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Pittsburg dispatch. (Pittsburg [Pa.]) 1880-1923, August 04, 1892, Image 1

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33,923, or an average gain oriOO a
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Increased iu 11 xnontlui to Aug. 1,
33,923, or an average gainoriOO a
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Hngli Boss Charges Murder
. Against Fifteen People
on tlie Other Side.
But the Warrant for His Arrest Held
Until He Recovers.
Leishman, Lovejoy, Frlck and Curry
Conceded Ball by District Attorney
Burleigh The Amount Placed at $10,
000 Apiece Judge Ewing States That
the Men and Firm Do Not Occupy the
Same Position The Company Had a
v Bight to Defend Its Property Mr. Cox
Denies the Suits Are Retaliatory.
The locked out men of Homestead have
at last made good their threat to prefer
charges of murder against the officials of the
Carnegie Iron and Steel Company. She
Pinkerton brothers and some of their de
tectives are included in the list.
A move of this sort had been generally
expected, so the events of yesterday were
not in the nature of a surprise. Of the five
men who surrendered themselves, or upon
whom warrants were served yesterday, H.
CL Prick, F. T. F. Lovejoy and John Leish
man were released on $10,000 bail each, and
Kevin McConnell and James Dover are
now in jail awaiting the convening of the
court this morning, when their cases will
be argued.
Yesterday morning about 11 o'clock Hugh
Boss, one of the men accused with aggra
vated riot and murder, who is now out on
$12,000 bail, came to the office of Attorney
W. J. Brennen and attached his signature
to an information which had be,en drawn up
by Attorneys Brennen and Cox, the counsel
for Boss and the Amalgamated Association.
Warrants Iained by Alderman Klnc
Armed with this paper the attorneys, ac
companied by the Informant and Chris
Steward, went to Alderman Festus M.
King's office on the Southside, where the in
'formationi were dnly sworn to and entered.
The accusation reads as follows:
Commonwealth -of Pennsylvania TH. C'
FrlckjF. T. F. Lovejoy, Robert Pinkerton,
"William Pinkerton. J. A. Potter, G. A.
Corey, J. G. A Xeisliman, H. M. Curry, C
W. Bedell, Prod Primer, W. H. Burt, Kevin
McConnell, James Dovey, John Cooper
and Fred W. Hinde.
Coitmoj.-weai.tii or PzirasvLVAriA,
loujtty of allegheut.
City or Pittsburg,
Before me, the subscriber, Festus M. King,
an alderman In andfor the said city of Pitts
burg, personally came Hugh Boss, wbo upon
oath administered according to law, de
poses and says that in illfflln township. In
the county of Allegheny, and State of Penn
sylvania, on the 6th day of July, 1892, H. a
Frick, F. T. F. Lovejoy, Bobort Pinkerton,
William Pinkerton, J. A Potter, G. A. Corey,
J. G. A. Leishman. H. M. Curry, C. W. Be
dell. Fred Primer, TV. H. Burt, Kevin Mc
Connell, James Dovey, John Cooper and
Fred W. lllnde, did of their malico afore
thought feloniously . and riotously, with
force and arms and deadly weapons, kill
ind murdorand did cause feloniously to be
killed and murdered John E. Morris, George
W. Butter, Silas Wayne and Joseph Sotax,
then and there boins in the peace of tbe
Commonwealth of Pennsylvania.
Prays for Their Arrest.
This Information is made upon informa
tion received and belloved to be true by this
deponent. Complainant therefore prays
and desires that a warrant may issue and
the aforesaid defendants may be arrested
and held to answer tbe charge of murder,
and further deponent sayeth not.
Sworn and subscribed to before me this
Sd day or August, A. D., 1892.
Huan Boss.
Festus M. Knto,
Mr. Frick is known as the Chairman of
the Carnegie interests, Mr. Leishman, Vice
Chairman; Mr. Curry, Treasurer; Mr. Love
joy, Secretary, Mr. Potter.Superintendent of
the Homestead works and Mr. Corey an
under superintendent. Nevin McConnell
was a heater at the works, but was recently
promoted to the superintendency of open
hearth furnace Xoi 2, and James Dovey is
Master of Transportation. Robert and
"William Pinkerton are the head of the de
tective agency which bears their name, and
the other five men were their detectives,
who were on the barges the day of the fight,
and who subsequently appeared against
O'Donnell when he applied to be admitted
to bail
Chairman Frick Not Arrested.
As soon as the information was made
warrants were issued forthe arrests of those
named, with the exception of Mr. Frick.
His warrant was held, out of consideration
for his condition. The warrants for the peo
ple at Homestead were given into tbe hands
of Cnris. Steward, a constable of the bor
ough ot Homestead, who returned to the
little town by the river on the first train to
search for the parties wanted. The serving
of the warrants on Secretary Lovejoy, J. G.
Leishman and H. M. Curry was entrusted
to Joseph "Walls, of Alderman King's office.
Mr. "Walls did not find the gentlemen he
wished, for they had been apprised early in
the day of the intended move, and while he
was waiting at the office of the company for
them to make an appearance, the accused
aieu, with their counsel, were busy attend
ing to tbe preliminary matters involved in
making an application to be admitted to
As soon as the counsel for the Carnegie
people were certain that the informations
had been entered, they sent word to Alder
man King stating that their clients wished
to appear before hint to be taken to, court
fcrbaiL The messenger returned with the
information that the Alderman was not in.
