Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-05-08
GIVEN TO THE JURY
Twelve Men Consider the Gases
Against Commonweal Leaders.
CLOSING UP The ARGUMENTS
Mr.. Bimey WAKES Sarcastic Over
Defendants and Counsel.
JUDGE MILLER'S CHARGE

There was a magnificent bunch Of roses
and lilies on Judge Milers desk this morn
ing in honor of his reappointment to the
bench. an occurrence which has given the
81 eatest satisfaction to the members Of the
bar and the citizens Of Washington general
ly. barring only the criminal element Carl
Browne had doffed his blue summer suit
that he wore yesterday and appeared once
more in his fcmiliar and characteristic
leather coat. corduroy trousers and high
bocts. These were the two most noticeable
I features this morning In the trial OF the
three Coxeyites in the Police Court
Yesterday afternoon after The Stars re-
port of the trial concluded the arguments
to the jury were begin. The opening ad-
dress made by Assistant District At
torney Mullowney who contended strongly
/ that as Coxey was the leader OF the move
ment of which these events were the out
come. his was the greatest offense against
the law.
Representative Hudson of Kansas. who
began for the defense, said that IL was plain
that the defendants We're not tried for the
technical charges against them, but because
they held political opinions contrary TO the
opinions Of those in power.
These men are not being tried for step
ping on the grass" he argued. The dis
/ trict attorney will argue TO you against MIR.
Coxey himself and the COxey movement"
Mr.. Hudson was followed by Mr.. A. A.
Lipscoiab. also for the defense, and then
the court adjourned.
1t was expected this morning that the
case would go to the jury before noon. and
the result was that every seat In the court
room was occupied, and there were a score
or more Of men standing around the walls
when the court was opened.
! Representative Pence Concludes.
Representative Lafe Pence. the meteorie
member of Congress. made the final address
to the jury for the defense commencing q
few minutes after 10 O'Clock. In opening he
remarked that. with the possible exception
of the lawyers for the government no one en-
tertained any serious idea that a conviction
could ever be secured in this case The evil
dence. ne said. did not make IL even pre-
sumable that an offense had been COM
mitted. and before the jury could bring In
verdict against these three men they
must be satisfied beyond a reasonable doubt
that they were guilty.
] The burden of proof lies upon the govern
ment in this: they must show that Browne
and Coxey were guilty of such a heinous
onense as stepping upon the grass. IL did
\ not rest upon the defense TO prove that they
had not done it, The weight OF evidence all
went to show that Browne did not go upon
the grass. while all the evidence in the case
proved that Coxey had made his way from
/ his carriage to the Capitol steps over The
asphalt. and did not go upon the grass at
all. The presumption in this. as in every
other case. was in favor OF the innocence OF
the three men ON trial. not against It.
1 Mr.. Pence arraigned the attorneys for the
| government in severest terms for what he
called their Inconsistency in not trying
! Browne upon the charge on which he was
4 put under arrest, that Of disorderly conduct.
and assault and battery. He charac,erfzed
the prosecution Of Browne. Coxey and
Jones as on par with the most con-
temptlble prosecution under the meanest
ordnance In the pettiest burough In any
land instead of a prosecution in the name
OF this great land of the free. There VAS
something back Of this case that dic not
appear on the face of IL. :
1 MI Coxey, the lawyer said had a hnan
car scheme that he thought would relieve
the condition Of the unemployed of the
United States. and there were many thou
SANDS VINO believed with him. Ii might he
the wisest scheme that had yet been forrnu-
lated. or 1t might be the most foolish but
whether IL was the one or the other he had
/ as much right to present il 10 Congress-.
win the petitions in favor Of IT, as mad the
aoVocates CT high protective tariff OF OF
/ free trade.
Not Appreciated Here
We In the District Of Columbia. Mr..
Pence said, can have no just idea of the
state of affairs that prevails throughout
the length and breadth OF this great land
/ We are residents Of a city that depends
for its financial backing and support upon
a government which never passes a pay
I gay Inc only men who are out of emplOv-
ment here are the men who have held Of
/ fee in the departments and have lost their
positions, and the men who have been in
/ the city during the whole Of the present
administration Nainly waiting a chance 10
squeeze their way in. Yet there is wide
spread distress all through this country. and
any honest effort that is made TO relieve
this distress should receive support and not
rebuff.
| Mr.. Pence Their went on in eloquent terms
| TO speak OF CoNey and his associates as
law-abiding citizens who desired to trans
gress no statute. Mr.. Coxey's efforts TO
secure permission for his parade and the
meeting the Capitol steps evidenced tho
fact that he wanted TO do only what was
| right and proper. He drew a sharp con-
trast between the reception that is given
every day to paid lobbyists. who come here
/ to influence legislation. and that which was
accorded TO the members OF this army OF
! the unemployed. For the lobbyists the
4 doors of the clubs. OF resorts, and OF the
theaters are thrown wide open Yet these
men who followed CoNey TO this city. whose
1 only offense is that they were poor, that
| they walked through heavy SHOWS and
slept under no blankets, find open for them
| orly the doors of the jail, which was built
/ out Of the taxes levied upon themselves and
| the other workingmen OF the land. In clos
/ ing his address, Mr.. Pence urged that there
was nothing TO show willful intent on the
/ part of the defendants TO commit any
/ crime. There could surely be no offense N
carrying a little white rag on which was
painted the words of hope and promise:
! Peace on earth and good will TO men"
He felt sure that when the history OF this
great movement on behalf OF the laborfng
| classes comes 10 be written, il shall not be
/ said that twelve honest men Of Washington
met them with inhospitable arms and con-
| signed them to Jail for their earnest Efforts
4 in the line of what they thought was right
MIR. Birney Infcr~ Motives.
1t was IL O'Clock when Mr.. Birney began
the final address TO the jury for the gov
| eminent At first he spoke quietly but
firmly, but gradually warmed up as his
argument progressed. He commenced by
reading the act Of 1882. under which the In
! formation against these defendants was
drawn. This act was drawn not 10 nj this
case but for all similar cases, and was IN
| tended not TO work hardship upon any
| one hut solely TO preserve arder and good
! conduct. IL was simple police ordnance
| intended to protect the grounds arouno the
| Capitol and there could be no DOUBT mat
! these men had violated this ordinance
| which forbade men TO carry banners INTO
! the Capitol grounds or TO walk upon the
/ grass and break the shrubbery. IL was
very simple case. but the defense had sue
ceeded in dragging into IL much eNtraheous
matter. -
The able Senator from Nebraska had
/ come into this court room ard, raising ms
| towering form above them all, had looked
| over the heads of the jury, out TO the
bounding prairies OF his adopted state, ana