The case for the prosecution differed little from that advanced against Clifford and Critchlow. Pinkerton detectives, sheriff's deputies, mill clerks and reporters repeated the old, old story of the events of July 6, while Mr. D. F. Patterson, who conducted the direct examination as a substitute for the district attorney, elicited from each statements showing O'Donnell's ostensible participation in the battle.
The line of cross-examination pursued by the defense showed that the intention was to prove that O'Donnell was present at the battle as a newspaper correspondent, and that, when he interfered actively, it was in the capacity of a peacemaker. Several newspaper men testified that the defendant was known as a correspondent of the Tri-State News Bureau and of various daily papers, and that, in a spirit of professional fraternity, he had taken care of the reporters during the fight and secured for them a convenient headquarters of observation in the cupola of the mill. Only one out of a dozen reporters examined specifically incriminated O'Donnell, and the evidence of that one was vitiated by the knowledge that he had sold out to the Carnegie Company at the beginning of the Homestead trouble and had acted throughout as a spy.
The prosecution could not have made a weaker showing, all things considered, and the work of the other side was, therefore, comparatively easy.
Captain O. C. Coon, who accompanied O'Donnell to the river bank on the morning of July 6, was the star witness for the defense. O'Donnell, he said, went to the scene of the trouble for the express purpose of preventing bloodshed, and used every effort to check the combatants even to the extent of pushing angry men back from the water's edge after the firing had started. The witness had also seen O'Donnell, on the day after the surrender, rescue from the hands of a mob of strikers a poor wretch who was supposed to be a straggler from the Pinkerton forces.
Dr. John Purman testified in the same strain. He swore that O'Donnell came to his office with three wounded men on the morning of July 6. A crowd gathered on the street without, and O'Donnell exhorted them to go peaceably to their homes and avoid going to the mill-yard. Later in the day, witness met O'Donnell on the street. A crowd surrounded the young leader, cursing him, and some one said, "You are a —— of a leader, staying away from the mill." O'Donnell answered, "There are no leaders; everyone acts for himself. If you want to do me a favor you will stop this and go to your homes."
Numerous other witnesses gave testimony corroborative of the assumption that the defendant had taken no part in the riot other than as a law-abiding citizen anxious to preserve the peace. O'Donnell's wife was placed on the stand, but her evidence was unimportant.
After the attorneys for the defense had practically won their case, it was decided to let O'Donnell testify in his own behalf. There was some doubt about the prudence of this move, and that it was not without foundation was shown by the difficulty which O'Donnell experienced in escaping damaging admissions.
In his direct examination by Mr. Brennen, O'Donnell told a straightforward and impressive story. He told of his residence of seven or eight years in Homestead, his newspaper correspondence and other personal matters, and then went on to describe, in graphic terms, his doings on the day of the riot. On that eventful morning, he said he had gone to the river bank, arriving just when the gang-plank was being run out from the barges. He begged the Pinkertons not to land and not to shoot, reminding them of the presence of women and children and the certainty of wholesale loss of life if violence should be resorted to. After the first skirmish, he had gone to the Postal Telegraph offices and notified the Mercy and South Side Hospitals to send ambulances. If he had had only a few minutes more time to gain the bow of the barges before the fighting began, not a shot would have been fired. In no manner had he aided or abetted the trouble which occurred that day, nor did he at any time encourage the use of violence in preventing the introduction of non-union men into the Homestead mill.
Mr. Patterson, in his cross-examination, tried to extract from O'Donnell the admission that the workmen maintained an armed military organization, but was unsuccessful. He managed, however to force the defendant to name some of the men who were among the combatants on the river bank.
Attorney Robb closed for the prosecution, in an address which was mainly devoted to picturing the trouble at Homestead as a revolution conducted by a band of assassins, thirsting for Pinkerton blood. He referred to Hugh O'Donnell as having been summoned by a whistle signal to "marshal his standing army and begin a battle to the death."