Deseret Evening News

COXEY'S DEFENSE.
The Police, Not He, Violated the
Regulations.

Two Witnesses Testify.

The General Makes a Statement In
His Own Defense.—The
Bible Quoted.

Washington, May 7.—The defense
had its inning today in the trial of
Coxey, Browne and Jones for the May
day demonstrations. Attorney Hy-
man made the opening statement for
the defense.
There was no denial of
defense for what the commonwealers
had done. He began to say that the
defense would consist in the lawful-
ness of their action. He could remem-
ber but one similar occurrence in his-
tory, and thereupon he produced a
Bible and began to read a Scriptural
passage.
"The gentleman should confine him-
self to the statement of facts," inter-
posed the District attorney.
"Does the attorney deny that this is
a fact?" demanded the young attorney,
holding the Bible aloft dramatically.
He was permitted to read a passage
of the Old Testament citing that the
Lord commanded Moses to take off his
shoes because he trod on holy ground.
From his discursive statement it was
gathered that the defense would be based
largely on the brutality of the police
clubbing the citizens.
It would be
shown that Coxey had not walked on
the grass and Browne had been driven
through the shrubbery by the police.
Frank Harper, a newspaper man from
Alexandria, Va., testified that the
police had driven the citizens on the
grass before the procession arrived, in
order to clear the pathways. Coxey
walked so quietly to the steps that he
was not recognized until the people
pointed him out. Thirteen police sur-
rounded the general when he arrived.
Witness was certain Coxey had not
walked on the grass. On examination
he said there were 50,000 or 60,000 peo-
ple waiting and cheering for Coxey.
"Disorderly, were they not?" in-
quired the district attorney.
"Oh no, they had the right to cheer;
they were American citizens."
The police came near running down
a little girl in front of Harper. He
had been ordered off asphalt streets
two or three times but returned every
time.
"Then you disobeyed the police?"
said the district attorney.
"The police are not the law; they are
the agents of the people to carry out the
law," was the reply. One person in
the crowd on the grass was Senator
Allen.
Witness No. 2, Sam'l L. Perrick,
colored, when asked his business ex-
plained: "I am one of the army of the
unemployed." Until the beginning 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 a ruling
upon a question asked this witness,
Judge Miller said it might be a miti-
gating circumstance bearing upon the
intent to violate the law, that defend-
ant had been forced upon the grass by
circumstances. The judge added that
a hundred thousand violations of law
did not excuse one violation. This
witness also had seen the police drive
the people on the grass.
Coxey took the stand and said he
was a lobbyist in behalf of the unem-
ployed. The men who came with him
did so, Coxey said, upon the principle
that they might as
well be with him
as anywhere.
Coxey said he told
Major Moore the army might break up
and
enter
the
Capitol grounds
as American
citizens.
The chief
said
there
was
no objection.
"My object in going to the capitol,"
said Coxey, "was to present to Con-
gress my two bills, the good road bill
and the non-interest bearing bonds
bill, and address the Congress of the
United States and the American peo-
ple on them. I demanded the protec-
tion of the police whoseemed to be
Colonel Bright's right hand bower, to
present to Congress a petition from the
labor organizations in favor of the
bills."
Judge Miller would not permit the
introduction as evidence of the speech
Coxey intended to make or the protest
he issued, saying that they had nothing
to do with the trial. Coxey told his
story of the march to Washington with-
out embellishments.