Messrs. Leishman, Curry and Xovejoy, with
their lawyers, then began a still hunt for
Judge .Ewing to' make application for baiL
The Judge was, easily foundand expressed
his willingness to listen to the application.
District Attorney Burleigh sent a messenger
after Alderman King, who soon arrived.
JUDGE; EWING A'KS whx the ac
cused ARE HELD.
District Attorney Bnrlelch Concedes Ball
to Frlck, Lelihmap, Lovfjoy and Carry
Released on 510,000 Bonds Sharp
Cross-Flre Tletween the Court and
It was not generally known that the ap
plications for bail for the Carnegie officials
were being heard In the Common Pleas
Court room yesterday, so the audience was
very small, indeed. Besides the accused
men, a number of people connected with
tbe company and the reporters, there was
hardly anyone else present. Judge Ewing
sat on the bench and gave his opinions
in a decided manner. There was a great deal
of cross-firing between the Judge and the
attorneys, which was thoroughly relished by
all present I twas reported that Superin
tendent Potter was in court part of the time
listening to Jhe proceedings. WV.en he
heard Mr. Cox say that Potter was one of
the men who would not be conceded bail it
is said the Superintendent retired, and the
constables have been looking for him ever
Judge Ewing wasn't long in getting down
to business, and opened the case with the
Well, gentlemen, w bat is the general out
line of j our ground for holding the accused!
Mr. Burleigh I would ask Jdr. Brennen to
state that.
Mr. Brennen Well, we are informed that
four of theso men that are charged here
possibly five of them were on the boat.
Judgo Ewing lr you wish me to take Ju
dicial notice of common rumors and news
paper stories, I snpposo I understand what
you are talking about.
Mr. Brcnnon That they were on the boat
that morning, and one of tbem ordered tbe
firing upon tbe citizens, and the others
stood by and assisted. '
The Hall conceded.
Judge Ewing Well, that is a portion. Now
who are they that yon concede to be entitled
to be admitted to ballt
11 r. Cox All excepting Mr.
Dovey.Mr. jicCounell, and Mr.
Potter, Mr.
. Curry and
Mr. Lovejoy.
JudseEtving That would be five. How
many informations are theret
Mr. Cox Well, I suppose about 12. So far
as the Carnegie people are concerned, Mr.
Lelshmau and Jtr. Frlck himself, and Mr.
Curry, we are satisfied.
Judge Ewing Well, what is your ground
for holding anybody?
Mr. Brennen Well, that there were four
men killed; and that eight of these men (de
fendants) were on the boat.
Judge Ewing Where were the mon when
they were killed what were tbey dolngl
Mr. Brennen Well, we say they were not
doing anything.
Judge Ewing Well, where were theyt
Mr. Burleigh On the boat or bankt
Jtr. Brennen They were on the bank of
the river. Tbey were not doing anything.
Judgo Ewing What were they doing
Position of the Men.
Mr. Brennen Well, that we do not know. '
They were curiosity seekers, I suppose. Of
coarse, our position in this thing, your
honor, is largely thus: I take it that the
position taken by the Carnegie Company
was thattbnt property was In the possession
of the Sheriff of Allegheny county; that
while in the possession ot the Sheriff of
Allegheny cuwrtr tbey brqnght 800 arnredr
men to take possession of the property; or,
rather I nm putting it strongly that it
was not la their possession, bat It was
iu tbe possession of -a mob that was there.
That was their position, and tbey called
upon the Sheriff to put them In possession.
Tlio Sheriff did not act In the premises, I
suppose, fnt enough for them, and then
they armed 300 men, or badarmsfor 300 men,
of whom probably 60 or 100 were armed, and
thev took tbem up there to take possession
or the property without a legal proeesg; that
by to dolu', I take It, they occupied very
largely the relation spoken of by Judge
Paxson In an Eastern case. "This thing of
armed people on both sides proposing to de
cide questions that ought to be decided in
Judge Ewing What question was to be
decided between these parties? One bad an
undisputed right to their property; the
others had none whatever.
Mr. Brennen Well, that was a matter
that, it seemed to me, would have to be de
termined in some other, way than sum
marily. Not TJnder Claim or Right.
Judge Ening Well, was there any ques
tion about that? That is not the case ot one
party in possession of a piece of property
under claim of right an lonest claim of
right and the party wbo claims it, Instead
of brlnglnz his ejectment or .bringing him
personally before the magistrate, goes with
force to thrust him out That is not - the
Mr. Brennen Woll, It occupies a very
close relationship to that.
Judge Ewing No, none at all. If you
would come home and find me In possession
of your house, and holding It where I never
had any claim
Mr. Brennen Well, Tour Honor does not
undertake to say that a man can jro oat and
arm 200 or 300 men and come in and take pos
session? Judge Ewins Ton can take possession cf
your house, and if I use violence I have to
look out for It.
Mr. Brennen Well, wo do not, of course,
take that view of the matter, Tour Honor.
Jndgo Ewing Woll, then, what I want to
get at is, this being a question of law, what
tbe precise facts are in lesnrd to a particular
man. J have no doubt about the right of a
party to hold the property.
