Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-11-19
MIR. BURLEIGH'S OPENING.

He Says the Jury and Prosecuting Attorney
NIust Do Their Duty-The Degrees of
Murder and Riot Defined-What Will
Be Proved.
In the afternoon the court was slow re-
convening. About o'clock District At
torney Burleigh, without any ceremony,
opened for the prosecution. When the
doors were unlocked the audience of the
morning supplemented by number of mill
workers rushed in. The little enclosure in
the rear of the room was soon jammed. The
people manifested the most intense interest
in the case and listened attentively and
orderly all afternoon to the testimony.
The veteran Thomas NJ. Marshall took a
seat alongside the witness box and watched
the proceedings carefully. Once he inter-
rupted Mr. Burleigh in his opening address
to the jury to make suggestion that the
District Attorney partially accepted.
III To Mr.. Bremen was assigned the job OF
cross-examining the witnesses, but he didn't
have much to do His work will begin this
morning, when he will put Captain Cooper,
the Pinkerton, through the mill. w. w.
Erwin, the ST. Paul lawyer, who is said to
d
posted his elongated frame in chair back
of Nh. Bremen. He whispered frequently
to his colleague and made note of what be
thought were weak places in the evidence.
The Man From Sioux City.
Argo the Sioux City man, who wears his
hair brushed back from his forehead as if a
cyclone had passed through it, sat at the
~ ha 4ohl rit lor oil
William Reardon, John Cox and Major E.
A. Montooth sat nearby apparently taking
things very easy.
On the. prosecuting side were District
Attorney Burleigh, John S. Robb, d. f.
Patterson and E Y. Breck. MI. Burleigh
is conducting the case for the Common
wealth. In his opening 10 the jury, Mr..
Burleigh dwelled to considerable extent
on the law as expounded by Wharton. He
explained very clearly the distinctions be.
tween the degrees Of murder and how they
are defined.
In his speech the District Attorney said:
''This is the case of the Commonwealth
against Sylvester Critchlow and others fol
for the murder of 7. ]. Connors. The duty
of the Jury and counsel in this case is the
same as in any other. Under this indict-
ment it will be your duty to render one OF
four verdicts. You can find the defendant
guilty of murder In the first or second de-
gree, voluntary manslaughter or not guilty.
The verdict in any instance will depend for
its validity on the law and the facts
Defining the Crime of Murder.
Murder at common law is where q man
of sound mind and memory unlawfully kills
a reasonable creature in being and under
the Kings peace with malice aforethought,
either expressed or implied. Murder is the
unlawful and malicious killing of another
The term malice in law is more reaching
and comprehensive than the term is ac-
cepted in common life. 1t implies in the
law no. only ill-fee!ing or private grudge,
but where person in the killing acts with
cruelty, savagery or brutality, or is unduly
reckless, having no regard for his relation
or responsibility to society. In the old
common law no distinction was made be-
:ween cases where the man intended to kill
and where he had no intention of striking a
fatal blow. Our own State about 100 years
ago was among the first to divide murder
into first and second degree.
1.-The different degrees are defined by
statute. If this defendant is found guilty,
it must be because the murder was wilful,
deliberate and premeditated. If the jury
is satisfied and finds from the evidence that
the defendant intended to kill in the act
complained of, then it is murder in the first
degree. Thus if a man who uses q deadly
weapon like gun on vital part without
any qualifying circumstances, it is q rule OF
common sense that he intended to kill.
The Lower Grades of Murder.
GAIL other kinds Of murder except where
the intentis proved, is murder in the second
degree. Now manslaughter is the unlawful
killing of another without malice expressed
or implied"
Mr.. Marshall interrupted, and suggested