The Iola register. [volume] (Iola, Allen County, Kansas) 1875-1902, 1892-12-02
ACQUITTED.
Striker Critchlow Not Proven
Guilty of Murder.
The Presiding Judges Definition of Riot
and Murder-ExceptiOns of Counsel
The Defendant Held on q
Charge OF Riot.

PITTSBURGH, Pa, Nov. 24-The trial
of Sylvester Critchlow, charged with
murder in connection with the Home
stead riot, was brought to close last
evening by the jury bringing in YER
dict of acquittaL Owing to the hour
at which court convened there were
not many persons present when the
jury fled in The prisoner was not re-
leased, he having yet to answer the
charge of riot
When court convened yesterday At
torney Marshall delivered his address
fer the defense. He was followed by
District Attorney Burleigh, who closed
The case for the prosecution. During
his speech he said: "You munt take
the law as the court will give l. to you.
The defense states he was not on the mill
property that day. II this is true, why
IN the name of common sense don't they
stand On that line? If this is true, why
is all this time wasted in talking about
an armed Invasion of the sacred soil;
why was the time taken to argue the
rights of labor? If Critchlow was not
there that day why need he care in his
defense to show who first fired the
shots, or anything else? The fact that
they went outside of the alibi and at
tempted to Justify the murder, shows
that they have no weight in their plea
of alibi. If he was not there that day
why need he care who commenced the
trouble or who owned the property? If
he was not there he clearly Is not
guilty, and were this plea of alibi hon
est they would stand ON it alone.
II say Critchlow was In the mill yard
when Connor was shot Six disinter-
ested witnesses swear the defendant
was in the mill yard that day with a
gun. If il was Harrison Critchlow who
was in the mill yard that day, and who
the defense SAYS was mistaken for the
EAfendant, why did not they produce
him? Why did not they put him on
the stand and let him swear he was the
man who was mistaken for the defend
ant? Had they done this we could not
have gotten over it 1t would have
ended our case"
Mr.. Burleigh devoted over half an
hour to the question of alibi and
claimed the witness for the defense who
attempted to prove an alibi had not
told the truth.
At the close of the district attorneys
address, Mr.. Erwin asked that the de
tense be allowed an exception to the
trnthfulness of the following: That
the Pinkertons went under any sheriff
or officer; that Lovejoy or Potter had
any right to enter upon said property;
that the people opposing the landing
were i'll advised; that they expected to
meet the sheriff by appointment and
we ask the court 20 so charge"
Judge Kennedy. in his charge to the
jury, said: In answer to the request of
the counsel for tire defense just as we
closed before recess, l will say, you
must not take the statements of coun-
sci unless these statements are war
ranted by the evidence"
The court then defined murder and
its various degrees and what constituted
each OF the grades Referring to riot,
the judge said; "A riot is the tumultuoss
assembling of three or more persons for
an unlawful purpose, and all persons
who are present and not attempting to
suppress it are prima facie participants
and principals and any one who joins
the rioters after they are assembled is
equally guilty There are no aiders or
abettors: all are principals and all
guilty OF the acts of such riots When
killing is done in pursuance of 4 COM
mon design all are guilty of the murder.
If there i evidence that che rioter, mad
determined to take life in order 10 carry
out their object all are guilty of murder
in the firSt degree.
If the jury be satisfied that the de-
PENDANT took part in the rio. Of july 6,
which resulted in the death OF I. J.
Conner, and that it was the common en- /
tent of such rioters TO resist the lamb |
ing of these men on the blrges 10 the /
extent of taking life. then he is guilty /
of murder in the first degree. as are all /!
who TOOK part in such riot II You be /
lieve that there was no malice, tina; the |
killing was done in the bent of combat, |
then you convict him o: manslaughter. I
If yOu believe these rioters met for d /
common purpose, to resist this landing. |
but not the extent of taking life, then |
verdict of murder IN the second de- !
gree could be rendered"
The court then renderei the def1i-
ton OF alb; ard the close scrutiny
which ssoIld be given TO it The de-
iendant is entitled 20 all reasonable
,loubt, reasonable. fair doubt arising
nut of the evidence submitted, not from
anything outside the case"
He closed at S:35 and The jury re-
tired
Critchlow. however. was held on the /
iharge of riot He viii probably he
granted bail to-day.
Iosn On, ann, fy,,oa., .,r,am,e