The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1892-07-21
MLucKlE lN COURT.
He Presents u Petition to BE Released
on Bail--The Charge Unfounded.

on Bail-The Charge Unfounded,
PITTsBURa, July 20.-The second
movement in the legal battle between
the Carnegie Steel company and the
strikers was made yesterday when APP
plication was heard in quarter sessions
court for the release of Burgess Nc
LucIie on bail. He surrendered Mon
day evening and spent the night in Jail
and yesterday was brought into court.
w. J. Brennan appeared for Mr.. Nc
Luckie and District Attorney Burleigh
represented the commonwealth.
Mr.. Bremen was one of the first at
torneys to obtain the attention Of the
court, He at once presented the petit
ton of John McLuckie, asking to be
released from Jail on bail, having been
committed there on charge of murder.
The petition reads as follows:
Commonwealth of Pennsylvania, county
Of Allegheny. Commonwealth VS.. John Nc
Luckie.
To the Honorable the Judge of the Court of
Quarter Sessions and Oyer and Termincr, in
and for the County of Allegheny!
The petition of John McLuckie respectfully
represents that he Is a citizen of the county of
Allegheny and resident of the borough of
Homestead, in said county, and the duly
aforesaid. That on July IS, 1902, one F. r. +.
Lovejoy appeared before J. V. McMastcrs, an
alderman of the city of Pittsburg, and made,
under oath, an information against your pc
titioner, charging him with the crime of muir
der, alleging that on, to wit, July g. 1892, in tho
township of Mifflin, in the county of Alle-
gheny and state of Pennsylvania, that Hugh
O'Donnell, John McLuckie, Sylvester Critch-
low, James Flaherty, Samuel Burkhart, James
Flannagen and Hugh Ross did kill and murder
one Il. j. Connors, and in another Information
alleging the same facts and charging the same
parties with the killing of Silas Waine, a copy
of the said information is hereto attached and
made part OF this petition.
Your petitioner AYERS that he is not guilty of
the crime charged, and that the charge Is not
even made in good faith; that 1t was and has
been his endcavor to preserve the peace and
that the said complaint is unfounded.
Your petitioner therefore prays your hon
orabe court to grant him a hearing that the
charge may be investigated and that its char
acter and nature may be determined -by your
honor and that your petitioner may be adj
mitted to bail in a reasonable amount to an
swer the said charge of murder at the Sep.em-
ber sessions Of this court If so required, and he
will ever pray.
Judge Magee listened to the reading
of this petition and at its conclusion
said:
IL Is TdUneT UNUSUAL IOr us 10 nOlu u
hearing to release on bail before the
magistrate has finally committed the
prisoner to Jail for trial at court.
Mr.. Bremen tried to convince the
court that the present was the usual
way and finally District Attorney Bur
leigh interposed by suggesting that the
hearing before Alderman McMasters be
waived and time fixed for hearing
on this petition, at which hearing the
prosecutor should be given a chance to
appear.
This suggestion seemed to meet the
favor of both the judge and Mr.. Bren-
men. The latter then suggested o'clock
yesterday afternoon as proper time,
and called upon Mr.. Robb, who was
present, and who is one of counsel for
the Carnegie company, TO consent
thereto.
Mr.. Robb said he could not consent to
the hour, and thought it was too soon.
He knew Mr.. Lovejoy would have sew
eral witnesses. Finally the hour of 9:3O
o'clock Wednesday morning was agreed
upon, and the hearing will take place at
that time.
Judge Magee would make no order,
however, saying the court would hear
the application at any time, but would
give both sides chance to be heard.
Mr.. Bremen and Mr.. Cox at once
went to the office of Alderman Nc
Masters and waived hearing.