Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1892-11-23

MS opening ADDRESS maQe TO tne Jury Tn
day before that everybody was surprised
. and the impressios was formed that it wa
done by design.x
Tribute From Mr.. Marshall.
'That is the greatest speech ever deliv
cred in this Court House," remarks
Thomas M. Marshall at its conclusion. &c
want to retire from the bar now, for hav
!. been snuffed out"
Ex-senator Lee, of Franklin, said Mr.
Erwin was very adroit, and master of al
the oratorical arts Major Montooth, W. J.
Bremen and John f. Cox were greatly
tickled. "1t was great speech" said the
Major.
AT times during the address Mr.. Erwin
waved his long arm toward Mr.. Robb as he
paid his respects to the local criminal law.
yer He had a modest way with the jury,
and took them into his confidence
w. M. Erwin commenced his speech BY
complimenting Judge Kennedy. He
said:
May it please the Court, for the counsel for
aeIense, Tor Mr.: Argo and myself, desire to
| thank you for the fair, impartial and dignf-
ned @ manner in which you have presided in
place on the bench
Continuing, he said:
Lawyers consider the trial of cases as
| great battles. Instead of treating them with
| calm adjudication as you should, they often
use the arts permitted by the latitude of the
courts TO acqu1t or correct, and SO you have
| just witnessed an attempt to carry your
consc1ences by storm. If he has succeeded,
Inen @ Ihere Is no use for us to say a word
much effect. In the quiet of the jury room
you won't be swaved by plausible eloQuence
1ou must try the case according to the
Jaw ia ana the facts II the true causes that
fore you. except such as rises from presump-
ton, hold 1t extremely unfortunate for
the republic, this State and city. When the
news OF the Homestead riot was flashed all
over the world, after the applause Of enthu-
sfastic admiration for the noble resistance
nae had Eassed away, the world paused for the
JuoiclaI inquiry, and the world to-day waits
at the other end of the wires to see how it
has been done.
Confined Closely to the Issue.
You are now put into o narrow place, iron
bound by the testimony. You can presume
nothing except what is legal and permissi-
BILE in courts of justice. We of the defense
ara not responsible for this contraction. A
man in these courts is only permitted to de-
fend himself against the testimony adduced
That rule is so strong that IL evidence were
put in to show that Que OF You fired the fatal
shot, the courts would not permit
you to prove that somebody else did It,
ths ssnes s to try
open the case wider, but we are not per-
mitted.
am not here to befog your minds. to
help you honestly. l would not be in your
places for the world Duty alone would
force me into that jury box to try a man for
his life. There must not be a shadow of q
guilty. Someone has said that the law
stands around a man like great protecting
shield Of innocence. and the prosecution
very weight bends him backward to the
ground. 1t is better for the country that 80
guilty persons should go free than that one
your intuitions are so aroused that you
do not feel the guilt there is a
reasonable doubt. So sacred is life
who accuses that the evidence shall be such
that every juror feels he is right when he
gives his opinion. As some of you recently
waste your time stating the limitations that
surround you and the prescriptions Of evil
dence.
Limited by the Prosecution.
Last July there rang out on the shores of |
Homestead the sound of a battle. You can't |
presume that there was discomfort or q |
strike in the town. That is not in evidence. |
Here we were limited by the prosecution.
We were not permitted to show that this |
IL Y
foreign force to invade the town. 1t was I
read from the books this morning that every |
man who had gun that day was respon-
sible. Ipoint you to the Constitution of
people always have the right to bear arms
in self-delense. You know there
were ~si,eren crowds Of 4. men, women and
river, but you don't know it from the evf.
dence. That you can only infer You know
that the men on the boats did not live in the
State. know q NOT q |
particle of evidence to show, that they |
were watchmen. In narrowing the scope
to bring out the commonest things neces-
sary for your information. 1 challenge you
to show me in the evidence where it ap- |
pears that the Pinkertons were guardians.
Nothing was said about the bank around |
Homestead or whose shore it was but you |
10 know that on the bank of that river were |
gathered the common people. You know,
.oo that the cloven foot that provoked this
was carefully hidden from you.
The testimony in this case does not show
{. You only know that the blackest name
,nly know that Frick, whoever he may be- |
Ola ced armed men on the barges that went |
o Homestead. You don't know why he
lid it, unless you go on the stand and testify |
o it.
What the Evidence Failed to Show,
There is nothing in the evidence to ex-
lain this most unwarranted, reasonable
ct. You only know that the boats were
upplied with men, arms and food by this
reat quartermaster Frick. You do not ,
now how he justifies his conduct. His OBJ | ,
ect must have been so black that he did not
are to bring it out in the evidence. Isn't | ,
hat important? ,
The great question that you must ask
ourself is, was this battle at Homestead {
lot, or an unauthorized invasion. If you
nswer that it was an invasion without eX-
use that is the end of it, for the people
ever delegated away their rights to resist
rmed invasion. 1t needs no mandate of !
ont see how you can escape from :
his position, that whatever was !
one at Homestead was in resisting armed :
INVADERS. 1 would like to have gone into !
ons but that is denied us. All you can see |
that Frick armed foreign-born men, tor !
ign to your State, steered them stealthily !
y night past your city, and they fired upon :
tead. The learned gentleman who tried to | }
AIRY you by storm, neglected to state these 7
before the gale began. He !
ried to blow the gale himself ana became | .
oice and gesture before you. He neglected Y
D say to you that If Frick hadn't sent =
rmed men to Homestead there never would 1
ave been a riot. He winks at you and ex-
ects you TO fer that. Great Godi Did | T
ur fathers at Lexington infer that they 7
ere oppressedf
The presumption is that the people always a
ct right and you are bound by it. Unless t.
ere wrong, you are bound byit. How much 4
Ifer it is to presume that your people were =
ght rather than the armed invaders. Since
icy have left that to presumption, you
lould follow your patriotic feelings.
Riot or an Invasion.
Now under the evidence was it a riot or e
vasfonT The right of the people to the