Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-08-07
BURKE ADMITTED TO BAIL.

The Homestead Mill Worker Answers to
Three Serious Charges and Gives Bail
in All of Them-A Lively Tilt In
Court.
Edward Burke, who was first arrested
charged with melting a riot at Munhall
station, near the Carnegie works, last
Wednesday, who was afterwards arrested
charged with aggravated riot, and who was
on Friday charged with murder in connec-
tion with the Homestead calamity Of July
6, was yesterday released on Sic, 900 bail on
tie charge of murder aud $1,000 bail on the
charge OF aggravated riot. He had pre-
viously been released on 81 200 bail on the
charge of inciting riot
Judge Ewing presided at the hearing.
Attorneys Bremen and Cox appeared for
Burke and Messrs. Burleigh, Breck, Knox
and Patterson represented the prosecution.
At the morning session the case against
Burke for riot was heard. The afternoon
session was devoted to hearing the petition
for bail in the murder case.
R. w. Herbert was the first witness
called. He detailed the arrival of the
Pinkerton men at the Carnegie works, and the
fight that occurred there. The witness was
not entirely positive in his Identification of
Burke on the morning of the first trouble.
He was positive, however, that he had seen
Burke about Homestead and the Carnegie
mills and during the day of the trouble and
at the barges when the Pinkertons sur
rendered in the evening after the morning
fight.
Member Of the Hom sstead Patrol,
Mr.. Herbert identified Burke as one of
the crowd of men who had interfered with
his liberty.
'eThe idea that the town should be
guarded by these men," Judge Ewing said,
''and that they should do such things and
pretend to be upholding law and order and
endeavoring to Justify it'll Why they had
the town under martial law?'
Mr.. Brennen-No doubt they hadn't any
right to do that.
Judge Ewing-No right; and to talk
about justitying thatl You might as we'll
talk about justifying highway robbery!
Mr.. Brennen-It was a time of great ex-,
citement, and extraordinary efforts were
made upon both sides. The object was to
prevent disorder and not add to or promote
it. Your Honor, that was the object.
Judge Ewing-Oh. no. They were act
ing just as illegally and unIawfully as
though they were committing highway rob-
berry. There is no use of discussing it. 1t
is remarkable that lawyer should under
take to justify that.
Mr.. Brennen-No circumstances will
justify man in inciting q riot?
''The way for these men to have pre-
! vented riot was to go home and behave
themselves" Judge Ewing said. 'There
was no riot except what they were making,
1 say again it is an unkindness to these peo-
pie for any man of standing in the COM
munity to undertake to Justify their con-
duct or pretend that it was lawful or legal
or right. They were just as clearly acting
unlawtully and illegally and criminally as
though they had committed highway rob-
berry"
Mr. Cox-Stln they are entitled to coun-
sel
Judge Ewing-Certainly.
Joseph Crouch, telegraph editor of the
Commercial Gdzette was called. He was at
Homestead during the riot and two or three
days succeeding, but did not see Burke
until day or two after the riot, when the
Sheriff visited Homestead to confer with
the citizens.
Captain w. B. Rodgers was then called.
The story OF the trip of the Little Bill up
the river, the landing at Munhall station,
and the command by the strikers not to
land, was retold..
Sheriff Gray Tells hts Story Again.
Ex-Sheriff Gray was then called and re-
peated his account of the eventful trip of
the Little Bill ana the fatal results which
followed its landing.
District Attorney Burleigh here an
nounced that this was all the evidence the
Commonwealth desired to offer.
The Court then stated that if the evidence
had shown these men were shot after Burke
got there, he would not have released him
on bail; but there did not appear to be any
evidence that Burke was there before that
time, and Judge Ewing announced that he
would admit the defendant to bail in the
amount of $10, 900.
John B. Lynch, the Penn avenue saloon
keeper, was presented for bail He got
into controversy with the Court which