Mr. Brennen We had not a particle of
rizht to bold that property, lr they were In
possession: but they nave said they were
not In possession of the property: and, there
fore, not being In possession of the piop
ert,tho question is whether or not these
patties bad anyrichts theie. Itseomsto
mo they had a legal remedy to apply, but no
right to take a lot of armed men in to take
possession and, if somebody interferes, to
shoot tho man.
Judge Ewing Were your people in posses
sion? Mr. Brennen Why, that I do not know.
These people were there. There Is talk
about theso peoplo trespassing upon this
property, but irom what we gather they had
property lencedin there that did not belong
to themselves at all, but belonged to the city
of Pittsburg.
Taken from tho River.
, Mr. Cox It belongs to the United States
Government, and I think the very ground
that these people were on was not tbe prop
erty or Carnegie Brothers. ,
Judgo Ewing I dlcTnot know the United
States Government owned any of that prop
erty. Mr. Cox By their encroaching process on
tho river they have made 25 or 30 acres of
giound that tbey never bought.
Judge Ewaig If I understand the situa
tion aright the men killed had no right
there whatovorj
Mr. Brennen That I do not know.
Judge Ewing Well, they were not own
ers. They weie not representatives or the
Mr. Brennen It seems to me a 'trespass
would not justify a killing.
Judge Ewing Not an ordinary trespass,
no. . .
Mr. Brennen And If these people were
there merely as trespasers, that did mot
justlty the killing?
Judge Ewing Well, that depends on the
circumstances of their trespass.
tr. Brennen That if a lot of men ran
down there to tbe river
Judge Ewing I do not understand that a
man, when there is a mob attacking him or
his property, is bonnd to be
Mr. Brennen Well, there had been no
attaok on them or tbelr pioperty up until
that time.
Judge Ewing The fact that there Is a
large number of people there
Mr. Brennen Would only Indicate that
they were trespassers.
home Defendants Present.
Judge Ewing-A.ro the defendants here?
Mr. Burleigh There are four ot them here,
I understand. '
Judge Ewing What fourt ,
Captain Breck Mr. Lovejoy, Mr. Curry
and Mr. Leishman three. We did not know
until a few moments ago that tho warrants
had been Issued.
Judge Ewing There wnsa waiver of bear
ing befoie the magistrate?
Mr. Brennen No, there has not been.
. Mr. Burlolgb So I understand lrom the
counsel for the defendants.
Judge Ewing Did you waive a hearing
before the magistrate? Some attorney rep
resenting tho defendants has the light to do
that. F
Mr. Burleigh Yes, sir.
JncUre Ewing Old nny of you go over?
Mr. Kobb No. there were none of us over.
We received a message, and wo did not
know it until 10 or 15 minutes ago.
Mr. Burlelge In this case tbey could not
give ball for a bearing.
Judge Ewing No. I presume It could be
done with tbe consent of tbe District At
torney. Mr. Barlelgh Could that not be as well
done in court as before the Alderman?
Judge Ewing I think not. Have you any
Like the Other Cases.
Mr. Brennan No, wo assumed that this
would be conducted the same as was dono In
the other cases when we came in. We asked
for a hearing, and asked them If they were
ready. They said "NO, wo will be ready to
morrow morning." We begged and coaxed
them in court to let us do this thing, and
they would not do It.
Mr. Bobb Mr. Brennan waived a hearing
right In court.
Mr. Brennen Every man wasarrestedand
every man was In Jail before that. '
Mr. Robb Ton waived your hearing right
in court.
Mr. Brennan No, wo did not; we did it
before that.
Judge Ewing I think tho regular way is
to have tho bearing waived.
Mr. Brennen In every instance the man
was in jail. They insisted upon tho
men "being delivered in Jail before
they would consider the case at all, and
then said: "We will bring the evidence to
morrow." Judge Ewing Well, if it is intended
merely for delay we will hear them.
Mr. Bobb I do nqt see. If Toar "Honor
please, If tbe District Attorney is ready to
consent to It, why we cannot waive a hear
ing right in court. The object is to get into
court, and when the parties aie in court
Judge Ewing The Court has no chargo be
fore it.
Mr. Brennen These people do not really
know that there is an information made, as
far as that Is concerned, except what they
rend In tbe nowspapers.
Mr. Kobb Ton do not denyifc.
Judgo Ewing As I understand It, I think
we bad better not make bad mecedents.
Mr. Kobb If Tour Honor will give us 15
minutes we will endeavor to reacn the
Judge Ewing We will give you whatever
time Is necessary.
Bail Conceded to Foar.
Alderman King appeared in court with
the records in the case and the defendants
waived a hearing and proposed to give ball
for trial at court.
Mr. Burleigh It is concoded, if the Court
please, that if. C. Frick, H. M. Curry, Mr.
Leishman and Mr. Lovejoy are entitled to
be released upon bail.
Judge Ewing Then we will not go Into
any hearing about those; and, there being
no bearing, there is nothing to do but sim
ply take them in charge. I suppose they
can give $10,000 as easily as $1,000. Wbo do
yon offer as ball?
Mr. Patterson A W. Mellon and It. B.
