Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-11-13
CRITCHLOW'S TRIAL.
The First Homestead Murder Charge
Will Be Heard Wednesday.
LAWYER JONES' CASE DISMISSED.
The Court Eefines the Sheriffs Authority
to Make Arrests.
THE NEWS OF TILE COUNTY COURTS

The first of the Homestead murder cases
will come up for trial next week. On
Wednesday Sylvester Critchlow will be
placed on trial. Critchlow was indicted
with Hugh O'Donnell and the other strik-
ers. He was one of those for whom bail
was refused. He will be tried separately
from the other defendants.
Judge McClung yesterday handed down
an opinion in the matter of the petition of
Sheriff McCIeary to have Lawyer D. R.
Jones compelled to answer in court for al
legged incendiary uttera noes made at Home
stead. The Judge dismissed the proceed
ings against Attorney Jones.
In his opinion the Judge states that the
respondent by his answer denies the juris-
diction of the court in the premises, and the
Court is not prepared to sustain the position
thus taken. The petition involves All aver
ment that the respondent, acting in his
capacity as a member of the bar, and exert
ing the influence given him by being ac-
credited as such, in an excited community,
with intent to stir up riot and disorder,
proclaimed in public place as law that
which he knew not to be law, the result be-
ing that lawless persons were encouraged
and the officers engaged in preserving the
peace were embarrassed, hampered and
hindered.
Proof an Important Factor.
If these facts were admitted or proven, it
could not well be maintained that the
respondent had not been guilty OF pro-
fessional misconduct, and no one would
deny the right of the Court to take away
from him the certificate OF professional
standing which gave weight to his words
The Judge then continues as follows:
''The respondent, however answers to the
merits He denies by his answer, and by
his oral testimony, that he used the Ian
guage attributed to him, ard AYERS that he
simply presented to the magistrate what he
believed to be the law applicable to the
particular case with no view to its effect
upon outside parties. If this is the fact we
would not, OF course, think of calling him
to account at the bar of the court, even if
we were satisfied that he was mistaken in
his view of the law"
After referring to the denial of Mr. Jones
OF any intention to do wrong, Judge Nc
Chung says: ave are pleased to be able to
say that the investigation has confirmed us
in the opinion that Mr.. Jones is too intel
ligent lawyer to believe the law to be as
he was understood to have stated it, and
too good citizen to promulgate as law that
which he knew not to be the law. He
AYERS that he was misunderstood BY the
magistrate, by the Sheriff's officers, and bv
the crowd in and about the magistrates
office, and we are convinced that this is to
great extent, at least, the fact. We are
satisfied that Mr.. Jones did not wi1fully
abuse or misuse his credit and privilege as
member of the bar. Doubtless in the
heat and excitement he stated the law more
strictly against the right of the Sheriff to
act summarily than was justified"
Rights and Duties of the Sheriff.
After some more remarks in the same
strain the Judge explains the rights and
duties of the Sheriff He said the Sheriff
was given special charge of the mainte-
nance of the peace of the bor-
ough of Homestead and vicinity
and that there could be no
doubt that his deputies have all
the right to act in summary manner in
suppressing and preventing disorder. The
Judge concludes with: "We are too far
along in civilization to foreso the advant-
ages of civil government, and the govern
ment which cannot maintain order must be
by one that can. The Sheriff
should understand that he has not only the
right, but is at his peril bound to keep the
peace. Having this duty imposed upon
him he has right TO do that which is neces-
sary to accomplish the purpose contem-
plated. The rule granted in this case should
be discharged, and it is so ordered"