to put
down the disorder, and think some con-
sideration should be given this feature of
the case.
In support of this remark Judge Magee
read decision by Judge Rogers, which
seemed to overthrow the argument of Mr..
Robb.
John F. Cox then addressed the Court in
behalf of the defendant He said: "No
matter what conspiracy is attempted to be
proven against the Advisory Committee and
the Amalgamated Association, the men had
a perfect right to be on that property
up to the firing Of the guns on the bank of
the river. They had a right to put their
men at the gates of the mill. I submit it
as legal proposition that if it was their
intention only to use moral suasion to keep
other men from filling their places in the
mill they had perfect right there.
Mr. Patterson-I suppose they had Alright
to keep the deputy sheriffs out of the mill.
Mr.. Cox-They did not keep the sheriffs
'ut. By Mr. Cluley's own testimony they
assisted them to get away from town
lnharmed when It became apparent
hat they could not take the deputies into
he mill. And it is a ridiculous PROPOSE
ion to say that because some irresponsible
persons did shoot, that murder was designed
lp in that little room by the Advisory Com
nittee.
Ready to Furnish Heavy Bail.
Mr. Cox wound up by saying that no one
leplored the result of the riot more than |
he defendant, but that he was entirely in
locent, and could as easily furnish $50, 1000 |
,ail as 5 cents, if the Court would only
Indicate what bail would be required.
MI. Bremen then spoke for the defense,
aging first that the case seemed to narrow
lown to the proposition of the prosecution
hat there was design among the men to
,lIl, and continued that if there was no de-
ign O'Donnell should be admitted to bail
lie argued that the design of the men could
lot be arrived at by simply singing out one
nan who had warned the men not to come
fl the boat, or they would be shot.
''The man who said that was unarmed.
\ 1-n INl had L,l Ia I
ion would not have failed to prove it. We
ave seen O'Donnell in the testimony al
most every hour in the day. We have the
estimony of the men interested in swear
ng against him, and there is not a word or
ct produced calculated to implicate him in
ny criminal manner. These men were
respassers ami rioters, we admit, but not
lurderers. These defendants are here
harged with the murder of Co nnors, and
here is not particle of evidence that
,onnors was killed, but assuming that
e was there is no evidence
hat these men killed him. O'DounelPs
forts from the beginning to the end were in
he interest of peace and harmony. From
lorning until night he was on the side
law and order and should be admitted to
all"
The Court Reserves Its Decision.
Mr.. Patterson then made strong argu-
lent against the release of the defendant.
lie said: "O'Donnell is confessed leader
the Advisory Committee that was
uiding the conduct of the men in this
fair. He was among the men on the bank
lille the threats were made to the men
1 the barges, and there is not syllable of
that he was there for any other
urpose than the common design"
Mr. Rrennen-We havs M ri oht tn show |
hat he was there for.
Mr. Patterson-No matter what you have