Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-12-29
NEWMAN Is CLEARED.
The Jury Out but 10 Minutes in the
Homestead Shooting Case.
He AND COYNE HAD A SCUFFLE.
Before Firing the Fatal Pullet He Shot
Into the Ceiling.
FEARED AN ATTACK FROM STRIKERS

After brief but interesting trial, Max
Newman was acquitt ed yesterday of the
charge of numbering Thomas Coyne in a
boarding house in the Carnegie mills at
Homestead ON the night of November IA.
He was also acquitted of the charge of in
voluntary manslaughteL The jury was out
but ten minutes on the case,
District Attorney Burleigh represented
the Commonwealth and opened the case,
and Thomas NJ Marshall and R. B. Scan
drett appeared for the defense Mr. Bur-
leigh argued that the shooting was entirely
unwarranted.
1t appeared that Newman, who is about
% years of age, was working in the mill,
and on the night of the shooting retired to
his room about o'clock. About midnight
he was awakened by Coype, who was in the
room. Newman ordered him to leave, and
when he refused the two men got into
fight Newman, fearing he was going to be
killed, shot the intruder.
DR.. Weible was the first witness called.
He is physician at Homestead, aud has
been there since July. He was called
few minutes alter Coyne was shot, and de-
passed through the brain. DR.. McCandless
made the post mortem examination, and
corroborated DR.. Weible
First Shot Into the Ceiling.
Earnest Pusey, one of Newman's room
mates, described the arrangements of the
room where the shooting occurred. After
Newman had shot into the ceiling the wit
ness saw Coyne run toward the defendant,
nd Rha,y 1a6
Newman shot Coyne in the face and he fell.
Before the shooting the witness heard New
man warning Coyne to get away and threat
ening to get policeman if he did not go. |
At the afternoon session Coal and Iron |
Policeman Kellerer identified the revolver |
taken from Newman. and said the defendant |
had told him he shot through the ceiling |
and then shot again, but he did not know
Coyne had been shot until he fell.
Mr.. Marshall then opened for the de-
fense. He claimed the shooting was done
in self defense. He described the scuffle in
the room and contended that as Newman
feared great bodily harm, he had perfect
right to shoot Mr., Marshall denounced
the acts of the union men on the outside
who had made threats against the men in
the mill, and he said it was by reason of
these threats that the defendant thought
his life was in danger.
Newman in His Own Behalf
The defendant was the only witness ex-
amined in his own behalf He told his story
in straightforward, convincing manner.
He said he went to bed about'9 o'clock and
about - o'clock he was awakened by blow
on the head. He jumped out of bed and
called out: "Who are you? What do you
want?" Coyne ran around the foot of the
bed and went toward Newman The latter
told him to stop. Coyne kept on moving
toward Newman and he shot into the cell
ing. The defendant then said: "Coyne made
/ rush at me, and 1 fell back against the
wall. was badly scared and I hardly knew
what was doing when I fired. 1 thought
It was an attack from the strikers"
This finished the testimony and it was
agreed to submit the case under the charge
If the court Judge Slagle charged the
ury very briefly, explaining the various
legrees OF murder and citing the law. He
eterred to the evidence and intimated that
he verdict should either be one OF second
legree or acquitaL
The jury retired at 2:45 and in 10 min
ties returned verdict of not guilty and
olacing the costs on the county. The de-
endant was then called up and discharged.