The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-11-24
1T is ON.
The First Homestead Case Be-
gun at Pittsburg.
ORITCHLow Is ON TRIAL.
A Strong Fight Made on Both Sides 9ver
the Jury Panel.

the Counsel Table-District Attorney
Burieigh's Able Opening Address.
PITTsBURG, Nov 10.-The first of the
Homestead cases, the opening one of one
of the greatest legal battles ever fought in
Pennsylvania, or any other state, was
begun yesterday morning when Sylvester
Critchlow was arraigned before Judges
John A. Kennedy and S. A. McCluug to
ans wer for the murder of Thomas j.
Connors, a Pinkerton watchman, Of
New York who was killed in the riot Of
July 6.
Assisting District Attorney Clarence
Burleigh in the prosecution are Attor-
neys d. F. Patterson, John s. Robb, L.
Y. Breck and Assistant District Attor-
ney Henry Goehring. The talent on
the other side of the table includes
Thomas NJ. Marshall Sr., William Rear
don, Major L. A, Montooth, w. J. Bren-
nen and John F. Cox, of the Allegheny
County bar. and George w. Argo, of
Sioux City, Ia, and William w. Erwin,
of st. Paul, two of the most brilliant
lawyers of the northwest, who will be
heard from before the trial is ended.
The counsel table is surrounded by more
distinguished and successful men than
have ever showed their feet under it at
one time in that court house before.
How They Are Working.
For the prosecution District Attorney
Burleigh opened, will close and is con-
Quoting the examination of witnesses.
The others are at his elbow prompting
him when necessary and watching for
points. On the other side Mr.. Bremen
conducted the cross-examination yester-
day, with Mr.. Erwin behind him offer
ing suggestions and Major MontoOth be-
side him to help both out when the oc-
casion arises. William Reardon, John
+. Cox and Mr.. Argo were taking notes
further back on the counsel table, and
Thomas NJ. Marshall was in his usual
place, between the jury and witness
box, ready to take advantage of the
slightest point in favor of his client and
Sitting out the weak evidence of the
commonwealth's witness for use when
the testimony is all in.
Wanted the Indictment ouashed.
After Critchlow had entered plea of
not guilty, Attorney w. J. Bremen
moved to have the Indictment quashed
and to quash the array Of jurors grand
and traverse. His reasons were that the
indictment was not found by grand
jury legally drawn, and that both the
grand and traverse jurors had been Sc
lected in an unlawful way. He said the
slips containing the names of men de-
posted in the jury wheel by Judge
Slagle were folded differently from those
put in by the two jury commissioners.
The judges slips were turned down at
one corner after being folded and the
jury commissioners at both corners.
This made it possible for the jurymen to
be selected from 800 names instead of
$500. He made no allegation that the
Jurors were so selected, but the fact that
the slips were folded differently was
sufficient TO raise suspicion and the
drawing of jurors should be above sus-
picion,
The court, he said, could have the re-
manning slips in the wheel brought be-
fore it, and could then see how easy it
would be to select either from Judge
Slagles 1000 names, or from the jury
commissioners 5000. The act of assem-
bly, requires the slips to be folded as
nearly uniform as possible, and these
were as unlike almost as possible. On
the grand jury, he said, 12 of the "a
were from Judge Slagle's slips, and on
the traverse jury 26 of the GO from the
same slips. He did not believe that
Judge Slagle knew anything about this,
and he did not know whether or not the
drawing had been unfair, but he did
know that it would have been very easy
TO make an unfair drawing had it been
SO desired
District Attorney Burleigh said it was
too late now to have the Indictment
quashed, as the prisoner had pleaded on
it. Judge Kennedy then said: We'll,
let your motion be filed and mark it
overruled."
Selecting the Jury.
Then began the work of selecting the
Jury. Twelve men were stood aside or
challenged for cause or peremptorily un-
til Peter Roth, "a stonemason, of the
Thirteenth ward, came. He passed
satisfactorily. They were called then
until the panel was exhausted and only
four were in the box. They were John
Heron, farmer, Shaler township; Amos
Marshall, farmer, Bethel township; Amos
Mashey, farmer, Marshall township, and
Christ Wygand, merchant, South Yer
sailles township. Those who had been
stood aside were recalled and these Sc
lected Q. S. Eaton, repairman, Nine
teenth ward, Pittsburg; Christ G. Sende,
bother, Third ward, Allegheny; James
M. Wright, farmer Ohio township; d. Il.
Herlebege, clerk, Reynoldton; w. A.
Freyvogel, wireman, Fourteenth ward,
Allegheny; Burns Wadsworth, mill
worker, McKeesport, and Louis Jack
man, machinist, Fourth ward. Ale
Bheny.
The commonwealth had four per-
Bmptory challenges. and exhausted them
ON the recall, and the defense had twenty
and only used seventeen. There were
fourteen challenged for cause, chiefly
for the reason that they had conscien-
tiOus scruples against capital punish
ment. John Dunn, Sr., gentleman, of
the Seventeenth ward, had an opinion
that the Homestead men should not be
convicted.
His Heart Would Not Let Him.
II couldn't do it, he said. my heart
would not let me do it; never could do
It," Nicholas Dale, of Sharpsburg, who
said he was a reporter occasionally and
wrote pieces for the papers, said he had
a fixed opinion; one that was formed on
July O. and had stayed with him ever
since. There were number of Miffiin
township men on the panel, but none
got near the jury box.
District Attorney Burleigh opened for
she commonwealth by stating that the
Ease does not differ from other murders,
and the iury's duty would be to find one
or -FOUR verdicts, murder in the first or