Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-05-08
GIVEN TO THE JURY
Twelve Men Consider the Gases
Against Commonweal Leaders.
CLOSING UP The ARGUMENTS
Mr.. Birney WAKES Sarcastic Over
Defendants and Counsel.
JUDGE MILLER'S CHARGE

There was a magnificent bunch Of roses
and lilies on Judge MiIlers desk this morn
Ing In honor OF his reappointment to the
bench. an occurrence which has given the
greatest satisfaction to the members Of the
bar and the citizens Of Washington general
ly barring only the criminal element Carl
Browne had dored his blue summer suit
that he wore yesterday and appeared once
more In his fcmiliar and Characteristic
leather coat. corduroy trousers and high
bocts. These were the two most noticeable
features this morning In the trial Of the
three Coxeyites in the Police Court.
Yesterday afternoon after The Stars re-
port of the trial concluded the arguments
to the jury were begin. The opening ad-
dress was made by Assistant District At
torney Mullowney, who contended strongly
that as Coxey was the leader OF the move-
ment of which these events were the out
come, his was the greatest offense against
the law.
Representative Hudson of Kansas. who
began for the defense, said that IL was plain
that the defendants were not tried for the
technical charges against them but because
they held political opinions contrary TO the
opinions of those in power
These men are not being tried for step
ping on the grass" he argued The dis
/ trict attorney will argue to you against Nj.
Coxey himself and the Coxey movement"
Mr.. Hudson was followed By Mr.. A. A.
Lipscomb. also for the defense. and then
the court adjourned.
1t was expected this morning that the
case would go TO the jury before noon. and
the result was that every seat I'm the court
room was occupied, and there Were a score
or more Of men standing around the walls
when the court was opened.
Representative Pence Concludes.
Representative Lafe Pence. the meteor1c
! Of 81
to the jury for the defense. commencing .
few minutes after 10 O'Clock In opening hs
remarked that with the possible exception
OF the lawyers for the government. no one en-
tertained any serious idea that a conviction
could ever be secured in this case. The evi-
dence, ne said. did not make IL even pre-
sumable that an ofense had been COM
mitted. and before the jury could bring In
a verdict against these three men they
must be satisfied beyond a reasonable doubt
that they were guilty.
The burden OF proof lies upon the govern
/ ment In this: they must show that Browne
ana Coxey were guilty OF such a heinous
onense as stepping upon the grass. Ii dld
not rest upon the defense TO prove that they
had not done IL. The weight OF evidence ali
went TO show that Browne did not 20 upon
the grass. while all the evidence In the case
proved that CoXey had made his way from
his carriage TO the Capitol steps over The
asphalt, and did not 20 upon the grass at
all The presumption In this. as In every
other case. was in favor OF the Innocence Of
the three men on trial. not against It.
Mr.. Pence arxaigned the attorneys for the
government in severest terms for what he
called. their Inconsistency in not trying
browne upon the charge which he WAS
put under arrest that OF disorderly conduct,
ana assault and battery. He characterized
the prosecution Of Browne. Coxey ana
Jones as on a par with ''the most con-
temptiole prosecution under the meanest
ordnance In the pettiest buroueh In auv
Instead 4 In.
OF this great land OF the free. There was
something back OF this case that did NOT
appear on the face OF it.
I MI Coxey, the lawyer said had a anar
\ clal scheme that he thought would relieve
the condition Of the unemployed of the
United states. and there were many thou
SANDS who believed with him 1t might be
the wisest scheme that had vet been fornn.,-
lated. or IL might be the most foolish. but
whether IL was the one or the other he had
as much right TO present It TO Congress.
Win the petitions In favor of Il. as had the
eovocatss CT a high protective tariff or Of
/ free trade.
Not Appreciated Here.
We Ia the District OF Columbia Nr.
renee said. can have no just idea Of the
state OF Affairs that prevails throughout
the length and breadth OF this great land
We are residents OF a city that depends
for Its financial backing and support upon
government which never passes q pay
oey- Inc ohiy men VINO are out OF employ
ment here are the men who have held Of
nee In the departments ana have lost their
positions, and the men who have been in
the city during the whole OF the present
administration vainly waiting q chance 70
squeeze their way In. Yet there is wide
spread distress all through this country, and
any honest effort that is made TO relieve
this distress should receive support and not
q rebuff.
Mr.. Pence then went on in eloquent terms
10 speak OF Coxey and his associates as
lsw-abiding citizens who desired TO trans-
sress no statute. Mr.. Coxey's efforts 70
secure permission for his parade and the
meeting on the Capitol steps evidenced the
fact that he wanted 10 do only what was
| right and proper. He drew a sharp con-
trast between the reception that is given
| every day TO paid lobbyists. who come here
| to influence legislation. and that which was
accorded TO the members OF this army oc
doors of the clubs. OF resorts. and of the
| theaters are thrown wide open. Yet these
men who followed Coxey 70 this city, whoee
| only orense is that they were poor. that
| they walked through heavy SHOWS andf
| slept under no blankets. find open for theml
Only the doors Of the JAIL which was built
the other working gmen OF the land In clos
| ing his address. Mr.. Pence urged that there
! was nothing to show willful intent on the
part of the defendants TO commit any
carrying a little white rag on which was
! painted the words OF hope and promise:
I Peace on earth and good viii 10 men.N
He felt sure that when the history OF this
! great movement on behalf OF the laboring
| classes comes to be written, II shall not be
| said that twelve honest men OF Washington
| met them with inhospitable arms and cons
| signed them to Jail for their earnest efforts
| in the line of what they thought was right
Mr.. Birney Infers Motives.
1t was IL o'clock when Mr. Birney began
the final address TO the jury fo- the gov
ernment At first he spoke quietly but
firmly. but gradually warmed up as his
argument progressed. He commenced by
| reading the act of 1882 under which the in
| formation against these defendants was
drawn This act was drawn not TO ft this
| case but for all similar cases. and was In
| tended not TO work hardship upon any
| one but solely to preserve arder and good
| conduct II was a simple police ordinance.
| intended to protect the grounds around the
| Capitol and there could be no doubt that
! these men had violated this ordinance.
which forbade men 10 carry banners into
the Capitol grounds. or TO walk upon the
grass and break the shrubbery. IL Q
/ very simple case, but the defense had sue,
ceeded in dragging into IL much extraneous
matter.
The able Senator from Nebraska had
/ come into this court room and raising his
| towering form above them all, had looked
4 over the heads of the jury. out TO the
I houndfng prairiQs a. his a0optpd state and