Barton County democrat. [volume] (Great Bend, Kan.) 1885-1915, 1892-12-01
ACQUITTED.
Striker Critchlow Not Proven
Guilty Of Murder.
The Presiding Judges Definition of Riot
= and Murder-Exceptions OF Counsel
The Defendant Held on
Charge OF Riot.

ShArko Oh nIOts
PITTSBURGH, Pa, Nov. 24-The trial
OF Sylvester Critchlow, charged with
murder in connection with the Home
stead riot, was brought to close last
evening by the jury bringing in YER
dict of acquittaL Owing to the hour
at which court convened there were
not many persons present when the
jury fled in. The prisoner was not re-
leased, he having yet to answer the
charge of riot
When court convened yesterday At
torney Marshall delivered his address
for the defense. He was followed by
District Attorney Burleigh, who closed
,he case for the prosecution. During
his speech he said: "You munt take
fhe law as the court will give Il to you
The defense states he was not on the mill
property that day. If this is true, why
In the name of common sense don't they
stand on that line? If this is true, why
IS all this time wasted in talking about
an armed invasion of the sacred soil;
why was the time taken to argue the
rights of labor? If Critchlow was not
there that day why need he care in his
defense to show who first fired the
shots, or anything else? The fact that
they went outside of the abb and at
tempted to justify the murder, shows
that they have no weight in their plea
of ahbi. If he was not there that day
why need he care who commenced the
trouble or who owned the property? If
ne was not there he clearly is not
guilty, and were this plea of alibi hon
est they would stand on it alone.
Il say Critchlow was IN the mill yard
when Connor was shot. Six disinter-
ested witnesses swear the defendant
was in the mill yard that day with a
gun. If it was Harrison Critchlow who
was in the mill yard that day. and who
the defense says was mistaken for the
defendant, why did not they produce
him? Why did not they put him on
the stand and let him swear he was the
man who was mistaken for the defend
ant? Had they done this we could not
have gotten over it. 1t would have
ended our case''
Mr.. Burleigh devoted over half an
hour to the question of a1ibi and
claimed the witness for the defense who
attempted to prove an alibi had not
told the truth.
AT the close of the district attorneys
address, Mr.. Erwin asked that the de-
tense be allowed an exception to the
tr1lthfulness of the following: ''That
the Pinkertons went under any sheriff
or officer; that Lovejoy or Potter had
any right to enter upon said property;
that the people opposing the landing
were i'll advised; that they expected to
meet the sheriff by appointment and
we ask the court 20 so charge"
Judge Kennedy. in his charge to the
jury, said: I'm answer to the request of
the counsel for the defense just as we
closed before recess. l will say, you
must not take the statements of coun-
sci unless these statements are war
ranted by the evidence"
The court then defined murder and
its various degrees and what constituted
each of the grades. Referring to riot,
the judge said: IA riot is the tumultuoSs
sembiing of three or more persons for
an unlawful purpose, and all persons
who are present and not attempting to
suppress 1t are prima facie participants
and principals. and any one who joins
the rioters after they are assem- bled is
equally guilty. There are no a;ders or
abettors; all are principals and all
guilty of the acts of such riots. When
mon design all are guilty of the murder.
If there i evidence that the riotcr, had
determined to take life in order to carry
out their object all are guilty of murder
in the first degree.
IF the jury be satisfied that the de-
PENDANT took par: in the lio.5 of July 6,
which resulted in the death of 7. j.
Conner, and that it WAS the common in
tent of such rioters to resist the lanl-
ing of these men on the bLrreS to the
extent of taking life, then he is guilty
of murder in the first degree, as are all
who took part in such riot. If You be-
Ieve that there was no malice, that the
killing was done in the heat of combat,
then you convict him OF InauSlaughter.
If you believe these rioters met for i
common purpose, to resist this landing.
but not the extent of taking life, then
gree could be rendered.
The court then rendered the defini-
ton of alibi and the close scrutiny
which should be given to it. The de-
PENDANT is entitled to all reaso aable
';oubt. reasonable. fair doub. arising
nut of the evidence submitted, not from
Lnyshing outside the case"
He closed ct 3:25 and the jury re-
tired
Critchlow, however, was held on the
sharge of riot He will probably he
granted bail to-day