New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-05
ucENpCOXEY'S TRIAL BEGUN
or MILLER GIVES COLD COMFORT
TO THE DEFENDANTS.
.rrcu INTERCEPTED BY SENATOR ALLEN
NEW CAMP oFFERED-Ir is REJECTED
,.sr IT INVOLVED WORKING
,,Opr SICKNESS

MORE SICKNESS.
z.or Nav Jacob s. Coxey' COM
WASH" ,hs "Commonweal Of Christ; carr
nahue' ne chief marshal and Christopher
Brow 1ones leader Of the Philadelphia con-
Coiui'''" -, tried in the City Police Court To-
uhse"' 49,, charge of violating the United states
DAY VI ~ unlawfully displaying banner OF
s'a'"' - ,be Capitol grounds and In breaking
N,.,,hs and plants there
sh'" ,nscomb. formerly Assistant Distrc'-
AM" Who had been retained by the detend-
A''0'". surrounded by little group OF Popu-
an'N, .,sspen-Pence. of Colorado; Hodson, OF
Hs' poep Of Minnesota. and Kem or Ne
h@ colonel Redstone the local Coxey agent
ofas" Rnker. a lawyer and a Commonweal
sympathzer' o,so nv filing motion
"'' .ho Information against the defendants
u ~ rropnd that the law under which they
on wv rod was void. in that it prohibited
~s' -,rstitutlonal right Of petition for redress
'he 'N''..os and conferred on the Speaker. OF
.. s, ,,o,,ss and the President Of the Senate GER
'",. nrerogatives contrary to the CONSTITUTION
' .'onder Mullowney Assistant United States
n,s,rct-Attorney. followed MI L'psco'no WIFI
p'' '.,srded information. which charged Coxey,
p-oune and Jones with simply stepping upon
-. ,urf in the Capitol grounds instead OF IN
,ar,rg shrubs and plants" in addition 10 the
.,.in charge Of carrying a banner or device
,r,o the Capitol reservation.
Mr. Mullowney told the court that A. A.
p,-rev the United States District-Attorney'
mid represent the Government, and minute
ter he entered followed by Citizen" CoXey,
.,,,red as usual. in his neat gray suit Marshai
provne in his greasy leather coat. top boots
and other romantic appurtenances OF garb'
,ooked fresh and rosy and apparently liked the
,,,oriety Old Christopher Columbus Jones APP
,esrad shabby and worried He carried his
weu.u,orn silk hat In his hand Samuel Hyman
u,bo appeared for Browne and Jones, opened the
oasa with motion TO quash, on the ground
,ha, the information was bad In substance This
oocasioned a spirited discussion on the question
whether the two statutes in regard to trespass
IN the Capitol grounds were not conflicting.
In behalf Of the defence Mr.. Lipscomb said that
Il was not forbidden 10 do the things charged in
the information even in the District OF Columbia.
Senator Allen then arose and said that he did
mt appear as an attorney but merely for the
purpose Of seeing the men on trial have fair
and impartial hearing which he was sure would
be accorded them.
The Senator took the position that Congress
could not pass law the operation Of which
,as to depend upon the Judgment of some other
branch Of the Government or some other In
dlviduaL Congress might well give power
10 the Governor Of his State or to the Car Of
Russia as 10 confer 1t upon the Vice-President
or the Speaker Of the House Of Representa-
tives. who were mentioned in the statute as the
proper persons TO give power or license to pass
through the Capitol grounds or carry ban
ner He held that the law under which the
information was charged unconstitutional.
Judge Miller interrupted Senator Allen to say
that no man who a citizen of the United
States failed to recognize that he had a right
to petition Congress for whatever grievance he
might have. but 1t depended upon what manner
the petition was presented. and the laws were
clearly against such an assembage in the Cap
itOl grounds
Senator Allen continued by contendng that
50 long the people who assembled did not
obstruct the highways, so long as they did not
undertake to enter the halls Of Congress. the
courts were poweress to interfere.
After Mr. Lipscomb had been heard for the
defence, Judge Miller said that If Congress had
the right TO prevent body Of men from en-
tering the Senate Chamber to present their
grievance they certainly had the same right to
say whether the same body should enter the
Capitol grounds. The argument made by the
counsel for the defence a perversion and a
subterfuge. and should receive no serious atten-
ton. The invasion Of the Capitol grounds was
gross violation Of the police regulation made
to carry out the law Of Congress. The right
TO petition was not german to the issue. which
was whether the laws or regulations for the
protection Of the Capitol grounds had been vio-
lated by Mr.. Coxey
The Judge went on to explain his view Of the
question when Carl Browne, who was standing
directly In front Of the Judge made remark,
hterruptng the magistrate Judge Miller rep
rmanded Browne. and said that If he made an
other comment he would order him locked up.
Representative Van Voorhis, of New-York
VINO was present as a spectator held that the
complaint was not sufficient to place Mr.. Coxey
behind the bars 1t was the most trivial case
imaginable This gentleman. whom he did not
Know and had never seen before walked peace
iully from Ohio with a petition in his hand. and
while on the way was dubbed by a policeman.
Al thls point Judge Miller interrupted to say
'hat facts were not yet under consideration;
mat the question was whether the Indictment
was legal and triable. The motion to overrue
was denied. and then Representative Pence, Of
colorado. notified to the court that he would
defend General" Coxey.
MT Lipscomb made motion for a severance
=. the cases on the ground that the various
0"ehces charged against Coxey and Browne oc-
'urred at different places and times but this
was also overruled by Judge Miller and an ap-
peal was noted
AFTER some delay a jury was selected and
sworn consisting Of the following persons: T.
w. Jones ". w. Hazlett. c. w McGruder, Will
IAN l. Bailey. W. j. Hotzclaw, William Hallen-
zen, John j. Dix (coored). John o. Crown. John