New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-05-16
NO NEW TRIAL FOR COXEY.
JUDGE MILLER ORDERS HIM AND
BROWNE TO APPEAR FOR SEN
TENCE THURSDAY.
THE "BLAcK MARIA WAITED ALL DAY FOR THE
CoMMONWBALERs. WHILE \ BIG
CROWD LOOKED on.

CROWD LOOKED on.
Washington. May l5.-The motion for a new trial
made IN behalf Of Jacob s. Coxey. Carl Browne and
Christonher Columbus Jones. the Commonweal lead
ers was denied to-day by Judge Miller. CoNey ana
Browne were present the latter in his greasy buck
skin coat Jones looked in for a few minutes but
could not find enough excitement to hold his inter-
est Andrew Ii2sconb and Congressman Pence OK
Colorado appeared for the defendants. and Alex
ender Muilowney Assistant DistrictAuorney FOR
the District OF Columbia
The principal poin, made by M Lpscomb was
that the information agains; the defendants was not
made or OATH when the common law expressly pro-
v,ded that no Information should issue except on
oath.
Mr.. Mulowney said that the Information showed
that one jeremiah Murphy had made oath to the
information but Mr. Lpscomb contended that TINS
was mere statement and the oath Itself was not in
existence Mr.. Mullowney held that the waTran'
issued was the oath required. but he admitted that
there was no other oath in evidence
Il maintain" said Mr. Lpscomb, "tnai inns YER
dict was the result of passion prejudice ignorance
and fear. induced by sensational speech maze by
the District-Attorney, which rarife1 TO the ooun-
diaries of Kansas in which he made statements anu
gave testimony Illegally and wronsfuny
At 4 O'Clock Mr.. Pence asked His Honor % ad-
journ the hearing until tomorrow, but Judge MILF
he was deferred by curious impairment Ills term
as Judge expired to-day, he said, ana ne law gave
MIN no authority 70 HOiu ONui -. a., -.
qualified Judge Miller was nominated lev 9a2 :
ago succeed himself and he said he had hau no
notice OF his confirmation yet mr.
you've been confirmed" said BALM ,,.
Yes. but haven't received my new COMMISSION
Mr.. Pence like Mr.. Lipscomb contended that
no oath had been made to the Information agailsS
the defendants. In this case, he said, there had
been none Of the safeguards OF law allowed 10 me
accused Mr.. Pence very politely informed Juusc
Miller that he thought His Honor chSrgS 10 On ene
jury led to a convictlon--hot that the Court meant
II So but the weight Of his words was TOO great
for the jury 10 resist - H.,
. District-Attorney Birney he'd that the case had
gone too far for an objection Of this KIM 70 nave
weight. and read a decision in support oil the CON
tention of the court at the earliest possible mo-
ment and in all cases before verdict rs rendered.
he said.
1t was nearly o'clock when the arguments ended;
Judge Miller denied the motion for new tral ana
asked II the defence had anything to say why SEN
tence should not be pronounced.
Mr.. Pence said he very much surprised 10
learn that there was no appeal from me cOurl
decision He asked that the case go over until SAT
urdsy in order that the defence might deciue what
speak in Philadelphia on Thursday. ana We would
like it settled whether he shall spend there or
in jail"
District-Attorney Birney objected to postpone
ment of sentence, but II was hnaliy decided oy
Judge Miller that the defence would have until
Thursday morning apply for writ OF certorari
TO one of the judges of the District supreme Court
1.-The defendants must appear here IhursG1aSy
morning at 10 o'clock for sentence, said Judge MIL
Ter and the court adjourned.
Several hundred people were waiting OUTSIDE the
courthouse to see COXey. Browne and Jones taken
10 iaif In the expectancy that sentence would be
pronounced on them this afternoon. the Black Ma
ria" was kept waiting until adjournment