Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-11-24
AN IMPARTIAL CHARGE.

AN IMPARTIAL CHARGE.
Judge Kennedy Reviews the Law and the
| Facts at Length - The Jury Is Sole
Judge of the Creditability of Witnesses.
Judge Kennedy began his charge with
the customary definition of the various de-
| he continued:
| In case of riot or riotous assemblage OF
persons for the execution of some private
object, all participants therein are princi-
| pals. and If killing occurs in pursuance OF
| common design, all are guilty or murder.
And II accompanied by such circumstances
| as show intention to take life, either Of the
deceased or anyone else present, or circum-
stances from which such intention can be
reasonably and satisfa ctorily inferred, then
it is murder of the first degree.
Next Judge Kennedy affirmed all the
points submitted for the defense. Having
given the legal definition Of riot, he pro-
ceeded:
AS to riotous homicide, gentlemen. read
to you from an authority. portion of which
has already been read, and it seems to con-
tain all that is necessary to say to you as to
what constitutes riotous homicide:
1898 individuals who though not specih;;
consenting to the assemblage by whom it ts
perpetrated, are principals when killing Is
in pursuance Of common design. When
uIrEie PoLeois, pay 20 lis toooi ~ soii
sion of O breach OF the peace, and to execute
1t IN such manner as naturally tends TO
su ~ ,iSs anu liz 81 an .,,;,t ~ so tus ,s
der, for they must at their peril abide the
S o3 y, 'h hid S;sthnna ua ~ ny Thiio
~ suon u, 'lo,;eis uoiu - ma aoao so P9 III
fnstioe Of tSs nat ton ~ "NN Ne' oi WIG
Jua.iSo az " sno ntSoii; ~ ; ..,.,..,
e.. Ahu ~ t,inI .To. .n ;eta S Sno
~ @ 'ia. che 's ltouers nnuli nau o4
,itS w 1msnS Al sme l1o'ous plooeeti.g
WI an ~, unuols'aunns s vi asLoeneHs ~
overcome ali opposers 10 Ine e&Iene oI YAK
ing iile ~ IeIessals 10 aeeonP. 'nS,I i pu,
po5I 1iS is hE oSsuLs Snoi S.Ss .S WI . saeu
Iake i,ie anu t they s each anu All VIII 10 suil'y
Va al uioei VI 'ho III '' oesieo'
No Discussion of the Facts.
Now do mt nronose oentlamen to dis.
~, 80. ; .,,:s W 80
.uss at iehsIn 'n1 i"oSe AZ .his oaso Vi 'no
testimony. Ihat mas oeen thoroughly done
by the counsel upon both sides, and all that
would seem to be necessary for me to do is
20 hr;es, :, "a for 70 tho CLAIM ~, thaor1 of tha
Co'..-a,.,, ~ wiz
Soninoii eai'ii anu .ii"' VI 'io UoiehSe'
The Commonwealth claims, as l under
stand it briefly, that on the 9th day of
Julv last n connie of baroes towed NV tho
steamer Little Bill. loaded with some 400
men thereon, having embarked at Bellevue.
down the Ohio river q few miles below
Pittsburg, and having on board sup
plies for these men, passed up the
Monongahela river bound for the town of
Homestead, and having with them a deputy
Sheriff OF this county of Allegheny, Colonel
Gray, the men being intended as guards
Tor the protection OF the property or works
of Carnegie, Phipps & Co., located q short
distance above the town. In their voyage
up the river, and before they reached their
destination, these barges were assailed with
shots from the shore, on that side of the
river on which Homestead is located, many
shots striking the barges and the boat by
which they were towed. No injury to life,
however, was done until the landing in
front OF the mills and the Carnegie Steel
Works, above mentioned, was reached.
In attempting to land there they were
met by the rotous assemblage of mon,
women and children, who resisted the at
tempt at landing. The principals of this
riot, or riotous assemblage, were armed
with rifles, shotguns, revolvers, and with
those weapons. and using and making threat
ening speeches and turbulent gestures, and
calling the men upon the barges by vile
names, and using opprobious epithets, they
sSai sno te ~ Iond a1d
plank was run out one OF the rioters threw
himself upon 1t. and with his revolver COM
menceu nrlng upon tnose on Ine piank OF
SHOTS were f1red and missiies thrown at the
men who were attempting to land. Up TO
this time, as claimed by the Common wealth,
no responding shots came from the barges'
but shortly thereafter. upon order cominT
from Captain w Cooper who was on the
parres and claiming to be in authority. a
yOlley WAS fired from the DargeS and shortly
thereafter another the first volley, accord
ing to some of the witnesses for the Com
monweaIth, seeming to be fired in the air.
The crowd then scattered and there was no
more firing, excepting scattering Shots for
some hours. In the meantime, barricades
and other means OF attack and defense were
prepared by the people on the shore, and
after such preparations were made the at
tack was renewed, firing being done from
behind the barricade pump house and other
places; oil was poured on the river and set
fire TO- effort being to have it run or float
down the river to the barges, which re-
manned in the meanwhile at the landing.
An oil raft was constructed above, and 1t
also started to float down the river toward
these barges, but burnt out before it reached
them. Dynamite and other missiles Of
destruction were thrown at the barges.
These proceedings were kept up from the
time of the completion of the preparations
mentioned during the remainder OF the
day, until the surrender Of the men in
the afternoon or evening.
The Claims of tho Commonve,Itb
~
several OF those on tne ,Darges were
wounded by the shots from the rioters
and two were killed or died from the
wounds ,bus received one of whom was tbe
, m C- -, = .,.a.:a . -
oeceaseu, T. q. Conhois, who @ noeeas eu suH-
snot "ouu ~ sh9 rismC, s, TEL, IuSnS To-, ,d ms
ueatn tatel ~ tue uay, anu !l mi.n ntS ; iuIuer
sne oeIehuuIG Is Gnareeu ~ 'nis hnuictiheht.
Ihe Commonweaitn Claims 10 nave SHOWN
Dy the eVluence tnat Tile ueienuant Crltch-