The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-07-21
NO MORE STRIKERS CAUGHT.
BURoEss M,LUoKIE GIFTS BAIE AND
o'DoSNELL COMES BACK.

oDoSNELL COMES BACK.
SuAae Maees Decides that the Case Against
NeLuckie Is Ono OF Murder In the Sec
esd Degree, and Therefore BaiisbIs-Ho
Refuses 10 Commit Einseif TO the
Others. aud They Are Therefore Trenb-
nss-Tho-o who Had Guns In the Battle
VIII Be Tried for First Degree Murarr-
An Ovation TO the burgess when He
Reaches Hon-stcad-secrctnry Lovejoy
aud Superintendent Potter Say They
Have Applications from Enough Men
who Want Work to Run the MiIis-The
Duquesuo Men May Strike = Soldiers
Made Angry-Mon SIN In Hiding.
PrrrsDuroH. July 0..-No effort will be mado
to convict Burgess McIuckic Of murder In the
flrst degree. This morning. with the consent
and approval Of the District Attorney. he was
admitted to bail In the sum Of $4,000 lie
will be prosecuted on n charge OF murder in
the second degroe Tho decision to drop the
prosecution for the Eraver offence was arrived
ut by the District Attorney and the counsel for
the Carnegie Company Mt conference held on
tuesday, night. The evidence was discussed
there and 1t WAS decided that 1t was not SUM-
Client to prove that the Burgess was an active
participant IN tnc actuRl murder.
The announcement that the Burgess would
be brought Into court ut 0:3O o'clock and that
the question Of whether he wonld be admitted
TO lsil OF whether he would have to spend Tho
rest OF tho summer bohind tho bars awaiting
trial brought out one OF tho largest crowds
that ever gathered in Pittsburgh court room.
Homestead was well represented in the crowd
There were probably POO men from tlat'town.
Some Of them had been subpunneb hnd were
there to testify against the burgess. 1t would
havo been under duress. howefer.
Judge Mageo was late in sfttng there. Nc
Luckie walked over the ,sBridEe of siGhs."
and into the room ~ the back way. in charge
Of two Of tho Jail Keepers. He greeted those
whom he know with wave Of his hand. and
then he took a seat near the railing. Lawyer
Brennan ind Lawyer Cox. the counsel for the
Amalsamated Association. who were there to
defend him. sat directly In front Of the Justice.
outside the railing. District Attorney Bur-
leigh was inside tho railing. Two or throe
other cnses were disposed OF before the case
OF tn" burgess was reached. and while they
were being heard there was an annoying buzz
OF conversation in the room. The moment.
however. that the crier snid. John McLuckie
to tho bar" there was complete silence. Dis
trict Attorney BurleiEh. resting one foot On a
chair and an elbow on his knee. looked at the
Justice moment. ana then sad:
Your Honor. l have carefully gone over the
evidence In the case OF this defendant and have
also talked at length with the counsel. Il have
concluded that the evidence is not sufficient
e. convict him OF the crime OF murder in the first
degree, and l have therefore determined that
will not oppose his being admitted to bail in
. sufficient sum to insure his appearance in
this court when his trial for lesser crime Is
called"
Lawyer Cox stood IN when this was being
said. Conversation in the court room started
afresh, and the most OF the crowd looked
pleased. smile played around the mouth
and eyes Of the Burgess. Justice Magee
stroked his beard and thought a moment. an
then h" said. addressing the District Attorney:
My own Investigations lead me to the con.
clusioa that the suggestion Of the District At
torney is a very proper one. think that I'm.
less there is some evidence that he was in fact
the man who actually did the shooting. tho
rule OF law would make the offence a case of
murder in tho second degree might men
ticn here in connection with this case that the
law makes every man who stands idly by in a
riot without making any attempt to suppress
1t participation and guilty of Icing
riot"r and he becomes responsible
FOR the consequences. he they either the
destruction Of property or the destruction Of
Hfe AMI when life is destroyed he becomes
answerable to degree Of the crime OF killing.
and directly participates in the killing. or
murder in the second degree. II he was AZ in
S &C. Wss np he So"s ;oT that
probation Of the law as sec il. and think the
courts have so held It in num' er Of cases.
In, every offence that is done in it by every
other man. wne,he. or not ne is an active par
during the riot he Is certainly guilty OF muir.
der. and it il the duty OF the court only to de-
sile tine degree Of the crime. The investiga-
that this defendant can be convicted Of no
more serious offence than the crime Of MUIR
is no conflict between the District Attorney
and the counsel for the defendant as to the
question IL Fl the propriety Of admitting this
The Burgess sat with his hand to his ear to
%hs mn to eafsh every word that was said
brennan remained standing and nodded AS
sem sem to al tina, the Justice said Mr. Brennan
ready to furnish tail in any amount. but /
think can assure you that there is no danger
Eha,oser tha, my client WI iruv. the, Iuris-
small sum Will fully meet the demands In the
Gaze.
a nsss Wno saa f" eas TO ak tx yosi
Honor that u sufficient amount OF tail be re-
SSa,fsG t. nnIro the attendance Of his dI,
Ne stands Charged Is II Serious one the second
Tots Ssi?1i crime on the statute look Hi The
su " IL; bal! 10 demanded" -,
That. think your Honor and my learned
sai IESs S@Ha ns y ysrT
the amount OF Tai! which you are to fix in this
case case O. DC me sameas You will require In the
This question was decidedly the most inter-
ss r. ,e 10 In" men rom Homestead who were
catch the ansswe'. The Justice said 49,,
~, NJ. iheTr are some mon who Will be