The sun., 1894-05-05
Gry. COXEY'i TRIAL BEGUN.
o,,oYs 10 0UASH 1HE COMPLAINT
n, ,tED BT JUDGE MILLER.

., s.,.,or Auen Arguss thst the
U,d.r which the Arrest Wss Made
r.s,,.tItu,ionsI-Pon uii-t Coueress-
r.,c. OF Colorado 60 Dsf.na Cozey.
-r..u,xorox. May 4.-The trial Of Jacob g.
commander Of the Common veal Of
SVA., SA'.,.y carl Browne, It's chief marshal. and
..i.,,,bsr columbus Jones. leader OF the
D,,sJoirbia contin gent was begun IN the City
~. Coutt to-day on the charge OF violating q
luI.,l,sd lu't states statutes In unlawiully dis.
wv '.,rs , banner or device in the Capitol
pN,'i p,,o'is and IN stepping on the turf The case
.s,lled at D o'clock and at that hour every
", In The corrt room WAS occupied.
n, Andrew Lipscomb. formerly Assistant
r,.,,,,, Attorney, who had been teta ned hy
-. Attendants opened the case by filing q
titan 10 1uash the information against the
s.,scdapts on the ground that the law under
uh.b they we're charged was void. in that 1t
.,nL,tited the constitutional right Of petition
a, redress OF grievances and conferred on
~. sneaker Of the House and the President Of
,hs senate certain prcrogatives contrary to
the Constitution
samuel Lyman, who appeared for Browne
and Jones. moved to uuash ON the ground that
IN. Information was bad In substance. This
occ.s,oned n spirited discussion on the aues-
,,on whether the two statutes in regard to
,respass on the Capitol grounds were not con
dieting. It was held BY the defence that the
nolcs court had no jurisdiction In such a mat
a, Mr. TipAcomb contended that it was not
ioibidden to do the things charged In the In
iormation even in the District OF Columbi
Senator Allen then arose ana said that he
aid NOT aprear Hs an attorney. but merely to
s .sS that the men on trial have a fair and i'm.
partial hearing, which he was sure would be
accorded them. He argued that Congress
vas 10 derend upon the judgment OF some
other ranch OF the Government or some other
Individual Congress might as well give power
Russia as to confer II upon the lce-P Presi-
dent or the Speaker OF the House OF
Representatives. who were mentioned In the
power or license to pass through the Capitol
grounds or carry a banner. He contended that
he o. the GS Ss
held that the law under which the Information
was charged was unconstitutional. The power
d dress of their grievances carries with W Il the
Irresistible Implication thnt the right 10 as
semble is at the seat of the Government.
Congress by staying in Pennsylvania or any
Judge Miller interrupted to say that no man
to recognize that he had a right 10 petition
Congress for whatever grievance he might
but Il upon TfSt tSs the
clearly AGAINST such an assemblage in the
Senator Allen contended that az long as tb.
people who assembled did not obstruct the
highways, as long. as they did not undertake
to enter the halls Of Congress-. the courts were
Bad the power to legislate. but not the power
10 legislate to prevent q psacea BILE assem blage.
Judge Miller said thatii Congress had the
riaht to prevent body Of men from entering
lhe Senate cham ber to present their grievance
! certainly had the same right to say whether
areunds nS % The hear areu%ent mads by s Counsel ir for
he defence was q perversion and q asubterfuge.
md should receive no serious attention. The
,tion q the police req ustion made 10 carry
,ut the law OF Congress. The right to petition
Eas not eermane to the issue. which was
ion Of the Capitol grounds had been Violated
J sepisssntsiive % Van voorhIs Of New York.
,ompiaint was not su a eisnt to place Mr.. Goxey
,ehind Iron bars 1t was the most trivial case
and sssn S.S4e ns
land. and while on the way was dubbed by .
Judge Miller interrupted to say that the facts
yere not yet under consideration The Ques-
ion was whether the Indictment was legal and
The motion to oyerrule was then denied.
Representative Pence Of Colorado notified
Mr.. Lipscomb made q motion for severance
u the cases. on the ground that the various
'nences charged against Coxey and Browne
at different place and time, but his
action was overruled by Judge Miller and an
ppeal was noted. recess was then taken
Until o'clock.
Al the afternoon session a jury was selected
md sworn, consisting at the following per
ons: II. y. Jones. W. W. Hazlett Grover. q. w.
icGruder; " lillian I. Bailey, painter; W. J.
builder; William Halenden. shoe
ealer: John J. Dix (coloredl. barber; John o.
'rown. John +. Eckhorn, real estate: r. B.
rrotler. stenographer: William j. ReinhArt,
hoe dealer. and A. A. NcCloskey.
Assistant District Attorney Mullowney then
addressed the jury, explaining the charges
md ths law applicable to them.
Sergeant Slattery OF the Metropolitan Police
orce testified that rs far as hs knew all the
lAmngs to the shrubhery in the Capitol
grounds Was done By citizens. who rushed
Icross the lawn toward the Capitol building
vhen CoXey was escorted from the steps.
'oxey's men outside the grounds did not break
ankB
MAJOR Moore. Chief OF Police said that hs
IAye CoIey u permit to parade. but permission
vas denied CoNey to march through public
eservation. lie told Coxey that he could not
peak on the Capitol grounds, but Coxsy re-
He'd that as the schedule had been carried
'ut so far he intended to complete it."
The court at o'clock adjourned till 10 to-
morrow.
GIMP OF COIkYITES RAIDED.