The Red Cloud chief., 1892-12-02
ACQUITTED
Striker Critchlow Not Proven
Guilty Of Murder.
me Presiding Judges Definition of Riot
and Mrrder-Exceptiors Of Counse
The Defendant Held on .
charge OF Riot.


P~rrrsBUReH, Pa, Nov. M.-The trial
Of Sylvester C~ritchlow, shurged with
murder In connection with the Home
stead riot, was brought TO a close last
evening by the Jury bringing in q YER
dict Of acquittal. Owing to the hour
at which court convened there were
not many persons present when the
jury file In. The prisoner was not re-
leased. he having yet TO answer the
charge of riot.
When court convened yesterday At
torney Marshall delivered his address
FOR the defense. He was followed by
District Attorney Burlcigh, who closed
the case for the prosecution. During
his speech he said: "You must take
the law as the court will give 1t 10 you.
The defense states he was not on the mill
property that day. II this is true. why
In the NAM of common sense don't they
stand on that line? II this Is true, why
Is all this time wasted in talking about
an armed invasion OF the sacred soil;
why was the time taken to argue the
rights of labor? II Critchlow was not
there that day why need he care in his
defense to show who first fired the
they went outside Of the abb and at
tempted TO justify the murder, shows
that they have no weight in their plea
Of nlibi. II he was not there that day
why need he care who commenced the
trouble or who owned the property? II
he was not there he clearly Is not
guilty, and were this plea Of alibi hon
est they would stand on 1t alone.
~ say Critchlow was IN the mill yard
when Connor was shot. Six disinter-
cstcd witnesses swear the defendant
was In the mill yard that day with n
gun. II II vas Harrison C~ritchlow who
was In the mill yard that dry, and who
the defense says was mistaken for the
defendant, why did not they produce
him? Why did not they put him on
the stand and let him swear he was the
man who was mistaken for the defend
anti Had they done this we couldsp not
have gotten over It. IL would have
ended our case"
Mr.. Burleigh devoted over half an
hour 10 the question Of alibi and
claimed the witness for the defense who
attempted to prove an alibi had not
told the truth.
At the close of the district attorneys
address, Mr.. Erwin asked that the de-
Tense be allowed an exception to the
truthfulness of the following: THAT
the Pinkcrtons went under my sheriff
or officer; that Lovejoy or Potter had
any right to enter upon said property;
that the people opposing the landing
} were i'll advised; that they expected to
meet the sheriff by appointment and
we ask the court to so charge"
, Judge Kennedy, In his charge TO the
. jury, said: I'm answer to the request OF
, the counsel for the defense just as we
closed before recess, / will say, you
: must not take the statements Of coun-
I sci unless these statements are war
: ranted by the evidence"
: The court then defined murder and
Its various degrees and what constituted
each OF the grades. Referring to riot,
the Judge said: "A riot Is the tumnltuous
assembling OK three or more persons for
an unlawful purpose, and all persons
who are present and not attempting to
: suppress it are prima facie participants
and principals, and any m who joins
the rioters after they are assembled ID
equally guilty. There are no aiders Oh
I abettors; all are principals and all
guilty of the acts of such riots. When
killing Is done in pursuance of q com
mon design all are guilty of the murder.
( II there Is evidence that the rioters had
: determined to take life in order to carry
out their object all are guilty Of murder
| In the first degree.
III the jury be satisfied that the'de
PENDANT took part in the riot of July Q,
r which resulted in the death of I. ].
. Conner, and that 1t was the common in
tent OF such rioters to resist the land
= ing OF these men IN the barges to tn,
n extent Of taking life, then he is guilty
Of murder in the first degree, as are al
who took part in such riot II you be
lieve that there was no malice, that the
killing was done in the hcat of combat
8 then You convict him of manslaughter
4 II you believe these rioters met for
; common purpose, to resist this landing
but not the extent of taking life, theI
n verdict of murder in the second de
gree could be rendered."
+ The court then rendered the defini
ton OF alibi and the close ~scrutin,
which should be given to II "The dc
PENDANT is entitled to all ~reasonabl,
It doubt, u reasonable, fair doubt arising
It out Of the evidence submitted, not iron
p anything outside the case"
He closed at 1915 and the jury n
tired.
d ~Critchlow, however, was held on tn
r charge Of riot. He will probably b
70 granted bail to-day.
II