Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-10-10
ID UEF|NE THE LAW.
Chief Justice Paxson, of the
Supreme Court, to Charge
the Grand Jury
ON TREASON STATUTES.
Both Sides Ready for the Important
Legal Battle.
TH0S. M. MARSHALL ON THE ISSUE
Homestead Is Still Excited Over the Dyna-
mite Scare.
ON TREASON STATUTES.
TH0S. M. MARSHALL ON THE ISSUE
Homestead Is Still Excited Over the Dyna.
mite Scare.
CHARLES JOERNER'S LEGS CUT OFF

sit as a County Court Judge, and will
deliver a charge 10 the grand jury on the
law of treason, handing over the indict-
ments in the Homestead cases. 1t is under
stood that the Chief Justice has spent con-
siderable time in preparing his charge.
Both sides are well prepared to meet the
legal fight, which it is considered is the
most important issue among all those aris-
ing out of the big strike. Captain E.
Y. Breck will be on hand to
look after the interests of the Carnegie
Company, associated with District Attorney
Burleigh, who will plead the cause of the
State. W. j. Bremen and his associate
counsel, Thomas NJ Marshall, will be there
to show, if possible, the absurdity of the
treason charges. All the witnesses exam
ined in the various cases of riot and muir
der against the strikers will then be exam
ined the grand jury.
The Law in the Treason Cases.
''There has been so much talk about the
treason cases that is nothing but nonsense"
said Thomas NJ. Marshall, who will help
defend the men. yesterday, 81 would like
to make few explanations. BY the act of
Assembly of March, 81, 1860, it is treason
to levy war against the State or adhere to
its enemies BY another section it is mis-
prison of treason for any one to conceal the
knowledge he may have of reasonable
offenses from some of the proper
authorities This is the act under
which the Homestead intormations
were made. Section 8 of Article
V of the Constitution states that the juris-
diction of the Supreme Court extends over
the entire State. Justices thereof by virtue
of their Offices are judges in the Courts of
Over and Terminer and Justices of the
general Jail delivery, with the same author
ity as those officers These trials for treason
by an act of March 81, 1861, are not matters
for the Supreme Court to try, but belong to
the common courts, the same as murders.
Under our criminal code these crimes of
treason and misprison of treason are pu on
par with the other offenses named in the
act
ga trial for treason is conducted the
same as any ordinary murder trial, except
that each defendant must be furnished with
a copy of the Indictment and lists of all the
Jurors and witnesses, with their residences,
at least three days before the trial. The
Commonwealth has the right to challenge
perempUoriiy four persons. The defend.
ants have 20 peremptort challenges ahf as
many as they can show just cause for.
No Mystery About the Trial.
GAN this talk about King jurles and the
special powers of the Supreme Court
Justices in these cases is mere bosh. There
is no mystery about these cases; they are
about the same as any other stationary
ofenses. The common law doctrine of
treason has no place in our law, either as to
the otfense itself, the mode of trial or who
shall preside. There is nothing very strange
or extraordinary abont this proceeding.
There have been far more novel proceed
ings in Allegheny courts and the West
than this
"At the commencement of the Rebellion,
indictments were preferred against certain
Pittsburg clothiers for defrauding the SOL
diers in giving them shoddy instead of good
garments. Bills of indictment were found
against Frauenteld & Co. and Morganstern
& Co, and the case was fixed for trial on a
Monday morning before Judge Mcclure.
The counsel for the defendants fearing that
the great excitement attendant upon the
breaking out of the war would prevent
their clients getting fair trial, applied to
Court of Pennsylvania, who, upon cause
being shown, issued a writ of certiorari re-
moving the indictment from the iurisdic-
ton of Judge Mcclure and giving the case
to the Chief Justice sitting as
criminal Judge in Allegheny county,
Judge LoWrie held his official term of
court but the case never came up. the main
witness having left for Europe for his
health This case attracted great deal of
Al
LAWYERS in the CITY being engaged upon it.
The defendants counsel were Hon. Charles
Shaler, Frederick II. Collier, Thomas NJ.
Marshall, john Mellon and Colonel Sam
Black
Not Treason Against the State.
EE"Recently the case of Casper Haneray,
who was tried in tine Circuit Court of Phil
adelphia before Justice Greer for treason,
has been cited as precedent 1t is not a
precedent, however, as Haneray's crime
was treason against the United States.
Haneray was one of a number OF people
who resisted United Statea officers and the
owner of an ESCAPED Southern slave, who
attempted to capture the fugitive
under the fugitive slave act. The
fight occurred at ChristiaDa, and the slave
owner was killed in the alteration.
Charles Joerner, Homestead mill work
Z,
Yesterday morning, having both legs terri
blv crushed and mangled. They we're after
ward amputated just below the knees. He
suffered so from loss of blood and shock, that
his condition is considered critical.
Joerner was found at 4:30 o'clock early In
the morning near the Pittsburg, Virginia
and Charleston Railroad tracks by train
crew. He could not tell how the accident
happened or how he came to be there. 1t is
supposed he was struck and run over by
train. He is about 20 years old and was
employed in the mills. He came recently
from Baltimore. Last evening he was In
a comatose condition and had not recovered
sufficiently to tell anything about the acci-
dent
Arrested on Suspicion of Dynamiting.
Homestead inhabitants have not yet fully
recovered from the shock caused by the
dynamite explosion a few mornings ago,
when Mrs Msrron's non-union boarding
house was completely wrecked.
A man named "Nuckle" McAllister was
arrested Yesterday on suspicion of being the
bomb thrower. 1t is alleged that he went
TO the house of Mrs. Rattigan, and said that
her boarding house ought also be blown up
with dynamite He made q number OF other
threats that alarmed the inmates to such an
extent that thev reported the matter to the
deputies.
William Murphy. a striker, was arrested
yesterday by Deputy Sheriff May. on COM
plant of E E Greth, a non-union mill
worker who alleged that Murphy and three
eomranions attempted to beat him when ne
stepped from a train at the City Farm sta
tion. Four non-union workmen who were
drunk were locked up during the afternoon.
Colonel Hulings said last night tnat ne