Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-11-23

portion of the morning session. The deien-
dant was the first witness called. He took
the stand with no evidence Of embarrsSs-
ment
You are the defendantp
eyes, sir"
'Did you fire firearm of any kind be-
tween Z so and $50 a. m, July 9th, this
year"
mo sir"
Were you on the company's ground be-
tween those hoursF
mo sir"
Did you fire any fire arms between
1880 and II M, or were you on the COM
pany's groundW
"No sir"
"Did you fire q gun or arm Of any kind
between ! 80 aud 4 p. m, and were you on
the compauy's ground between these
hours.
"No sir"
A suit of clothes, dark brown hat and
striped pants was shown him and identi-
FED as the ones he wore July o.
This concluded his direct examination,
and the attorneys for the prosecution held
a long consultation and finally decided that
they would ask the defendant no cues
tions. This seemed a surprise to the al
torueys for the defendant and they also
held a consultation, and there seemed any
thing but unanimity among them. Iney
finally offered the suit OF clothes IN
evidence and again consulted and decided
TO ask the defendants no mora questions.
Mrs. CritchlOw was then called. She Is
rather good looking woman, well dressed
and of modest appearance.
Where did you see your huSoanu the
afternoon Of July 9th"
cat home asleep about 4 D. m. I had
been away and came back az 4 o'clock and
found him asleep"
She was very nervous, much more so
than her husband, and while she answered
promptly, she was far from composed.
There was another consultation among
the attorneys for the prosecution and 1t
was decided to ask no questions.
w. j. Brennen-The defense rests, Your
Honor.
This also seemed to cause surprise, in
fact everything so far done this morning
has been a surprise to one side or the
other. Another consultation among the
attorneys for the prosecution, and Henry
MOnath, a hardware dealer, was called IN
rebuttal. He had no recollection Of the
defendant leaving gun in his store OF the
morning Of July 9th.
There was another hardware store a
square away. The prosecution then an
nounced that it had closed. The defense
then submitted their points which were
those usually presented in murder cases.
One was that where two or mere persons
are charged with committing crime, and
il is uncertain which, all must be ac-
Quilted.
d F. Patterson made the opening
argument for the prosecution, but confined
himself TO the law which entered into the
case on trial. He devoted considerable
time TO the law covering the question OF
alibi "The only element Of defense IN this
case,n said Mr. Patterson, 1.-THE proof TO
sustain an alibi must be closely and criti-
callv scrutinized, and the evidence the
strongest and best"
Mr. Marshall replied to the argument or
the law points, and insisted that there
could be no crime without the intent OF the
mind to commit crime.
A discussion Of the time TO be occupied
in the arguments took place, ana u was
suggested several Of the Jury had not
slept in their own beds for week. The
defense said it would need at least four
hours This was agreed to, and the prose
cution is entitled to the same. Court took
a recess for dinner.
AtIp. IN. Attorney John s, Robo began
his address to the jury. He said In part
Are we to be told by stranger that IN
PENNSYLVANIA, from its fountain head OF
law down to the district attorney, al! IS
corruptionl This was done in the opening
in this case bv the defense. We were told
that somewhere in this case there would
come a mysterious something, flowing some
where that would be used in this case What
II was no one has vet been able TO discover
ond il is still a mystery, and why this so
called mystery was introduced In this case
is a mystery to me. This great country
has made up its mind that 1t Will not DC
blotted from the face OF the eartn oy az
archv. riot, misrule and bloodsned. Our
laws shall not be hauled down; II were
NOT q better citizen than TO advise Jurors
to disregard their oaths, as mas oeen uoue
in This case. would wish were dead
II makes little difference in this case
who fired the first shot but there is no
Doubt in nv mind that the first shooting
came from the shore, and am certain you
6ajieve me- The murder OF Il. y Connor
tocG- place long after the first assault ana
his mu,ler was premedltated ano WllIul
~ the de- 'audant was there that day, aid
NO and abbctting, armed with gun ana
Shooting, he is kuilty OF the crime Win
1vhich ne is charged Six witnesses swear
Critchlow was there, and all swear ne hsd
y gnn in his hands, and one witness swears
bs saw CritchlOw behind the oreastworKs
s~;D- his gun through the port 2pleS In the
tI.5. works. Who SAYS he was not theret
ne goes on the stand and picks out certain
bonrs when he says he was not on the H'lli
premises.
He does not pretend 10 say he was not
80 ar any time; he does not say where
-. ~ r,-as. he does not even corroborate his
~, IL Witness. who tried 70 prove an alioi;
SN ". ioss NOT saw he did not have gun; he
I.'7os 10 not saw he did not fire at the barges;
So does not say he did not fire the shot
~ W l~iued Connor; he denies nothing out
that .Sa az certain hours, fixed by himself, be
,r-oe not in the mill yard.
w NJ. Erwin, Esq, or Sioux rails, >.
n "1-eceded his address TO the jury by
-, -, Pl.;nc, the court for the fair and Impair
t.l, tna LAar1er in which the case had been
tlsl i iN'' ne said the jury could not presume
ttleu. ti1'a - eye was any strike at Homestead;
Una. 49, .Do not in evidence; there was no proof
II lSH. w',J tbsre was any dissension. There was
tnae nlAo,.iSance .aiI that Frick, who sends armed
no,l,,ors 40 ~ m the shore OF Homestead, had
lnVa'I'.a-,srty there. There was no evil
any tbat the men, women and children
oenCo .Ssre for unlawful purposes,
were the commonwealth said they
Out FER. infer 8 way 70
must hen logic could not speak. All the.
WINK Wns1 w. 1vraS that there were armed for
Jury k.aSe.".aerN there. There was no eyl-
slsn sass,ss thst tho dfpien we're nlreo as Ws.cn-
aenoe not .,, the ~ khtest evidence, ana tnsy
,lls nc 10 rivht t(s ssuune they were waecn-
neu A.. - r-he absl2 &c OF PROOF elves nss 10
men. enl.,..a,,v1ntio ! N at the peoples territory