Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-07-26
RELEASED UPON BAIL.
Hugh VDonnelI, Hugh Ross, Peter
Allen and Nathan Foy Freed
UPON BONDS FOR $4,000 EACH.
Judge Magees Review of the Battle With
the Pinkertons.
THE PRISONERS CONNECTION WITH 1T


locked-out workmen at Homestead, and his
three imprisoned associates, Hugh Ross,
Peter Allen and Nathan Foy, were yester-
day forenoon conceded BY Judge Magee the
right to be released on bail, and the amount
was fixed at $4,000. All except Foy Sc
cured bail promptly and were liberated,
while Foy was returned to Jail, to be re-
leased as soon as the men who had agreed to
become his securities could be brought into
the presence of the Judge.
While the day was again insufferably hot,
the interested men who crowded into the
Criminal Courtroom were as many as at
former hearings, but the throng wasforced
to swelter less than an hour before they saw
the end of the affair. That courtroom, on
the testimony of those who have been
forced to sit in it recently, is the hottest
spot in the city. The tipstaves, being gen.
tlemen of naturally cold blood, decline to
open the windows generously lest the bald
headed mallet on the Judges desk should
contract cold or one of the naked facts
held up to the view Of the Court should be
seized with chill.
The Prisoners Brought to Court.
The prisoners were brought in at 9:34
o'clock. Coming from the cool Jail, where
a man must keep cool in spite of his
anxieties or the outer temperature, they
wilted when they were led into court by
two deputies, and they began to mop their
faces as soon as they sat down in the pris-
oners' pen. O'Donnell and Ross had been
cleanly shaven since the hearing of Satur-
4 l,,k Il h.
the services of what the lawyers in the st.
Nicholas building call capillaire Messrs.
Bremen and Cox walked over and spoke
briefly with their clients.
At 9:43 o'clock Judge Magee appeared,
and calling District Attorney Burleigh into
the private rear room, told the Common
wealth's representative what the decision
of the court would be. When he ascended
to his arm chair on the bench the Judge
carried a palm-leaf fan, and waved it vigor-
ously tor few moments. Order having
been secured, Judge Magee proceeded at
once to the business Of the hour. He held
a manuscript in his hand, but before read
ing from it he saids 81 had thought that 1
would perhaps have the testimony of the
reporter to review in connection with my
consideration of this case, but it was not
put into my hands until this morning. 1,
however, think that 1 have substantially the
evidence taken down in q copy of the Sun
day DISPATCH, which was in the house,
and from that think 1 have very good
understanding of the testimony. So far as
my recollection of the testimony goes that
report was a very accurate, reliable and sat
isfactory account; though, of course, it was
not as full as the official report.
The Opinion of the Court.
IT did not get the brief from the learned
counsel, Mr.. Patterson, until this morning
Having read it over 1 regard it as a very
strong presentation of that side of the case,
but have gone into the case as thoroughly
as 1 could and with as much care as could,
and as free from prejudice as could, and I
have formulated what have to say on the
subject in brief way, and shall give it as
my conclusion"
The Judge then read as follows: IT have
endeavored to give this application the
consideration that its Importance demands
The defendants have been called upon to
answer the charge of murder growing out of
the destruction of life by mob violence at
Homestead on the 9th of July. The right
to be admitted to bail is q constitutional
right, and not dependent on the discretion
of courts. The constitutional provision is
that all prisoners shall be bailable by suffi-
cient surety, unless for capital ofenses,
when the proof is evident or presumption
great. The information charges murder
simply. The petition to be admitted to
bail denies guilt. Any unlawful killing,
by the laws of Pennsylvania, to rise above
murder in the second degree, must appear
or be shown to be wilIful, deliberate or
premeditated killing with malice afore-
thought, SO that where, from all the testi-
mony, it does not appear that defendant
is guilty of murder OF the first degree he is
entitled to bail.
Were Not Active Participants.
'I have indicated heretofore the respon-
sibility of those who actively and those who
idly participate in mob violence 1 need
say no more in this application than this:
That although the disorder and lawless con-
dition of the community had continued for
some time, and the rights of property and
of personal liberty had been wantonly in
vaded, no destruction of life had taken
place until the morning of the 9th of July,
at . or o'clock in tine morning, when the |
men on the barge ran out their gangplank |
and struggle over that between the con-
tending parties from the shore and the |
barges took place, when some shots were
fired from the shore and returned by the |
men on the barges. At this fire man |
named Kline was killed on the barge, with |
whose murder the defendants are charged |
DV Tile INFORMATION upon Wn1cn tney are at |
present held in prison.
Mr.. Breck-The defendants are charged |
with the killing OF Corners and Vain.
Judge Magcs-As far as 1 recollect, we |
have no evidence of the killing of Conners |
This outbreak of the morning continued |
with increased vindictiveness and devilish |
malignity on the part of the mob until the |
surrender of the inmates of the barges took |
place some time in the coming night. 1 |
think the evidence produced shows that the |
defendant, whatever his real connection
with the riot may eventually appear to be,
was not an active participant in the out
break at which Kline was killed, but |
there is reasonable ground to say that he
was in sympathy with the mob. and at |
least chargeable as locker on who stood
idly by and made no apparent effort at the
outset to suppress the riot For the sake of |
intelligent humanity in the walks of labor
1 hope when the defendent presents his case
for final judgment, that he may be found
guilty of neither moral nor legal liab ility
for the deaths of SO many of his fellow men,
through misguided or mistaken judgment
of the law or its obligations, and his own
duty as a law-abiding citizen, and the chief
advisor of the disturbed and agitated COM
munity. Under my view and the proofs
which have been furnished to make evident
guilt of murder of the first degree, deem
it my duty to admit the prisoner to bail,
fixing the amount thereof to correspond
with the case which has within its posi-
bility as it now stands a conviction of muir
der of the second degree The bail to be
unless afterward shown to be in
sufficient, to be $4,000.
Bail Accepted for the Prisoners.
"Will the other applications be heard
now?" inquired Judge Magee.