Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1892-11-19

PITTsBURG, PA. November 1S.-The
case of Sylvester Critchlow, the hrst OF
the Homestead strikers charged with
murder, was called for trial to-day In
the large criminal court room before
Judge Kennedy.
Crltchlow is charged with the killing
of It. j. Conner on July 6, during the
riots at Homestead. The case attracted
a great crowd and all Homestead seemed
to be in the hall, but an effort was made
to keep the crowd from the room. The
prosecution is represented by District
Attorney Burleige, Messrs. Patterson
Robb, Knox and Buck, and the defense
by Messrs. Argo, of Sioux City; Erwin,
OF st. Paul; Marshall, Montooth, Bren-
nan and Cox.
Critchlow was brought into court at
$50 and was finally arraigned aud
pleaded not guilty. The work OF Secur-
ing ajury was then commenced. The
defense has twenty peremptory chal-
lenges and as many as can be challenged
for cause, and the prosecution four per-
emptory challenges and can stand as
many aside as it deems proper.
At this point w. j. Brennan moved to
duash the indictment and also the array
of grand jurors because said grand jury
was not impartlally drawn, that the
slips or rolls of paper containing the
names OF the jury were not uniform,
those deposited by Judge Slagle being OF
different sizes and differently folded
from those deposited in the box by
the Jury commissioners, those depos-
tied by Judge Slsgle being turned down
at one corner and those deposited by the
commissioners beingturned down at two
corners, so that it was an easy matter
to discriminate. OF the twenty-four
grand jurors, twelve were those whose
names were deposited by Judge Slagle,
~S.,. sixty of the panel OF the
pGS.s So SG nanTs &c of them were OF those
Slagle. Mr.. Brennan said he did not
wish to reflect on any one, but there
was fear that the drawing may not be
fair aud impartial.
District Attorney Burleigh-"In my
opinion the motion to quash comes too
late; the defendant has pleaded, and
has thereby waived any right to move
to Quash."
Judge Kennedy-"We will let your
motion be filed. Mark it over-rued."
The court ordered the motion filed
and refused it. The selection of jury
was then commenced.
The jury as finally obtained consisted
of Peter Roth, stonemason; John Her
ron, farmer, Shaler township; Jacob
Miller, farmer; Amos Mashey, farmer;
Christ Wygand, merchant; c. S. Eaton,
repairman; Christ G. Sende, clerk;
James NJ. Wright, farmer; d. J. Here
Itchy, w. S. FreYvogel. wiremen; Burns
Wadsworth and Louis Jackson, merch-
ant.
When the jury had been completed
the noon recess was taken.
The trial was resumed at three O'Clock
pm. A number of Homestead citizens
were present ahd the lobby was again
packed, while several hundred persons
stood in the hall.
District Attorney Burleigh opened
the case for the Commonwealth. He
began by stating that the Indictment
was No. 81 against S. Sylvester Critch-
low and others for murder, for the kill
ing of T. j. Connors, July 6. The case
differs in no respect whatever from any
other murder case. There was one In.
gredient which was not present in the
usual cases. The jury could find
verdict of guilty in the
first degree, in the second,
of voluntary manslaughter Of acquittal.
Here Mr.. Burleign explained what con-
stituted the ingredients OF murder and
of manslaughter. He said that great
care must be taken by the jury not to
mistake or confound malice as used In
court with the ordinary acceptance OF
the term. He said if the Commonwealth
proved that Crischlow acted with saw
agery, with a reckless disregard OF
social duty, with q mind fatally bent on
killing, malice is understood
There was another element In this
case to be developed. "The law says
that malice of any one man toward
a crowd OF people covers harm done to
any one in that crowd. This malice
toward a class is the same as malice
toward one. Also should several per-
sons discharge guns into a crowd and
only one man be killed, each and all OF
the persons discharglng guns are equal
ly guilty ofmurder. But II original in
tention does not appear and the defend
ant is present, IL is manslaughter, even
though done needlessly.
zone thing more. riot is tumultu-
Gus disturbance against public peace by
three or more persons. 1t must be
shown that the disturbance was accom-
panied by some outward violence or in
tention thereto. When a riot takes
place to redress private grieva nee and
killing is done, all persons engaged are
guilty OF murder even though they are
not all as individuals specifically par
ties to the committing. Their presence
IS sufficient evidence, for they must at
their peril abide the consequences who
by their presence encour-
age the killing.
ssWhat are the facts in the case? We
will show that we are not trying trea-
son or anything in connection with the
strike; we are simply trying the case Of
the Commonwealth against Critchlow
FOR the murder OF Conner. We will
show .yov that there we're two barges,
--s-ksant r. uOmcs,