The News-Herald. [volume] (Hillsboro, Highland Co., Ohio) 1886-1973, 1894-05-10
COxEY,S TRIAL.
Detective Horn, Who Was Detailed, Gives
His Testimony-No Arms We're with the
Army, and No Infam matory Speeches.


Army, and No Infiammatory Speeches.
WASHINGTON, May 5.--Jacob s. Coxey,
commander of the commonweal of
Christ; Carl Browne, its chief marshal,
and Christopher Columbus Jones, leader
of the Philadelphia contingent, were
tried in the city police court Friday on
the charge of violating the United
States statutes.
Mr.. Lipscomb opened the case by
fling a motion to quash the informa-
tion on the ground that the law under
which they were charged was void, in
that it prohibited the constitutional
right of petition for redress of griev-
ances, and conferred on the speaker of
the house and the president of the sem
ate certain prerogatives contrary to the
constitution.
Alexander Mulloweny, assistant
United States district attorney, fol-
lowed Mr.. Lipscomb with an amended
information, which charged Coxey,
Browne and Jones with simply ''step-
ping upon the turf in the capitol
grounds" instead of injuring shrubs
and plants, in addition to the main
charge Of carrying a banner or device
into the capitol reservation.
Senator Allen then arose and said
that he did not appear as an attorney,
but merely for the purpose of seeing
the men on trial have fair and impair
tial hearing, which he was sure would
be accorded them.
He held that the law under which
the information was charged was un-
constitutional The power to assemble
and petition congress for a redress of
grievances carries with it the irresisti-
BILE implication that the right to assem-
BILE is at the seat of government Gould
they assemble and present petition to
congress by staying in Pennsylvania or
anywhere else?"
Nov, l want to know" Mr.. Allen
said, 'wherc the line of demarkation
is?''
Judge Miller interrupted Senator
Allen to say that no nan who was a
citizen of the United States failed to
recognize that he had the right to petit
tion congress for whatever grievances
he might have, but it depended upon
what manner the petition was present.
ed, and the laws were clearly against
such an assemblage in the capitol
grounds.
Senator Allen continued by contend
ing that so long as people who had as
sembled did not obstruct the highways,
so long as they did not undertake to
enter the halls of congress, the courts
were powerless to interfere. Congress,
he asserted, had the power to legislate,
but not the power to legislate to pre-.
vent peaceab BILE assembly.
After Mr.. Lipscomb had been heard,
also for the defense, Judge Miller said
that If congress had the right to pre-
vent q body of men from entering the
senate chamber to present their griev.
ances, they also had the right to say
whether the same body should ente,
the capitol grounds.
The motion to overrule was denied
and then Representative Pence, o.
Colorado, notified the court that hs
would defend Gen. Coxey, and the tria
began.
The first witness called was Detective
Horn, of Washington, who was detailed
to watch Coxey's army. He testified tina,
he had joined the army at Hancock
Md, under the assumed name of Ed
ward Home. He made investigation as
to what arms We're carried by the men
but had not ascertained if Gen. Coxey
had a weapon. In response to Mr.
Lipscomb, witness said that in Coxey's
speeches along the route he neve,
heard any expressions of violence OF
threats tending to incite the people
On the contrary, it was generally un
derstood that Coxey's intention was t.
aid the unemployed. Coxey told hin
he was going to make speech on the
capitol steps.
Sergt Slattery, of the metropolitan
Police force, said that as far as hi
knew all the damage to the shrubbery
in the capitol grounds was done by
citizens, who rushed across the lawr
toward the capitol building wher
Coxey was escorted from the steps
Coxey's men outside the grounds die
not break ranks.
Maj. Moore, chief of police, then tool
the stand. He stated that he gave
Coxey permit to parade, but the per
march through public reservations. HI
told Coxey that he could not speak OF
the capitol grounds, but Coxey replied
that "as the schedule had been carried
out so far, he intended to complete it.
The court adjourned till Saturday, /;
statement being made that the prosecu
tion would have six witnesses and tn,
defense twelve. In reply to a question
from the court, council on both side,
| said the case would probably be con
cluded Saturday.
| Default In Interest.