The morning call., 1894-05-09
NO APPEAL CAN BE MADE.
Their Remedy Lying in the Writ
of Habeas Corpus.
LAWYERS ASK FOR A NEW TRIAL
Browne Expected What He Got, but
Is Rather Surprised at COxey'S
Conviction.

WASHINGTON, May 8-The three lead
ers of the Commonweal, Coxey. Browne
and Christopher Columbus Jones, have
been found guilty of violating the laws by
Jury of their peers and will have to SUBJ
nit to sentence hereafter 10 be imposed
by the court for their recent demonstration
on the Capitol grounds. Thus ends what,
as the leaders stated, was 'the greatest
march of the nineteenth century," Ali
three of the accused were tried on the first
count of the Indictment. which charged
them with displaying a banner designed
to bring into public notice the Coxey Good
Roads Association. Jones OF Philadelphia
was acquitted of the second charge, which
accused him of reading on the grass, but
Coxey and Browne we're convicted.
The jury retired at five minutes before l
o'clock, after hearing long charge from
the Judge. which left them little alterns-
tive but TO convict if they followed his
leading. About half-past the jurors sent
for the in nstructions given for the defense.
but the Government objected. and they
filed into the courtroom while the Judge
read the Instructions.
Young Attorney Lyman endeavored TO
have the fact that The objection came from
the prosecution laid before the jury. but
he was suppressed. Judge Miller stated
that he would not have handed over the
written instructions under any circum-
stances, as that would have been irregu-
lar Twenty-Five minutes after this cpl
sode the jury returned with the verdict.
General Coxey" had been sitting with
his wife and daughter, the Goddess OF
Peace of the Mayday demonstration, but
took his seat within the bar, and all the
party received the result smilingly except
Mr. Hyman, who was on his feet with
some objection to the form in which the
verdict was presented, but who was sat
upon by his colleagues.
The verdict was guilty as to the first
charg banners upon the Capt.
| tol grounds-against all the defendants :;
and on the second charge-walkng on the
| grass of the Capitol grounds-guily as to
| Coxey and Browne and not guilty as to
| Jones.
Attorney Lipscomb Immediately en- tered
a motion for a new trial and another in
arrest OF judgment.
Judge Miller gave him four days to file
the former paper. Then the Judge made
inquiries about bail. and Frank Hume,
well-known wholesale grocer, who several
times has run for the Democratic nomina-
ton for Congress from Virginia district,
| signed bond in $500 each for each of the
convicted Commonwealers. General Coxey
left the room on the arm of his wife, push
ing through a curious crowd. which made
no demonstration. The conviction Of him.
calf md m IN,
monwealers. Coxey said it was evident
this conviction was not for what he had
done, but because of the principles he had
declared.
Carl Browne remarked: Il was sur
prised at the conviction of Brother Coxey.
because he was plainly acquitted by the
evidence OF any technical violation of the
statutes. For my OVID part expected TO
be convicted"
Two weeks may elapse, during which
they will be free on bail, before motion
for a new trial is argued and decided.
The penalty provided by the law is the
same for each otfense. viz. fine not to
exceed 500 and Imprisonment in Jail for
not more than sixty days, or both, within
the discretion Of the court. Accordingly
the punishment which may be meted out
TO Coxey and Browne is $500 and 100 days.
while Jones is subject to 500 and sixty
days.
By curious Congressional error in
recent bill which reorganiZed the District
courts, there is no appellate court to
which Police Court case can be carried.
The only method of appealing from Judge
Miller's sentence will be by an applica-
ton to higher court for writs of habeas
corpus and certiorari. Attorney Lipscomb
has announced he will take this step if
Judge Miller overrules the motion for a
new trial. However. such petition will
not operate as stay of judgment to keep
the defendants from serving their entences
while it Is pending.
Chairman McCanu of the House Com
mittee on Labor has completed the text Of
the Joint resolution for a Congressional
investigation of the Industrial unrest and
incidentally of the Coxey Army move
ment. 1t will be presented to the Labor
Committee tomorrow. 1t Is as follows:
RESOLVED, By the Senate and House OF Rep
resentatives that a joint committee be ap-
pointed consisting Of three Senators. to be ap-
pointed by the President of the Senate. and
four Representatives to be appointed by the
Speaker of the House, whose duty it shall be 10
investigate and report within thirty days the
cause OF the industrial depression responsible
for so much distress throughout the country,
and what legislation will induce and preserve
industrial and financial conditions that will
offer speedy. permanent and lucrative employ
ment to the citizens OF the United States.
CLEVELAND. Ohio. May S.-A special
from Massillon says that divorced wife of
CoXey, who is i'll there. to-day summoned
her attorney and instructed him to begin
suit against Coxey and Carl Browne for
abducting her daughter Mamie, who ap-
-peared as the Goddess of Peace in the
Washington parade of the Common veal.
STOLE A TRAIN.