The times. [volume] (Richmond, Va.) 1890-1903, 1894-05-05
COuMONWEALERS IN COURT.
Coysy, Browne and Jones PLACID On Trial
in the District Police Court.
vOTIOsrOQulsH INFORMATION DENIED
s..,o, Allen Makes a speech In Court and
Lafe Pence will Defend ooxey-h'1'
Moore Testifies.

q christ" Carl bfoWht' HS S"tSA "'"'
and Christopher Columbus Jones'
..te- NJ the Philadelphia contingent of
ARMY of Peace were tried in the city
,,...s court to-day. on the charge OF
..4,ane the Uni,e3 states statutes In
..i,afully displaying banner or de-
,..,, he Capitol grounds, and in break
,.. ssrlns and plants there. The case
..r.5 N 10 o'clock. after a number
"',.,,~ cases had been disposed OF. Al
90 n,.,~ every seat in the COURTROOM
. ,-.sried. and number OF people
was ..,Tli1g around the walls, but the
"nhor was by no means croWoeo'
."',. Iinscomb. formerly associate
A.., attorney, who had been retained
.rs Befendants. was surrounded by
Ie .-,up Of Populist congressman,
I,8,re Lafe Pence, of Colorado; Hud-
NJ Kansas: Bowen, OF Minnesota,
han Of Nebraska; Col. RedsioHe'
.,. ,o,,l Coxey agent and Mrs. RucRer'
i,over and Commonweal sympathiAer'
,orry's LAWYER OPENS THE CASE.
Mr. Lipscomb opened the case by ming
~otion 10 quash the information against
4ofsnaants. on the ground that the
isv. under which they were charged was
void in that 1t prohibited the consutu-
,io,sl right Of petition for redrt SIS OF
s~icvance and conferred upon the 81 eaker
~ the House and President of the enate
certain prerogatives contrary 10 the ON
stitution. . ,,,,..a
Alexander Mulowney, ssistant United
states District Attorney, followed MI
TInscomb with an amended information
which charged Coxey, Brown, ana Jones
,,i.b siuplv stepping upon the tlrf IN
IL
shrubs and plants. in addition to the
main charge Of carrying a banner or
davice into the Capitol reservation.
Mr. Nullowney told the Court that Mr.
Rirnev. the United States District
A,,ornev would represent the Govern
nent and minute later he entered
Samuel Hyman, who appeared Tor
Rrowne and Jones. opened the case with
a motion to auash. on the ground that the
information was bad in substance
SENATOR ALLEN ADDBEssEs THE COURT
The Populist senator. Allen Of Nebras-
Va arose and said that he did not ap-
near as an attorney. but merely for the
nurnose Of seeing that the men on trlai
have a fair and impartial hearing WIllch
ne was sure would be accorded them'
The Senator took the POSITION 'hat
~onqress could not pass law the opera
q lN-AN-
i,dpment Of some individual 1t was pro-
yided in section TO- in the act in dues-
tioD Congress had no right to pass
"a law which might be suspended by the
lu5fcial lnepartment OF the Government
Up lv any other officer. Congress nlsh |
as well give power TO the Governor OF
his State. or the Gar Of Russia, as 10
confer it upon the Nice-President or
the Speaker OF the House OF ReDresen-
tatves. who were mentioned IN the statute
as the proper persons 10 give power OF
license to pass through the Capltol
grounds or carry a banner. He contended
that the power Of the legislative branch
was full and plenary. Therefore he said
that the exercise Of such q power by the
Vice President is a power TO nullify and
SCI aside a law made by Congress He
held that the law under which the infor-
nation was charged was unconstitutional.
The power TO assemble and petition Con-
gress for a redress OF grievances carries
Oi.h il the irresistible implication that
the right 10 assemble IS at the seat or the
Government. Could they assemble ana
present n petition to Congress by staying
In Pennsylvania or anywhere else? NOW
want TO know" Mr.. Allen said, where
the line OF demarkatiOn is
Judge Miller Interrupted Senator Allen
the United States failed to recognize the
right to petition Congress, but it depend
ed upon what manner the petition was
presented and the laws were clearly
against such an assembly as charged in
the information.
Mr. Allen said Congress had the power
TO legislate. but not the power TO legs-
late 10 prevent a peaceable assembly.
coxEYs MOTIONS ovEBRULED.
After Mt Lipscomb had been heard also
for the defence Judge Miller said that
II Congress had the right to prevent
body Of men from entering the Senate
chamber 20 present their grievance they
certainly had the same right TO say wheth-
er the same body should enter the Cap
it0l grounds. The argument made by the
counsel for the defence was a perver-
sion and a subterfuge and should receive
no serious attention. The invasion Of the
Capitol grounds was a gross violation
ot the police regulation made TO carry
out the law Of Congress. The right 10
petition was germane 10 the issue which
were whether the laws for the protection
OF the Capitol grounds had been violated
oy Mr. CoXey. The Judge went on 10 ex-
pam his view and the question, when
Natl Browne who was standing directly
.N "ohl e.. the Judge made remark, In
'eiiopung the magistrate. Judge Miller
Iep.Hnanded Browne and said that II he
mace another comment he would order
MIN locked 10.
representative Van Voorhis, who was
present as a spectator held that the COM
paint was not sufficient TO place Mr..
'oAey behind iron bars. II was the
most trivial case imaginable. This gen.
uemsn, who he did not know and had
never seen before, walked peaceably from
ONO with petition in his hand. and
while on the way was clubbed by police
man.
Al ths point Judge Miller Interrupted
70 say that the facts we're not yet under
consideration. the question whether the
Indictment was legal and trieble.
LATE PENCE TO DEFEND coxEY.
The motion to overrule was denied, and
then Representative Pence, OF Colorado.
notified the Court that he would defend
General Coxey
Mr. Lipscomb made a motion for a
severance OF the cases on the ground that
the various offences charges against
Coxey and Browne occurred al different
place and time. but he was also over
ruled by Judge Miller. and an appeal
noted
The court reassembled AZ i:30 o'clock.
ana after some DELAY a fusv was selected