Judge Ewing Well, they are perfectly
good. That leaves five wbo are parties de
fendant. The Court is ready for a hearing.
Do I understand you to say that all these
parties are present?
Mr. Brennen Tes, Tour Honor, except
those four that we have mentioned.
Judge Ewing Now I will say to you that
I do not know what yon have. I think It Is
possible for a person present to bejrullty of
murder in tbe first degree. Ton have as
sumed that the Court knows the general cir
cumstances as stated and as stated by the
men on the shore, who made the attaok. As
I see in the newspapers I do not think that
you oould even make out a charge of mur
der against tbe men generally In charge,
unless thero was, unnecessarily, at tbe time,
the shooting of some man; and especially
murder in the first degree. 1 think It is
hardly possible that there Is a case against
them. '
Parties Not on tfaer Same Footing.
The two parties standi n an entirely differ
ent position. The parties attacking, that
are charged in the other cases, were there
without the shadow of a right and without
tbe shadow of legal authority. Tbe others
were there with legal right. Whether they
went in tbe right way Is another ques
tion, but It does noc make it mnrder
in the first degree in any aspect,
whereas those wbo went there were Illegally
there taking the statement of their own
friends as published; they were there illegal
ly. These were not. And unless you are pie
pared to show that there was a deliberate
killing, unnecessary to resist the mob, then
there Is no use in taking up time in hearing
the charge of murder of tho first degree, be
cause there Is not an element of murder in
the first degree In it. It would not be mur
der In the first degree to resist a mob lor the
possession of property. There has been a
great deal of useless talk by men wbo ought
to know better that these parties stand on an
equality. They do nor, and It is a great In
Jury to these men. It does a great deal to
ward fostering and stirring up disorder and
mob rule when newspapers ana some law
yers undortake to treat them as being on an
equality in right, or claim that the parties
haduilsht to be theie and to resist. They
had none. If you are not prepared to show
that there Is a reasonable ground tor believ
ing that some of these men deliberately and
intentionally killed a man unecessarlly in
the defense there.there is no use In going on
with It.
Mr. Brennen I think we can show you
one of our men it as shot who merely held
up a loaf of bread, and was shot off this
Judge Ewing That may be, if he was
there in the way.
Not Nice In Defending Property.
Mr. Brennen There wasn't any shooting
at that time except off the boat.
' Judge Ewing It is not necessary that
thero should be shooting If, there is a mob
there. When you get an nrmed mob that
has been shooting people that are there
one tbe other side forthe protection of prop
erty they are not very nice about it.
Mr. Brennen And, really, they were not
very nice.
Judge Ewing They ara not bound to wait
until tbey are attacked and fire simply shot
for shot. If you are prepaied to prove any
thing of this sort 1 want to hear It: bnt I
mention If you are noc there is no use in tak
ing up time.
Mr. Cox That is our information. I think
we can prove that.
Mr. Biennen lhat the firing was com
menced by tho shooting of u man who
Judge Ewing It is not very material in ro
caid to that. If there is any probable cause
to make a case In law. then I am willing to
sit patiently and hear it Just as long as may
be necessary. But I gave yon my geneial
idea of the law, and 1 haven't anv doubt
about tbe law; and I do not think anv law
yer or any respectable court will hold any
thing else.
Mr. Brennen Oh, we understand, Tour
Honor tomakelt murder of the first degree,
that it will have to bo taken out of the
statute, and that we s ill have to show that
there was some specific Intent to kill.
Judge Ewing Ton hae got to show more
than that. ', ,
The Jndge Willing to Stay.
Mr. Biennen Well, to kill without reason
able cause or Justification.
Judge Ewing And is it not reasonable
cause if there was a mob attacking, and it is
not material whether the party killed had a
gun or not. I will staf here until a late
hour, or I will come to-morrow morning.
Mr. Brennen Well, if Tour Honor will
come to-moirow morning we will either have
our witnesses or decide what we will do.
Judge Ewing If there is a case, why I
want to hear It.
Mr. Brennen Tour Honor sort of con
founds our position. Whlle we don't pre
tend that the men were acting in an entire
ly lawful manner, or probably a lawful man
ner at all, we contend that, on the other
side, these men were proceeding In a law
less manner as well, and that their acts will
have to be adjndged Just as tho acts of tbe
other side.
Judge Ewing Oh, no. (
Mr. Brennen With reference to "whether
they were right or not.
Judge Ewing That Is what I want to call
your attention to .and I do not tblnk there
Is any reasonably good lawyer who Is Im
partial, or Jndge, or nny Court that will
hold that tbey were on an equality at all.
Mr. Brennen I do not state that they
are on an equality. I state quite the con
trary. Judge Ewing One was a mob, and the
other was
Mr. Brennen A mob, too?
Jndge Ewing No. When they are there,
and the mob confronts them, they have a
right to uso arms pretty freely. . .
Mr. CoXf-I don't think they had any right
to land at all under the circumstances. They
knew oil that before tbey tied up.
Mr.' Patterson If Tour Honor t please,
there nie two of these 'defendants McCon
nell and Dovey, I do not think the counsel
on the other side will claim to have anything
against thorn.
Mr. Cox Wo do not know. Wo wore an
swered that way in our cases. Wo don't
know until to-morrow.
