Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1894-05-04
TO-DAY'S TELEGRAPHIC NEWS.
The Coxcy Trial.

! veal OF CHRIST; Carl browne, us chlei
marshal, and Christopher Columbus
Jones, leader of the Philadelphia con-
tingent of the army of peace, were tried
in the police court to-day on the charge
of violating the United States statutes
in unlawfully displaying banner or
device in the Capitol grounds and in
breaking shrubs and plants there. Mr..
Andrew Lipscomb, who had been re-
tanned by the defendants, was surround
ed by little group of populist Con-
gressmen, including LATE Pence, of Col
orado; Hudson, of Kansas Boon, of
Minnesota, and Ken, Of Nebraska and
several other sympathizers. Mr. Lips
comb opened the case by filing a mo-
ton to quash the information on the
groundthat the law under which the men
were charged was void, in that it pro-
hibited the constitutional right OF petit
ton for redress of grievances and
conferred on the Speaker of the House
and President of the Senate certain
prerogatives contrary to the constitu-
ton. Mr. Alexander Mullowney, as
sistant United States District Attorney.
followed Mr. Lipscomb with an amend
ed information which charged Coxcy,
Browne and Jones with simply stepping
upon the turf in the Capitol grounds
instead Of injuring shrubs and plants,
in addition to the main charge of car
rying banner or device into the Cap
itol reservation. Mr.. Mulowney told
the court that Mr. A. A. Birney, the
United States District Attorney, would
represent the government, and a minute
later h. entered, followed by Mr.. Coxey.
Marshal Browne and Christopher Col
umbus Jones. Samuel Hyman, who APP
peared for Browne and Jones, opened
the case with motion 70 quash on the
ground that the information was bad in
substance. This occasioned a spirited
discussion on the question whether the
two statutes in regard 10 trespass on
the Capitol grounds we're not conflict
ing. 1t was held by The defense that
the police court had no jurisdiction in
such matter. III behalf OF the defense
Mr.. Lipscomb said that it was not for
hidden to do the things charged in the
information even in the District of
Columbia. Senator Allen then arose
aud said that he did not appear as an
attorney, but merely for tho purpose Of
seeing the men on trial have fair snd
impartial hearing, which he was sure
would be accorded them. He held
that the law under which the infGrma-
ton was charged was unconstitutional.
The power to assemble and petition
Congress for a redress of grievances
carries with it the irresistible implica-
ton that the right to assemble is at the
seat the government. Judge Miller in
terrupted Senator Allen TO say that 20
man who was citizen OF the United
States failed to recognize that he had
right to petition Congress for whatever
grievances he might have, but it de-
pended upon what manner the petition
was presented, aud the laws were clear
ly against such an assembly in the Cap
itol grounds. Senator Allen continued
by contending that so long as the peo-
pie who assembled did not obstruct the
highways; so long as they did not IN
dertake to enter the halls of Congress,
the courts were powerless to interfere.
Congress, he asserted had the powerto
legislate, but not the power to legislate
to prevent peaceable assembly. The
motion to quash the information
ag inst the Coxey leaders on the
ground of the unconstitutionality Of the
law was overruled by the court, and at
1885 recess was taken to allow a jury
to be empannelled. AS soon az that
has been accomplished the trial
of the three defendants, Coxey,
Browne and Jones, will proceed.
The court reassembled at 1870 o'clock
and after some delay jury was select
ed and sworn. Assistant District At
torney Mullowney then addressed the
jury.