The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1894-05-07

what the commonweaIers had done, he
began. Defense would consist in the
lavfulness of their actions. He could re
member but one similar occurrence in
history, the attorney said, ana thereuPon
he produced bible ana began to read
scfiptural passage.
Began to Read the Bible
81 must object to that, lnterposed the
district attorney. The gentleman should
Contine himself to statement of facts. =
Does the attorney deny that is fact, =
demanded the young attorney holding
his bible aloft dramatically.
He was permitted to proceed and read
the passage OF the Old Testament recting
that the Lord had commanded Moses to
take off his hat because he trOd on holy
ground He had not talked long before
Judge Miller was compelled to make
the same objection as that made by the
district attorney and to request the law
yer to devote himself to the recital of
what was intended to be proven. Instead
of police, the defense would call citizens
who had witnessed the occurrence, Mr.
Hyman said.
From his somewhat discursive state
ment it was gathered that the defense
would be based largely on the brutality
of the police in clubbing citizens. 1t was
to be shown that CoXey had not walked
on the grass and that Browne had been
driven through the shrubbery by the
police.
Coxsy Was Very Quiet.
The first witness for the defense was
Mr. Frank Harper. young newspaper
man from Alexandria, Va. According to
his story, the police had driven the citi-
zens on the grass before the procession
arrived in order TO clear the pathway.
He saw Gen. Coxey arrive. The gen
eral wore nothing designed to attract
notice to his organization, but walked so
quietly to the steps that he was not rec
i 81 HI
pointed him out. Thirteen police stood
on the steps and surrounded the general
when he arrived. The witness was GER
tain that Coxey did not walk on the
grass.
On cross-examination he said that
there were $1,000 or 10000 people wait
ing, all cheering and wnooping for
Coxey.
'sDisorderly, were they not?" inquired
the district attorney.
"Oh no; they had right to cheer;
they were American citizens"
The police came near running down a
little girl in front of him, Harper said
He had been ordered off the asphalt
streets by them two or three times, but
returned every time.
Then you disobeyed the police?" said
the district attorney.
1.-The police are not the law: they are
the agents of the people to carry out the
law" was the reply.
One of the persons in the crowd on the
grass was Senator Allen, according to the
witness.
Dfdn's Touch the Grass.
Witness No. 2, was a coIored man
named Samuel l. Perrick. who, when
asked his business, explained: II am
one of the army of unemployed just
now" Until the beginning of the Demo-
cratic administration he had been en-
ployed in the treasury. He had followed
the procession, had kept by Gen. Coxey,
and could swear that the general did not
touch the grass.
Being called upon to give ruling on
the question asked this witness, Judge
Miller said that it might be mitigating
bearing upon the intent to
violate the law; that a defendant had
been forced upon the grass by circum-
stances. The judge added that hum
dred thousand violations of the law did not
excuse one violation of it. This witness