The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1892-07-21
NrLUCKIE OUT ON BAIL.

Tho judge Holds That He Should Not De
GsId for Murder In tn First Degree.
PITrsBuReH, Pa, July 20.-The sec
ond skirmish in the legal battle between
the Carnegie Steel Company and the
strikers was begun this morning before
Judge Magee, when the application for
the release of Burgess John McLuckie
was called up. There was large
crowd present, chiefly made up OF
Homestead people. Before court
opened there was a group OF three or
four men from Homestead on every
corner near the court house and these
men kept watch on Alderman -McMas-
ter's office, and especially on the move.
ments OF Constable Webber, who Is too
large to easily keep out OF sight. 1twas
rumored that in the crowd in the court,
were several of the men wanted by the
constables, but no one seemed to be
certain OF their identity.
Shortlyafter $3.50 o'clock Judge Magee
came into court and few minutes later
Messrs, Robb, Patterson and Beck,
counsel for the prosecution, arrived, fol-
lowed by Attorneys Cox and Brennan,
representing the defense.
Much to the disappointment OF the
crowd neither Ben Butler nor ex-Gov-
ernor Hoadley was present.
Attorney Cox soon came in and said
they had not yet decided about making
informations against the Carnegie OIL
cials and i1timated that they would not
BIZ made to-day.
Among those present from Home
stead were Messrs, Carney and Roberts
and other well-known workers. None
OF the Carnegie people were present
At 900 Mr.. Brennan again formally
presented the petition for the. release Of
MIR, McLuckie and the case was opened.
After listening to all the testimony
and addresses Judge Magse fixed the
amount of Burgess McLuckie's bail at
$4,000. Owen Murphy and o. O. Coon,
Of Homestead, went on the bond and
McLuckie was released.
Before granting bail judge Mageo
said: II have made it my business to
carefully go over this case, and unless
there was some good defense would
make it murder in the first degree. 1
wish to cay that the law makes every
man who stands idly by, without any
effort to suppress the rioting and dis.
order. guilty Of rioting. Such man is
reasonable for all the consequences Of
the disorder and rioting, either whether
such rioting results in the loss OF prop
erty or tho loss life. No matter what
tho result, every such man Is equally
guilty for such degree Of crime as the
facts and results warrant. This may be
murder in the first or second degree.
81 feel that in the case OF McLuckie
his crime, if any, does not reach that OF
murder in tho first degree and am there
fore glad there was no objection made
to his release on bail.
Mr.. Cox-I would like TO know what
disposition the court will make Of the
cases Of the other men for whom war
rants have been issued.
Mr.. BurleiCh-We cannot and will
not dispose of case OF a man who has
oyaded arrest and is in hiding.
Mr.. Cox-Well, they will all come in
and surrender II this matter Of bail Is
fixed.
that? Each case should be disposed OF.
Some OF these men may BIO guilty OF
murder in tho first degree, and If 80, no
bail should be taken. Thorc was riot
there, perhaps unjustiHable, but Ger
tainly some one was killed deliberately.
II man gets up tree and deliberately
kills man, az was done at Homestead,
no is guilty Of murder in the first de-
gree. Some OF these men may DO the
men who did this, II 1t was done.
These cases must be disposed OF through