Mr. Patterson Well, you ought to know.
Mr. Cox We asked .the same questions
and we were put off from day to day.
Jndge Ewing Ton did not stand In the
same position.
Mr. Cox Well, that is the question. Tour
Honor doesn't know the circumstances In
the case.
Judge Ewing Tou have assumed I did;
and I say I take the statements that are put
out by those friendly to yonr side, not the
hostile statements of tho other side; I take
your side of tho case as it is stated, and it
has been 'assumed that the Court had the
knowledge from public ovents.
Mr. Cox The cases that I have referred to
were tbe cases of Peter Allen and Matthew
Foy.- Wo asked the same privilege, for
neither one of tho two are nny more guilty
of murder than Mr. Patterson Is, and they
were about as far away from the scene of
notion as Mr. Patterson was. They were ar
rested late Friday night and brought down,
nnd we asked the same privilege, and they
were kept In Jail until Tuesday morning,
and these peoplo will be ashamed to prose
cute when the cases come to trial.
Wanted to Give Ball for All.
Mr. Patterson The gentleman under
stands very well how that matter was. We
were all day Saturday in the hearing of the
O'Donnell case, and in the evening Mr. Cox
did speak to me about Mr. Foy. I said I did
not know; Captain Breck had taken the
statements with reference to that, and he
was not In at tbo time, and I bad no knowl
edge that would enable me to make any
statement as to whether they were to bo re
sisted or not. That is all there was in that.
There was certainly no diSDOsltlon on our
part to keep any man In Jail an hour unless
there was reason for keeping there. Theso
two men (McConnell and Dovey) that are
arrested, I don't think there is any reason
for taking tbem to Jail to-night. We are
Serfectly leady to give ball for them and
ave them here In tbe morning, and have
all these other parties wbo are not volun
tarily released on ball here In the morning.
1 think hit friends upon tbe other side will
probably withdraw their opposition to their
being released on ball. One of these men
wa.not on the boats or near the placo at all.
Mr. Brennen Theso men were not In the
not, but they were kept in jail four days.
Mr. Cox And these are no batter men
than O'Donnell.
Judgo Ewing Do I understand that this
was made to put these men in Jail?
Mr. Cox No, sir; not at all not any more
than the other was made.
Not a Case of Retaliation.
Judge Ewing Is it a retaliation?
Mr. Cox No, sir. lr Mr. Frlck had not
met with this misfortune it would have
been donelong ngo.
Mr. Patterson These men were not In the
fnss: tbey were not arrested, and I don't
know what is against tbem. Keally, gentle
men, I don't think you havo got canse to re
sist McConnoll's and Dovey's applications.
They are not arrested. We will see that
they are hero in tbe morning.
Mr. Cox Personally we would like to do
it to please you. but wo can't consent to it
under the clroumstancs.
Judge Ewing Do you expect to havo
proof that these men were on the boat each
or them?
Mr. Cox Tea, sin Dovey
Jndge Ewing Dovey, McConnell, Corey
and Pottor. What about Bedell?
Mr. Cox He. was on the boat.
Captain Breck He 1s a Pinkerton man.
He Is not here and is not In the city.
Judge Ewing Mr. Primer, Mr. Burt, Mr.
Cooper and Mr. nines
Mr. Breck Mr. Hines is laid up in tbe
hospital and is likely to die, and has been
there ever since the morning of the shoot
ing. Mr. Patterson' Tou don't mean to say
Dovey was on tbe boat?
Mr. Cox That Is our positive information,
Mr. Patterson. We have no desire to be
captious in the matter, but that is our posi
tive Information.
Judge Ewing Wha.S fays the District
Attorney lu, urC- - "-
Mr. Burleigh TheTHstrlct Attorney Is in
this position in tbw oase, that he doesn't
know anything about what evidence the
gentlemen have. .
Should Post the District Attorney.
Judge Ewing The Distriot Attorney
ought to be informed in all these cases and
have an outline of tbe evidence. It is for
his discretion to a certain extent, and to a
large extent.
Mr. Cox That Is trne. Tour Honor, but
this Is a very unusual proceeding. The in
formations were made at noon to-day. and
before we had time to apprise or acquaint
IrliO iLBUlUb JLklUlilUJ T frU bUD JMJ13 IrllCBO
people present themselves in court to save
going to jail.
Judge Ewing I did not know; I thought
the information was here and everything
when I came.
Mr. Cox This is an unusual proceeding
and ought to be treated so by the Court,
and we havo not had tlmo to acquaint the
District Attorney with tho facts and I do
not know that we weie bound to before the
information was made. Wo have never
seen the District Attorney until here In this
Judge Ewing While you were watting
beie for the Alderman you could have
given him an outline of what your evidence
Mr. Cox We could have done that, bnt
we were rushed in here without any notice
at all and without any opportunity to
consult with him. This is very different
from the other proceeding, if Tour Honor
Judge Ewing Thero is no difficulty in
your telling the District Attorney.
Mr. Cox Well, we will tell him. We have
nothing to conceal.
A Hearing Recommended.
