The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1894-05-08
WAS He ON The GRASS
That's The QUESTION Now Asitatins The
Courts a. Washington.
IT'S A GREAT BIG FARCE
Judge and Lawyers OF National
Prominence HaggiIng About
Matter That Looks
20 Be Simple.

an inning to-day IN the trial OF CoNey,
Browne and Jones for the May day DEM
onstration. Attorney Hyman made the
opening statement for the defense. There
was no denial or defense for what the
commonwealers had done, he began. The
defense would consist of the lawfulness Of
their actions. He could remember but
one similar occurrence In history and
thereupon he produced Bible and began
TO read a scriptural passage.
"The gentleman should confine himself
TO the statement of facts" interposcd the
district attorney.
''Does the attorney deny that this is
fact?" demanded the young attorney
holding the Bible aloft dramatically.
He was permitted 10 read the passage of
the Old Testament reciting that the Lord
commanded Moses to take off his hat be-
cause lie trod on holy ground. From his
discursive statement it was gathered that
the defense would be based largely on the
brutality OF the police in clubbing citizens.
II would be shown Coxey had not
walked on the grass and that Browne had
been driven through the shrubbery by tho
police.
Frank Harper, a newspaper man from
Alexandria, Va. testified that the police
had driven citizens Off the grass before
the procession arrived in order TO clear
the pathway. Coxey walked SO quietly TO
the steps that he was not recognized until
the people pointed him out. Thirteen
police surrounded the general when he
arrived. The witness was certain that
Coxey had no, walked on the grass. On
cross-examination no said there were
5000 or 5000 people waiting and cheering
for Coxey.
"Disorderly. were they not, ?" inquired
the district attorney.
"Oh, no; they had right to cheer-they
were American citizens"
The police came near running down a
little girl in front of him. He had been
ordered off the asphalt streets two or
three times but returned every time.
Then you disobeyed the police" said
the district attorney.
"The police are not tho law. They arc
agents OF the people TO carry out the law"
was the reply.
One person in the crowd on the grass
was Senator Allen.
Witness number two was Samuel l..
Herrick, colored. When asked his busi-
ness he explained: 81 am one of the
army of unemployed" Until the Begin
ming Of the democratic administration he
had been employed In the treasury. He
swore that Coxey did not touch the grass.
Being called upon to give ruling upon q
question asked this witness, Judge Miller
said it might be mitigating circumstance
bearing upon intent to violate the law that
the defendant had been forced upon the
grass by circumstances. Tho judge added
that 500 violations of the law did not ex-
cuse one violation. This witness also had
seen the police drive the people onto the
grass.
The trial of tho commonweal leaders,
which has dragged along in the police
court for three days, will be concluded to-
morrow. Coxey's explanation of his
plans for redeeming the government was
the principal feature OF the days proceed
ings, apart from the speeches by the law
yers. II is apparent the case is being
ton for the Coxey movement. for the
assistant prosecuting attorney, in his
opening address, called Browne 'crank,"
and did not hesitate TO insinuate that
Coxey was a knave, while the opposing
lawyers endeavored to make the trial APP
pear persecution by the plutocrats of
the people, and they appealed TO ami.
mostly against Wall street.
Concerning the flags of peace carried
by the men Coxey said they had been
provided for the men in order TO bring
into notice two bills which were designed
10 bring peace OH earth and good will
towards man. The organization itself
was a minor affair, merely an emblem Of
the bills. He did not know that Browne
had banner when he started for tho
capitol steps and did not consider tho
avenue leading to the steps as part of
the grounds.
Next came TO the stand Representative
Bland of Missouri. After some wran-
Cling over objections TO questions Judge
Miller refused TO permit the congressman
TO tell how the police had dubbed the
citizens.
Representative Pence argued that the
defense wanted to show that all the
trouble was caused by the police, and said
| they had dozen members of congress TO
testify to that effect Finally tho mem.
bers of congress were allowed to tell that
| the police had driven women and children
aud men over the grass in their charge.
W. O. Shelby described Brownies arrest,
telling how the policemen played their
clubs on the people and that the officer
who arrested Browne had shown him the
stick taken from Browne. 1t had no flag
OH il.
| The defense closed its case and Lips.
comb asked Judge Miller to charge the
| jury that the act of 1856 was not intended
TO restrict the right of citizens to peace
| ably assemble and TO petition congress
| aud also that the banner carried was dis
played and designed to bring the organi
zation TO notice. They must acquit Coke,
| unless he advised or abetted others TO dis
play banner and walk on the grass.
Judge Miller said he would charge that
the Jury must find that the defendants
| fully and knowingly trod on the grass
| The attorney for Christopher Columbus
Jones asked the judge 10 instruct that hi.
client was to be acquitted on the second
count; that there was no evidence that ht
had walked on the grass. Assistant Dis
trict Attorney Mullowney made the open
ing speech.
| Representative Hudson Of Kansas. whc
BEGAN for the defense, said il was plain