Butler citizen. [volume] (Butler, Pa.) 1877-1922, 1893-02-10

1T opinion hereafter. In the other case
that plea was put forward through mis-
take of the prosecution.
Judge Stowe-If you mean to show
that these people on the shore were unable
IL get away, all right; but they had no
right there and there is no justification for
them committing murder.
This row between the court and MI br-
win created no little stir in the court room
Al is conclusion the examination of Capt.
Coon was continued. II Hs did not see Cliff
ford about the mill
John Saulier was down at the landing
when the fight began 4 Pinkerton came
down the gang plank and struck u oiaV on
he cheek with an oar. Then there was q
shot, followed by number of others, from
all along the barges. The strikers were
gathered about the foot OF the gang plank
and the first man who came down from the
boat seid: "Now gentlemen, get out OF
the wav We are going into that mill II
Se have to wade through blood knee
deep"
When the firing began the witness turn
ed to run and then stopped to pick up
nan who had fallen. In doing so be was
shot twice in the leg aud had finger taken
off
Mrs NJ. Finch, Homestead widow,
said she went down to the boat about
o'clock and asked the rivermen on the
boats not to take the strikers places
Then she turned and started up the bank
A shot was fred and she fell from fright.
1oh S. Gray and Richard Heartwell cor
roborated he previous witnesses.
Charles Stewart was called but was not
present. Mr. Erwin explained to the
court that he wished ''to prove By this wit
ness that there was 10 unlawful assem-
blage there that day and without that
there could be no riot This is the cardin-
al principle of English Law"
Judge Stowe-That is not the law OF
Pennsylvar ia. / suppose this is an at
tempt to get IN some of the stuif l have
ruled ont.
Mr.. Erwin-No, your honor, it is new
point | want tn prove that Mr. stewart,
as a peace officer. went there at the re-
quest of all the people of Homestead to ar
rest the men on the boat tor murder, and
they defed him. He was also to arrest
the striker Tor any unlawful act.
Judge Stowe-That Is enough. VIII
not hear any more.
Mr.. Erwin-Then 7 will read my offer.
Judge Stowe-No you won't. You can
| file your objections.
Mr.. Erwin then asked to be permitted to
read the names of about twenty witnesses
who would prove the above fact. he was
permitted to do so and then said: 81 wish
| to offer in the bill of exceptions before we
appeal to the supreme court that tnls Is
NOT a fair trial-lhat our witnesses were
not allowed to take the stand
| Judge Stowe-What good will that dol
| Mr.. Erwin-Slmply to let the supreme
court know that we did not reject L e
point.
| Following this collision several witnesses
| were called who told nothing that was not
already known. Attorney Erwin then an
nounced that he desired to 60 on the re-
cords that the offers he has made in this
case we're for the dual purpose of proving
| justification and reducing the degree of the
crime to that of involuntary manslaughter
| Mrs. Maria Lewis and Stella Crawford
| both testified that they were on the river
bank before the beats landed None OF the
men on the bank were armed except with
sticks No shots were fired from either
bank. but there was continual flre from
the steamboat and barges.
Mary Malloy testified that Clifford came
to her muther's house on Nineteenth street
| ut O'Clock on the night of July aud re-
meined until after IL o'clock the day of the
fight she was corroborated by her sister,
Nora MsIloy and by Charles Stewart, who
saw Clifford coming from the direction ot
the Malloy house, and by Thomas Williams
who saw him leaving the Mailoy house
about IL o'clock in the morning OF July D..
The last witness became badly confused on
cross examination and admitted that he
did not remember seeing Clifford that da'
until Mrs Malloy asked him about 1t a"out
three months ago.
Tuesday morning P. AcElvoy, of the
lAmaigauated Association testified co see
ing Clifford at Headquarters at 2 P. NJ. OF
July 6.
Then a consultation of fifteen minutes
was held by all the attorneys for the de-
fense, the others by this time put 10 an ap
pearance 1t ended by Mr.. Bremen call
lag the defendant tn the stand. Clifford
was sworn aud took his seat in the box
in answer To the question he said he was
IN the Homestead works the day of the
fight as police officer. having been sworn
10 as a special He denied being in or
about the mill between m. aud II
O'Clock noon. On cross examination BY
Mr.. Burleigh be said he was sworn in
about July I'd by Squire A. Kuhn.
This was all the questions put to him:
Stella Clifford was recalled and said she
met Jack on the Pittsburg, MoKeespart d
ghiogheny tracks, opposite his board
ling house, about l O'Clock. and again
about O'Clock on the Pennsylvania tracks
The defense then re ted its case.
Mr.. Marshall submitted two points which
he desired the Judge TO incorporate in his
eharyes They were: "Firsu-The indict
ment charges that I. j. COnnors was
wounded at ll;30 a. M, and if The jury L.
satisfied that the defendant was not partic
ipating and was not party when the
| shooting was done he cannot be co victed
Second-If The jury is not satisfied thai
prior TO the shooting of Connors the de
fendaut was handling or using the gun, ht
cannot be convicted
The second point was objected To by the
comm onw eallh, and then John s. Rnbt
opened the arguments tn the jury for thai
side, and he was followed by Erwin and
Anderson for the defense, and Burleign f0l
the prosecution.
Judge Stoves charge was lengthy and
in il he said: Much has been said ano
urged upon the court in your presence II
regard TO those opposing the landing OF the
men being justified or excused for thel
conduct because the latter were guilty o
such acts of misconduct and outlawry a
justified them being shot. This we have
excluded from the case simply because tht
time has not yet come, II 1t ever does
when men may be shot down By dissatis
fled strikers because they have undertaken
to work in the mill or been employed &
, sent. And it makes no difference as far al
this case is concerned whether they are so
, called Pinkerton men or non union men il
disguise.
This attempted defense is eliminated
from the case The fact that those men
; the Pipkert)n men, may not have KEEP
within the legal authority IN undertaking.
: to overcome the resistance of those Oppos
; ing them does not excuse the latter.
thew had stay ed away. as it was their duty
to do the conflict between the partie'
which took place could not have happened
and many who on that 9th of July found {
| bloody death ON each side would, so far a.
this case is concerned, been alive today
Ii is To prevent just such deeds as those
which trapspired on that day hat the law
. refuses To cundnne me violation of law by
one person or party by showingthat anoth
er opposing person or party at the same
time also committed a similar offense i
one riotus party comes in conflict with an
other riotous party one cannot defend it
conduct by showing that the OF er wa:
5 Just as bad or worse than it. All alike art
, violations of law and alike liable to punish
) ment.
ave say to you that there Is nothing il
the evidence which shows the acts of these
men on the shore st the time Conlors wa,
| killed ia shooting and using other mean,
to.ipjure or kill The men on the boats, wa
excusa5e by way of seIf-defsnse. They
bad no right to be there in the first plac
, and beside they had plenty of time and op
portanity so far as the evidence shows Il
! get away { ON danger from the boats be
: fore the mau was shot.
, alt there was a riot on The part of thesf