Messrs. Cox, Brennen and Burleigh then
held a consultation, after which Mr. Bur
leigh reported as follows:
"If the Court please, in the light of what
these gentlemen havo told mo, I do not see,
iu Justico to all parties, how this case can be
disposed of without a hearing. Tbey pre
sent statements to me, which, If proven,
would certainly be questions forjndlcial de
termination, and I suppose I am to assume
them to be true that Is, the lact that thoy
are able to prove what thoy state."
Mr. Pottoison If Tour Honor will allow
me to say a word or two 1 understand
Mi. Burleigh They tell me thatrthey will
Srove that theso men. Including Dovey and
cConnell, were on the boat: that they were
armed; ,that they were in charge of the par
ties, gave the order to shoot, and that they
unnecessarily shot down Innocent people.
Judgo Ewing There were no such people
Mr. Cox Well, they shot down people
Mr. Burleigh They tell me that; and I
assume that it Is a matter, not for tbe Dis
trict Attorney to decide off-hand, but for
tbe Court to decide after hearing tbe evi
dence, the statements in regard to which I
have simply heaid.
Mr. Patterson Explains.
Mr. Patterson What I desire to call Tour
Honor's attention to Is this, that in the hear
ing of the otbar cases before Judgo Magee
all were released who applied for release,
with one single exception. There proof was
admitted that those who were accused were
. on tbe bank when the shooting was done
that resulted in the killing of the people on
the boat, and no evidence whatever that
those wbo were present there paiticlpating
or interfering with the shooting going on.
The one man whose application lor ball was
refused, was a man who was shown, or at
least theie was evidence to show, that he
was armed with a rifle; that he was behind
a barricade on the bank: that he had his
Judge Ewing That was after a bearing?
Mr. Patterson That was after a bearing,
and he was the only man whose application
for ball was refused. Now, If these men
were not held who were shown to he on the
bank when tbe shooting was going on which
resulted in the killing of the men on the
boat, 1 don't think that these men ought to
be held simply from the fact that tbey were"
on tbe boat when the shooting was done in
response to the shooting on the bank, which
resulted In the killing of people on the
Mr. Cox They were all held pending the
examination of one case, and you selected
one man for the hearing. Mr. O'Donnell, and
the others were kept in Jail whilo that hear
ing was going on. They were not considered
at all.
Mr. Patterson Very well; surely all theso
men did not give tbe order to Are.
Mr. Burleigh No, that was Mr. Potter, ac
cording to the statement to me.
Mr. Cox They are acting In harmony.
A Hearing for Supt. Potter.
Mr. Patterson We are perfectly willing to
nave a hearimr in Mr. Potter's case, but as
to Mr. McConnell and Mr. Dovey our in
formation is that Mr. Dovey was sot on the
' , ' nJltl
nnlwSf liw
boat at all, nnd Mr. McConnell was ex
amlned in one or. two coses before Jndgo
Magee, and he appeared to be on the boat,
but there was nothing to Indicate at all
that he was armed or taking any part in the
firing. , . ,
Mr. Brennen We did not have the ohance
to ask him. We were trying another case.
We were not trying bis.
Judge Ewing The intimations that have
been thrown out seem to indicate a disposi
tion to hold these in jail; but I will postpone
the further hearing of tuls case until 9 30 to
morrow morning.
Mr. Cox I want I to state, if Tour Honor
please, that thero is no disposition of that
kind. We could have had every one of these
gentlemen in jail to-night if we had been
disposed to have done it In that way. These
informations could have been . made at this
hour Just as easily as at 11 o'clock this morn
ing, and Mr. Leishman and all these people
could have been put in Jail very safely be
fore Hour Honor oould have gotten any
niianoA tn consider their case.
MrFattarsoiv-Thar would .have been, an
'inltlfttlcel "
Mr. Cox We made these Informations
this morning to give you all every oppor
tanlty, for we have no desire to be unfair
with you.
At the conclusion of this discussion the
hearing in the cases of the defendants who
waived their hearings through Mr. Patter
son was postponed until this morning,
when Alderman King was instructed to
have bis docket in court again, so that
others who may desire to do so may waive
the preliminary hearing.
Messrs. Lovejoy, Curry and Leishman
were admitted to $10,000 bail each, the
-Messrs. Mellon, the bankers, going on their
'The New Elizabeth Gasser Ono of the
Biggest Ever Brought In Increasing
Every Hour The Largest Casing Ever
Used The Philadelphia's Regrets.
Elizabeth.Pa., Aug. 3. Special The
large gas well brought in by John A. Snee,
of "West ElizaBeth, is pronounced the largest
gas well ever struck in this State. The
well is located on the Homer "Wright farm
and joins the Targe tract of land owned by
James G. Blaine iu Forward township,
which has been leased by Mr. Snee.
The well is 1,809 feet deep, and the re
markable flow of gas was struck in the
Gantz, sand. The flow is increasing every
hour, and the roar of the escaping gas can
be plainly heard 12 miles. "What makes it
more remarkable Is that it isa6X-nch
hole, being five-eighths of an inch larger
than the largest casing used.
The well is located within 50 feet of the
Philadelphia Company's 18-inch line from
the Bellevernon field, andjthey are casting
watchful eyes on the well, as it is a matter
of regret with them, they having been
offered all the territory own by Mr. Snee
in this field, with only one gas well one
year ago, for ?25,000. This was considered
too high, and they now see their mistake.
