The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-11-24

tat, SLICK ,uiUks back. He gave a
graphic description Of the battle on the
river bank and dlspoke Indignantly of the
on the helpless men" in the
bafCes, who, Threatened withRall sorts
Of horrible deaths. we're forced to sur.
render, If that wasn'ta riot, he wanteH
to know what it was. The odefe ,,sa
had claimed in their opening II AT no
riot had been proved and under the law
the defendant could not be. convicted
unless it was shown bev ond a doubt
that he iired the shot that had killed
Connors. "Gentlemen, - said Mr.. Robb
in conclusion, US there any doubt that
the killing of T. J. Connors by this
prisoner was wilfully and deliberately
premeditatGd murder? If there isn't
you must find the defendant guilty of
murder In the first degree
Erwin Cuts Loose.
Mr.. Erwin arose, and while he was
getting the kinks out Of his tall form,
he thanked the court for the impartial
rulings and hoped the bench would be
hoYofed by him long. Then he walked
slowly around the counsel table, stuck
his thumbs in the armholes of the vest,
looked pityingly at the counsel for the
defense, smiled at the jury and began to
talk in an ordinary conversational tone.
ut is not proper, F" said he, What class
feelings or prejudice should enter here.
OF course members of the bar can use,
within the latitude allowed by the court,
any art at their command to carry with
them the minds of the jury. That Is
what they are here for. You have just
been treated to q magnificent specimen
of that art. One of the counsel for the
prosecution has attempted to carry you
out OF your calm consciences by the
storm in this gauzy effort to press you
up to line where in that sacred jury.
room you would hesitate to decide. You
are sworn to try this case according to
the law and evidence, and have been
told that there is no mystery about it.
Unhapptly for you and unhappily for
this country, the real cause which led to
this tumuit at Homestead is not in the
evidence. You have no positive evi-
dence which you dare consider, except
that which rises from presumption, un-
fortunately for this republic, for this
county and for your city. The world
today stands anXiously awaiting to see
how your courts have inquired into
these causes. That they have not been
touched will he a matter of sincere re-
gret.
1.-THE law presumes this man to be in
nocent until you find him guilty. 1t
stands up before him vast shield of in
nocence on which the prosecution must
pile its evidence until it bends upon him.
crushes him and holds him prisoner to
be punished for his crime. We never
punish man until, with our mental
eye shut, and justice blind. we have to
admit before God the guilt of the ac-
cused. So sacred is liberty, so sacred is
life in this most magnificent country,
that you should require proof so con-
vincing that the jurors shall not, in the
remotest manner, be responsible to high
heaven for the blood of your fellow
man. This was delivered in such an
impressive manner that some of the
jurors shuddered at the thought of the
grave responsibility resting upon them.
Did Not Want Presumption.
"On the 9Th of last July" said Mr..
Erwin, "rang out from the shores Of
Homestead battle. And the common.
wealth lets you presume what caused it..
There is no proof that there was strike
in progress at Carnegie's mills; no evi-
dence that this man Frick, who pur-
chased arms and put them in the hands
of foreign invaders, had anything to do
with the property where this battle took
place. From the possession of deadly
weapons by certain men you are to infer
a riot took lace To infer this, when
the constitution of the nation guarantees
that the rights of its citizens to lear arms
in their own defense shall not be deniedi
There were men, women and children,
all sexes. all ages of the common people
of Homestead on that shore that day,
and yet you are not told why they We're
there, and you do not know from the
evidence except what you infer. To in
ferf How lawyer-likel To infer! To
wink when the conscience dare not
speak: TO touch your elbow when the
heart is silent.
"The men on the boats were not citi-
Zens of Pennsylvania; We're not watch
men employed to guard property, or if
they were the prosecution seems to have
forgotten to tell you this in the evi.
dence, All that yOu are presumed to
| know is that there were foreigners on
that boat, armed foreign invaders, hav-
| ing no right, no interests in anything
about the shore at Homestead. On that
| shore and N possession was your people,
| your comrades, menswOmen and chill.
| dren, and they We're assaulted by these
| foreigners and you are not told why. That
has been shut ont of this case by the
prosecution and we are not permitted to
bring 1t in. And why1 The clover
hoof Of the pirate who invoked this in
| vasion of the peace of Pennsy lvania is
hidden from you whether by accident or
| design. But the name you all know.
That name IS shown by the testimony
70 be tbs DlaclSest name that ever
tarnished humanity, 1t is Frick.
| The Great Question.
THE great question you are called
upon to decide under the evidence is,
was it riot or was it an unauthorized
| invasion? If it was riot, why doesn't
the prosecutor let you know? If it was
8 foreign invasion without excuse, that
| ends this case, Tie people never needed
law to delegate them power to resist On
| invasion. No law is needed for that.
They have the inalienable right to repel
the invaders in any way they can. This
| right cannot be taken from them and we
have no evidence that they were not ex'
ercising this right
| "It / were not bound to keep within
the evidence in this case, if the prose.
| cution had not shut out much that bears
| on it, / would like to go into evidence To
| show you what constitutes a Pinkerton
| that army of thugs, that band of IRE,
| sponsible constabulary, but / must con
| fine myself to the defense we are linn
tied to. 1t would have thrown light on
| this question TO have snown you some
| thing abOut these foreipn thups ARMED