Waterbury evening Democrat., 1903-04-01


 crowd left Hurlburt's shop. 1t was no crime to be at that place or in that crowd.
 MT O'Neill reminded the court of the rule that no one should be bound over unless at least one good reputable wit ness had testified against him. The evidence of 100 accomplices result in nothing Their evidence is of no weight. They said they were willing to tell anything or do anything to get out. Tue witnesses were like so many
 broken reeds. The only evidence of
 weight was given by Merna, who identified Winnegar. All the rest
 amounted to nothing.
 Now what is the charge? 1t ss in- tent to murder and kill, What 1s the evidence? There was nothing said about murder or even mayhem nornng
 said about taking out the eyes of these trolleymen, to maim them in their fighting members, to gouge out
 their eyes. cut out their tongues or cripple them. If 1t was their inten-
 tioY, to murder what was in the way of
 their shooting them when as Merna says the three men entered the car, and what did they do? Nothing but said throw LID your hands. Did they
 shoot or did they kill? No! What was to prevent them from shooting or
 killing? These two men were at the mercy of dhis crowd. if crowd there was. What was in the way then or
 killing or maiming these trolieymen?
 No doubt some one did assault these
 men and he should be punished. Ev- cry man who went up there to beat these trolieymen was co-conspirator,
 but is there any evidence of a con- spiracy? MT O'Neill then quoted from the books on conspiracy. Then
 he resumed his argument asking H
 there was premeditated, concerted ac- tion who were the agreeing parties. All of the accused could not be held 1 for the act of one. If the accused had agreed to give the trolleymen drub- 1 binQ and one of them fired shot and killed one of the trolleymen, the others could not be held. He admitted there was sufficient evidence to hold Winne-
 gar, at present but only him alone. Prosecutor Durant claimed there was motive of murder shown in that ewenty men gathered together that they swore silence, that after beating
 the complainarfts they laid one of them across the tracks so that he would be run over and killed by the car. Was there motive to murder shown Tn a fractured skull and did not one of the l Vandemarks say day or so after one of the scabs is dead. The intent was shown In what they did and the way l i'll which they did it. The court held there was sufficient evidence to hold the accused and they l were accordingly bound over under
 bonds of $2,O00 each. l Court adjourned at 12:30 clock and l the cases against Kelly, the two Ouinns. Costello, Iaall, Ennisl l Thorpe, Whitty, Wolcott and l Kenny were continued to Monday. morning. All of those who have been bound over have procured bail ex- cepting Marsh who was taken to New
 Haven Jail this afternoon at 1:5O. The wife of David Marsh called at the police station this afternoon short ! ly after her husband had left for New Haven. She spoke through an inter- preter and expressed much surprise 1 that he had not been bailed out, stating l that had she known the situation she could have furnished bondsman her. 1 self The strikers were taken at a l disadvantage on account of court ad- | iourning so early in the day, but they l went to work to secure bail for Marsh l and got man, but not on time to fur nish the documents before the prisoner l had left town. The boys felt somewhat I indignant at this and thought that all l things considered it was not using 1 them right Court adjourned about l 12:80 o'clock and Marsh was taken to
 New Haven by way of the Cheshire 1 loop on the 1:5O train But his friends do not intend to leave him there. The strikers executive committee is- sued the following statement this af- l ternoon.
 This. the eighty first day of our
 strike finds our men, firmer than ever, l notwithstanding the many efforts made l to break our ranks, about which we | will have something to say in day or two.
 1 We do not wish to make any com
 ntents on what has transpired for the past two days
 l To-morrCw we will probably have
 some very Interesting reading for the l public
 1
 released on bonds and were about town to-day. James Mccullough and Pat
 rick Barnes furnished bonds for the
 Vandemarks; Bernard Coyle bailed out | Warren; Dennis Allen went bondsman
 for Winnegar, and John H. Fruin for | Brearton. One -wo of the parties
 under arrest besides those who have already turned states evidence have
 signitied their willingness to make 1 statements, but # the authorities mean
 what they say they have all the evi-
 dence they want to convict the men.
 If things turn out this way it will soon
 be case of the devil take the rear
 man and the state will have more wit
 nesses than it will care to accept, l While there may be some truth in l these rumors. one would not think so
 by the conduct of the men who have been released on bonds and who have l since been seen about town. They
 don't act like men who had reason to l fear anything.
 I Whatever way the trial of the men l now 11ndar arrest goes If Is rai.fa in