The excitement here and in the surround
ing country is intense, and people are flock
ing to see It.
Kansas City Thermometers Are Again
Above the 100 Degree Mark.
KANSA3 Citt, Aug. 3. The thermome
ter to-day reached 96 in the Government
Weather Bureau. Down on the street
many thermometers marked 100 and 102.
In Western Kansas it is hotter still, the
official temperature in some places being
96 and 100.
A great many complaints of the condi
tion of corn in Kansas were received by
commission men in the Exchange building
this morning and a majority of the dealers
here are of the opinion that the prospect is
for little more than hair a crop, taking the
State as a whole.
Twenty Thousand .trmed Men In One Pro
- vlncelrfy tho Government.
San Francisco, Aug. a News reached
Hakow, China, In the latter part ofJnne,
that a rebellion had broken out in Szechnan,
eitheratPaoningorPa, which towns are
about 150 miles north of Chung King.
Xhe authorities' had sent troops from
Chingtn against the rebels, who were said
to be 20,000 strong.
H. C. Frlck Softer n Shock by the Dfalh or
'fill Child.
H. a Prick is rapidly regaining his
health. The death of his son was a severe
blow to him, however, and may delay his
coming down town several days. It is
hoped by his physician that he will be able
to b out by next week.
... '
A Lake Which Did Not Exist in 1877 if
the Planet Is Inhabited, It Must Be by
reqnlmaux Present Observations In
complete. Lick Obsebvatobt, Cal., Aug. 3
Edward S. Holden,of the Lick Observatory,
said to-night regarding the opposition of
We are simply endeavoring to obtain some
accurate information regarding the planet
that is all. Future oppositions, in which
the planet will be seen at greater altitude,
will be more favorable, even lr tbo planet 13
then more distant, for It will be nearer the
zenith than now. We also wish to know
how nearly Mars resembles the earth, and
whether It Is fit to be inhabited by beings
Hko ourselves-.
It has been proposed by certain enthusi
astic astronomers to determine this quel,
tion. In my opinion tbe time has not yet
come to even speculate on tbe question. My
ieason for saying this is that I think it very
doubtful if all the observations yet made
are sufficient to enable ns to pronounce even
the lesser points we seek. There is very
little doubt but tbat by and by science will
Interpret all or nearly all of the phenomena
now seen and to arrive at certainties. Just
now only a lew things aro cortalnly known.
We are now giving nearly all tbe time of
our great telescope to the work. We have
found great changes in details of surface,
while the main outlines have remained
much the same. These changes have seemed
to be so great tbat it Is often difficult
to explain them by terrestrial analo
gies. If there are people on Mars
I think they are Esquimaux. If the
red areas are land and tbe dark ones water,
we can describe great inundations which
have taken place, and might mention the
fact that where there aro now two lakes
there was only one In 1S77. Some tlmo dur
ing next autumn we shall have finished our
observations. It Is very probable that we
can then draw some conclusions which are
certain, and it is possible that considerable
new light may be thrown on the problem.
Spain and the United States Exchange Com
pliments on an Anniversary.
Washington, Aug. a The following
cable messages were exchanged to-day:
Li ItABIDA, Aug. 3.
The President:
To-day four hundred years ago Columbus
sailed from Palos. discovering America.
The United States flag is being hoisted this
moment in front of the Convent La Babida,
along with the banner of all the American
States. Batteries and ships are saluting
them, accompanied by enthusiastic acclama
tions of the people, army and navy. God
bless America. Piueto, Alcaldeof Palos.
WAsniHQTOif, Aug. 3. 5
Senor 1'rlcto, Alcalde de Palos, La Kablda, Spain:
Tho President of the United States directs
me to cordially acknowledge yonrmessage
or greeting. Upon this memorable day, thus
fittingly celobrated, tho people of the new
western world, in grateful reverenco to the
name and fame of Columbus, Join hands
with tho sons of tho bravo sailorsjof Palos
and Uuelva who manned the discoverer's
caravels. Poster, Secretary of State.
.Resigns His Penitentiary Position, bnt Be
fuses to Admit flli Gollt.
Columbus, O , Aug. a fixrfal. A
sensation of nnusual proportions developed
at the Ohio penitentiary to-day. The man
agers were in session, when Warden James
called the attention of the board to the fact
that serious charges against the morality of
the chaplain, Bey. J. M. Triffitt, had been
made and apparently were well substan
tiated. A letter was read from the chap
lain, in which he says that while not ad
mitting the truth ot the charges against
him, b knew they impaired his usefulness,
and he would therelore resign.
Rev. Mr. Triffit was appointed to his
present position by the Bepublican admin
istration, from Huron county, though he
formerly resided in Summit county. He
was in the ministry of the United Brethren
Church for 12 years, but more recently has
been identified with the Congregational
Johnson Island, Claimed by Oar Govern
ment, Annexed by England.
San Francisco, Aug. a The published
statement is made here that the British
cruiser Champion returned to Honolulu
July 25, after having 'annexed Johnson's
Island to the possessions of Great Britain,
but no official advices have been received
here to that effect.
