Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-07-20
BURGESS N'ruCkrn RELEASED.
He Gave sio.oco security for HIS Appesr-
for Trial.

snce for Trial.
PrrrsBuRe, Pa. July 20.-Burgess McLucsie
has been released on si00 600 hail. but the de-
cision In this case will not apply 90 Hugh
oDonnell and the rest Of the strlkerS for whom
warrants have been issued but who have failed
20 surrender. and all OF them viii be compelled
20 take their innings before the court Judge
Magees court room was crowded Go the corri-
dor this morning by laboring men Of this city
and Homestead aud Burgess McLuckie. Who
was brought across the bridge Of sighs" from
,he county Jail and placed in the prisone-s' box,
held something approaching levee until Judge
Magee. who was accompanied by Judge Porter
took his seat upon the bench.
IL had been anticipated that counsel for the
oa-negies would resist the application 20 give
McLuckie his liberty. and there we're con-e-
quently many murmurs Of surprise when as soon
rs the case called. District Attorney Bur
leigh arose and said. that having carefully gone
through the evidence with the associate counsel
for the state. he conceded that McI.uckie was
entitled 70 his liberty. 1nssmuch. however, ~
the ohense was one Of considerable gravity.
and in view OF the present situation IN the To-
cality: he felt justified in asking that the bail
should be ample.
Il have carefully looked into this matter"
replied Judge Magee. and do not consider
first degree. But the Law. as read it makes
everv one who stands idly by during q not and
without making an effort TO suppress II guilty
OF riot and a rioter. and he becomes responsible
for the consequence. whether they be destruc-
tion Of property or life Where life is DESTROYED
he becomes answerable in the degree Of killing.
to be determined by the Law whether IL be first
or second degree. But II the commonwealth
wishes 20 make any Of these cases those OF the
first degree il will have TO show willful pre-
meditation"
On behalf Of the defense Attorney Coz sue-
gested that the decision in McLuckie's case
should govern all the rest of the accused men.
IN order that they might surrender and give
bail. Neither the district attorney nor the
judge, however. were willing 20 concede thi.
much. The former said that the other men
were. 80 far. fugitives from Justice while the
court held that all the cases might not be alike
suppose. be said. that any of these peo-
pie got into trees with sharpshooters and picked
of their men with deliberation. would they be
entitled TO any consideration in the matter OF
bail? 1 think not"
"All the men for whom warrants are out are
ready TO surrender and give bail" suggested
Attorney Cox.
The court can consider no case that IL not
before IT. said the judge peremptorily, and
that ended the matter
McLuckie's bail fixed at slo0oo. Owen
Murphy and Oliver c. Kinton. two residents OF
Homestead. qualified after being put through
a rigid examination by the district attorney and
McLuckie was then released. The crowd filed
out OF the court room and gave him a cheer -
he hurried away 10 catch the first train for
Homestead-
In an interview with Attorney Brennan be
said that warrants would be issued very soon
for the arrests Of Frick and Lovejoy. They will
be prosecuted. He did not say what would be
done about Andrew Carnegie II il not thought
that Frick and Lovejoy win be arrested to-
day.