Rock Island daily Argus. (Rock Island, Ill.) 1886-1893, 1892-11-19
CRITCHLOW'S CASE,
First of the Homestead Murder
Trials Begun.
ARG0 ANDERWIN ooOLLY RECEIVED

The Sioux City and St Paul Volunteers
Apparently Not wanted-District Attor-
ney Burliegh, in His Opening Statement,
Lays Ont a Rough Road for the Accused
han to Travel Before He Gets Through
Safely-Summary OF the Testimony
PITTsBURG, Nov. 19-The first of the
Homestead murder cases came up for trial
before Judges Kennedy and McClung YES
terday Sylvester Critchlow, Homestead
striker. Is charged with the murder of II.
y. Conner, victim of the riot Of July 6.
Before opening court Judge Kennedy or
dered that all except members of the bar,
witnesses and newspaper men be excluded
from the court room. This order was a
great disappointment to the throng that
almost filled the corridors At 9:l5 O'Clock
Crltchlow was brought from Jail and placed
In the prisoners box. He is the picture of
rugged health, and wore neat fitting suit
Of clothes. He did not show the least trace
Of nervousness, chewed tobacco and chatted
pleasantly with the officers who had him in
charge
Volunteers Not Appreciated.
Attorneys ArgO, of Sioux City, and Err
VI ~ L tlll, accompanied DIV q stem
ographer, came early. 1t was a matter Of
comment that they were not very cordial
ly received by the other attorneys for the
defense namely Major Montooth, Thomas
M. Marshall, ST., William Brennan. Will
lam Reardon, and John F. Cox. The two
westerners sat considerable distance from
the council table and took no part in the Sc
lection of jurors; in fact were given no
chance to offer a suggestion or say a word
The prosecution is in the hands of Dis
trict Attorney Burleigh, assisted by d. f.
Patterson, John Robb, f. Y Breck, p. G.
Knox and Assistant District Attorney
Goehring
A Jury Not Hard to Obtain.
Critchlow pleaded not guilty and in
answer to the usual questions said be
would like to be tried by God and by
country" Brennan, for the defense. moved
to quash the indictment because the grand
jury, he alleged, was not properly drawn.
After some talk Judge Kennedy ordered
the clerk to file Brennan's motion and
mark it "overruled." 1t took from about
II a m. till 1880 p. m. to obtain jury,
which was pretty speedy work considering
the notOriety the trial has already achieved.
and then the court took recess
The District Attorneys Opening.
lJlSIilfI a
torney Burleigh began his opening for the
prosecution. After stating that the indict-
ment against Critchlow was for killing T.
J. Conner, July 6, 1892, and was out of a
number of indictments for the same offense.
he went on to say that the case differs in no
respect whatever from any other murder
case, except that there was one ingredient
which was not present in the usual cases;
the jury could find a verdict of guilty in
the nrst degree, in the second, of voluntary
mansiaugnter or acquittal Here Burleigh
explained what constituted the ingredients
OF murder and Of manslaughter. He said
that great care must be taken by the jury
not to mistake or confound malice with the
ordinary acceptance Of the term. He said
II the commonwealth proved that Critch-
low acted with savagery, with reckless dis
regard of social duty, with a mind fatally
bent on killing, malice is understood.
Broad Interpretation of Malice.
There was another element in this case
to be developed. The law says that malice
Of any one man toward a crowd of people
covers harm done to any one in that crowd.
This malice toward class is the same az
malice toward one. Also should several
persons discharge guns into a crowd and
only one man be killed, each and all of the
persons discharging the guns are equally
guilty Of murder. JSIt if original inten-
ton does not appeas and the defendant is
present, it is manslaughter even though
done heedlessly. One thing more. a riot is
tumultuOus disturbance against public |
peace by three or Hore persons. 1t must
be shown that the disturbance was ac-
companied by some outward violence or in |
tention thereto.