The State Department at Washington has
decided tbat Johnson Island appertains to
tbe United States by reason of the visit of
the ship Palestine, July 22, 1858, while in
the service of the Pacific Gnano Company,
which left men in actual occupation ot the
Doyey and McConnell Arres
ted, and, After Snpper
and a Carriage Eide,
Superintendent Potter and Treasurer
Curry Eyade the Officers.
They Will Probably Surrender To-Day
Thomas Bowen, the Mill Worker,
Who Caused the Trouble at Mun
hall Station Yesterday, Drops Oat of
Sight He Is Not Heard of After the
Train Leaves Homestead, Although
He Was Supposed to Be in the Cus
tody of an Officer Superintendent
Corey Is Also Among the Missing
Men at Homestead.
Shortly after noon yesterday Constables
Stewart and Gingher, of Homestead, visited
the offices of the company. They were
armtd with warrants for the arrest of Gen
eral Manager Potter, Superintendent
Corey, J. P. Dovey and Kevin McConnell.
The charge was murder. The offi
cers arrived too late to get
Mr. Potter. He and Treasurer Curry had
gone into Pittsbnrg on the 12.30 train.
Corey was not in sight, and the constables
only got McConnell and Dovey. The men
were in the mill at their work, and it was
considerably later in the afternoon when
they were arrested.
Tbe constables kept them prisoners at the
mill until about 4 o'clock. It was their in
tention to catch the 4:05 train at Munhall
station. They took the men over and when
they got there it was discovered that the
train was 25 minutes late. McConnell and
Dovey were taken into the station.
Causes Excitement at Homestead.
The mill workers had gathered in large
numbers on the platform. The' feeling of
the crowd was very noticeable. The depu
ties and soldiers on hand saw they could
not handle the crowd. The dispatcher was
sent to the Provost Guard's head
quarters and a full company,
under charge of Major Crawford,
was sent to Munhall. When the troops
arrived the men were crowding up around
the station, eager to get into where the
men were confined. The troops were
hastily formed into company front and the
crowd driven back at the point of the bay
onet Thomas Bowen, a mill worker, fell back
very reluctantly. As the guards -pressed
him off the platform he gave three cheers
for the arrest of McConnell and Dovey. He
concluded this expression of bis
satisfaction with a vile im
precation. In an instant two of tbe
soldiers caught him. They hustled him
into the station and turned him over to a
couple of deputy sheriff. Tbe train came
along shortly and the three prisoners were
put on. There was no further disturbance.
Enthusiastic bat Orderly Crowds.
When the train came up to the City Farm
station another crowd had gathered to see
the train pass through. Colonel Creps was
stationed there with another company of
troops. The crowd seemed to be very en
thusiastic, but it was not Boisterous. As
the train passed through men were heard to
say, "there they go; we'll see how they like
Coming on up to Homestead proper the
train had another crowd to pass. It was
very orderly, however. Another company
of militia and numerous deputies patroUed
the platform and kept the best of order. A
small detail of National Guards was sent
down to Pittsbnrg with the prisoners, as a
precautionary measure.
Dovev and McConnell were not taken to
jail as soon as they arrived in the city. It
was midnight before they were assigned
At 12:55 or the moment Constable Stewart
with Constable J. H. Gingher were enter
ing the works, Superintendent Potter was
boarding a Pittsburg bound train. Mr.
Curry received information that the con
stables were after him, and left the mill
before they arrived. The other two gentle
men received no such information and they
are now Warden McAleese's guests.
Placing the Men Under Arrest.
Yardmaster Dovey was watching some
men move a piece of heavy iron whei he
was tapped on the shonlder, and as he
turned he beard Constable Stewart say:
"Are you James Dovey' I have a warrant
for your arrest as an officer for the Com
monwealth of Pennsylvania."
Dovey said he was ready to be arrested
and the constable began the performance of
his duty.
From the large piles of scrap iron the
two constables and their prisoner went to
the open hearth milL Here Mr. McConnel
was engaged. He turned at their approach
and a significant look passed be
tween himself and the pris
oner. Mr. Dovey introduced the
party. The constable served his warrant.
The quartet moved across the mill yards
and came to Alderman King's office. They
left the Alderman's office together, alter
saying they would proceed to the jail.
Left to the Constable's Discretion.
Constables can use their own discretion
regarding the commitment of their pris
oners and they may, if so disposed, keep
their prisoners in a hotel, in a. car
riage or in any other place, so long
as the people in custody did not
escpe. Constables Stewart and Gingher
did this. After a lone wait at the jail
the party toot a carriage and went to
Kewell's for snpper. Afterward they
drove to the East End and from there went
to Ohio street, Allegheny, where McCon
nell called upon a friend. They then re
turned to Newell's for lunch. Shortly
after 10 o'clock Dovey and McConnell, ac
companied by the constables walked up to
the jail, where they were admitted by
Warden McAleese.
All went into the office, where the formal
introductions of official jail commitment
took place. The Warden read the papers,
the prisoners gave their names In low tones
and the usual search was msde by the
keeper. Mr. Dovey tried to assist Keeper
McNeil by removing all his personal effects
irom his pockets.
'Was Something ora Surprise.
'Isn't vour commitment to jail something
of an unwelcome surprise 1" .was asked of
, "I have nothing to gay for pnblition,,
-. .-
,-jSu artk: !

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