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

report l believe to have been substantially
correct have prepared my decision. how
ever. and will read the grounds on which
have based It."
The Judge then read tho following:
havo endeavored to give this application
the consideration that its importance de-
mands. Tho 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 q The right to BIO ad-
mitted to bail is constitutional right. and
not dependent on the discretion OF court. The
constitutional provision is that all persons
snail DO batlable by sufficient surety. unless
Tor capital offences. when the proof is evident
or presumption great This information
charges murder. The petitioners to be ad.
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 docs not
appear that defendant is guilty Of murder Of
the FIRST degree he is entitled to bail"
lhave indicated heretofore the RESPONSE
bilitv OF those who actively and those who idly
participate In mob violence. need not say
any moro In this application than this: That
although the 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 q. at . 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 the barRes took place.
Wnen some shots wero fired from tho shore
ts ny tn: msp on tho n hs
barge. with whose murder tho defendants are
CHARGED n by the Information upon which they
Of the morning continued with Increased vim
vlndictiyeness and devilsh malcnity on the
mates OF tho barges took place some time in
the evening;
tho defendant. whatever his real connection
with the riot may eventually appear to bc was
% S9s an ftye il the a.
able ais ground and to say that he was in sympathy
parent effort at the outset to suppress the riot.
For tho sake Of intelligent humanity in the
sents his case for final judgment that he may
BE- be shown n to be neither morally no, Legally la
ment OF the law or its obligations and his own
duty as law hiding citizen and the chief ad-
mmMTnli tyor =, ,.;. , A., ,,,,
der in The first degree, deem It my duty to
admit tho prisoner to bail. fixing tho amount
thei eVi " COIIesluluu WIN inc Case. WHICH mas
within its possibility. as it now stands. u con-
viction Of murder Of the second degree. The
bail to be furnished in each case to be SlO.-
During tho reading of the opinion there was
absolute silence in the crowd. The four pris-
word When it was finished ODonnelrs face
broke into smile. and he appearsd about to
Attorney announced that he was willing to let
yer G1s IL il I'll SsssSys sH% ssd
sSS q 5" " .S sSs
one appeared for ,Foy until after court ad-
n. ltwas too late. and it was announced TINT
Fog would have to stay in jail until m orning;
Court House Whom 2s BOND w was signed and
he he was vas; told that he might 60. he arose from
ns m bs AND W Sm
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 |
GERS. and finding ecress th there shut Hs OUT . they they
made a rush for the, corridors Arriving
they astsd ii t eon court The p
slaves had anticipated such a move. and at
once one MT f mn1n an IDEA to thwaEt the enthns.
down to tho Bridge of Signs" and thus the
immersion, was thrown out that he. would re-
turn 10 )al DelOre appearing on tho street. |
The crowd rushed pel nell out OF the Court
House over TO, the Jail entrance. and there
they waited. The ssemblage received large
number Of recruits from passers by. and in llf-
teen minutes 800 men and not a few women
and children pushed and showed each other
in their anxiety to gain a position OF advan-
taGc. few. however. saw the ruse Mt once.
and upon leaving the court took up their po.
81 lon at tho Grant street entrance. They had |
not very long to wait. for in a few moments |
oDonnell came down the elevator and wa KIDD
out to Grant street. He had crossed tho bridge.
and as he emerged from the tall gray build. |
ing shout went up from hundred throats.
and there was u rush to shake hands with him
He passed on unmindful of the ovation.
. In company with several friends ha took a
hack and went to a natntorium. where all took
Il bath. O'Donnell was like II schuolboy. He
dived and splashcd and shouted and showed
II many Other ways his keen enjoyment. From
the Merchants Hotel. opposite the baltimore
and Ohio station. just rs the 12:O5 o'clock
train for Homestead drew out Of the station
the party made rush for it, and in this way
esca med public notice =,