Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-05-04
ket or by whether his boots are BACKED

pocket, or by whether his boots are BACKED
or not Popular rights might be downed
today. but the time would come when the
people OF the land would rise up and insist
upon their rights. Senator Allen closed his
address with a f1W orief remarks directed
at the matter OF the police duties of the
government. When he had finished he was
decorated by Carl Browne with q badge of
the commonweaL
AS he left the room, Judge Miller re-
tition would never be oues sd in this
free government until some foolish acts
should be committed by ill-advised persons
that would compel the sovereign people to
resort to self-preservation. the first law Of
nature.
Mr. Lipscomb and Mr.. LYMAN both made
q few remarks In addition to what had al
ready been said.
Brushing Away the Fog.
In deciding the questions raised. Judge
Miller said that they were very simple. and
that the first thing to do was to clear
away the rubbish that surrounded them
and to disabuse the minds of the parties
from the idea that great constitutional
questions were at issue
great deal had been said that was not
IN the least germane to the subject. Con-
ges on the steps or porticps OF the Capitol as
they had in the Senate chamber itself. The
statute was a simple police regulation, and
II was dangerous subversion Of facts IL
Capitol grounds were being treated In this
court consecrated ground Congress as a
hereditary incunbrance received from Eng
land. and that an attack was being made
upon the inherent and constitutional rights
Of the American people. This trial was
merely the trial of men charged with a vio-
lation of perfectly proper police regulations
and did not deserve to be dignihed as IL had
reason for claiming that the right of petit
ton was being questioned for moment.
This power II derived from the Constitu-
tion. and at this time particularly the more
the Constitution Is read by the American
people the better IL would be. for from the
first word to the last 1t urges obedience to
law and order Congress is today legislat-
Ing Tor the whole people of the land, and
not for Mr.. Coxey. This whole case has
been diverted from its proper channel, and
IL was the duty Of the court to hold lawyers
and witnesses down to the pleading in the
case The arguments. Judge Miller said
mad been very eloquent, but they had little
or no bearing upon the points at issue. The
courts would never attempt to infringe up
on the rights of the people
The Marshal Apologies.
But they do 1t every day, Just the same"
remarked Marshal Browne who was stand
ing up behind his counsel
You be quiet there" said Judge Miller
sternly.
Remember you are in court room now,
and II you make any further Interruptions
you will be put in the DOCK
The marshal apologized.
Continuing. Judge Miller said that these
People might just as well insist upon the
privilege OF assembling in a mans back
yard. or in the Treasury Department as
on the steps of the Capitol Congress must
be protected from any form OF intimida-
ton while engaged upon work of legisla-
ton. This case had been magnifed into a
constitutional matter. They had appealed
70 Caesar and they must abide by his lawF
They he'd appealed to the Constitution and
Ura Fa-
guard to our American Institutions, the
worktngme and the poor, lies in the OBJ
servanee Of the laws in their integrity. He
could see nothing at all invalid in the
statute.
Motions Overruled.
Representative Van Voorhis raised the
point that the statutes aver that permission
can be given by two officers of Congress to
hold assemblages in the Capitol grounds
but there was nothing in the information to
show that this request had been asked and
refused
Judge Miller held that this point was not
o good one in law. and then overruled the
uotions a whole.
In answer to a question from Judge Mil
Ter, Mr.. Lipscomb said that he appeared for
Mr.. Coxey, and that Representative Pence
would be associated with him. Mr. Hyman
appeared for Jones and Browne associated
with Representative Van Voorhis and one
or two other volunteers.
Motions were made for a separate trial
for Mr.. Coxey. and the other two, on the
ground that his defense was totally differ
ent from that of Jones and Browne
The motion was overruled and exceptions
noted M. Lipscomb stated that in case
Of a conviction he desired to apply for a
writ of habeas corpus and certio-ari both
AS II was thought likely that the selection
OF a jury would consume considerable time
the court a. 1870 o'clock took q half hours
recess for luncheon.
Getting Jury.
reconvened after recess. The first business
of the afternoon was the securing of a
jury. The regular panel was called They
were sworn and examined on their voir
dire There was a question as to the num-
Der OF challenges allowed the defense.
Judge Miller decided that they had four
between them. Mr.. Lipscomb said that this
was one reason why he had asked for a
severance of the trials. as the three defend
arts might not be able to agree as to when
70 exercise their right Of challenge. There
should be twelve allowed.
When they came to be examined Maj. II.
l. Biscoe was accepted by Mr. Lipscomb,
but challenged by Mr.. Hyman. VIM. r.
McCloskey was challenged by Mr.. Lips
comb. VIM W. Hazlett. Geo. c. Magruder,
VIM. l. Bailey. VIM. Colley. W. B. Holtz-
claw, Thomas o. Jones. VIM Hollander,
John F. Dade, colored, John o. Crown,
John ]. EichhOrn. Robert B. Trettler and
Henry c. Reinhardt were accepted.
This completed the panel Mr.. Birney
challenged MI. COlley Tor the government
and Mr.. LYMAN raised the point that only
the defendant was allowed the right of
challenge.
At this point Mr.. Lipscomb announced
that Mr.. Coxey's daughter was in court,
Miss Mamie Coxey, and that she was
stenographer, and desired to report the
trial She was accommodated with q seat
At the clerks desk.
Mr.. Wight Challenged. i
Judge Miller then overruled Mr.. Hy-
mans point, and Mr.. John B. Wight was
called to the box. He was INTERCEPTED,
and said that he had no bias that would
prevent him from giving a Just verdict in
this case. though he had read all that had
been printed in the Washington press. Mr..
1ipscomb challenged Mr.. Wight for cause.
and both he and Mr.. Lyman attempted to
show that he was not competent Juror.
In answer to a question from the court,
however, he said that he had no prejudice
that would prevent him from giving just
verdict IN this case.
The lawyers got very hot" over this
Juror, charging him with being unable to
answer simple questions, and desiring to
svade them when he understood them
Judge Miller decided. however, that Mr.
Wight was perfectly competent as a Juror
Then we challenge him peremptorily,"
said Mr.. Lipscomb in a heated manner
and then IN aside said: The board of
trade shan'f he allowed IN RIM THE