[CHAPTER XVIII.]
Sylvester Critchlow Arraigned—Pinkertons on the Stand—The Prosecution Makes a Strong Showing—A Suspicious Carnegie Banquet—Attorneys Erwin and Argo to the Rescue—An Alibi for the Defense—John S. Robb Attacks Mr. Erwin—The "Northwestern Whirlwind's" Magnificent Oration—He Captures the Court and Confounds the Prosecution—"Not Guilty"—The Backbone of the Murder Charges Broken.
SYLVESTER Critchlow was the first of the Homestead men to be placed on trial in the Allegheny County Criminal Court, the charge against him being the murder of T. J. Connors.
On the morning of November 18, 1892, Critchlow was arraigned before Judges Kennedy and McClung. A great crowd assembled in the court room, curious to observe the opening scenes in the memorable legal battle which was to ensue, but to the great disappointment of the throng, the judges ordered the room to be cleared of all except members of the bar, witnesses, jurors and reporters.
The prisoner was perfectly cool and self possessed. His wife and mother sat near him, watching with womanly solicitude every step in the proceedings, the issue of which meant so much to both.
The array of legal talent on both sides was formidable. The prosecution was in the hands of District Attorney Burleigh, assisted by Messrs. D. F. Patterson, John S. Robb, E. Y. Breck, P. C. Knox and Assistant District Attorney Harry Goehring. Counsel for the defense were: Messrs. W. W. Erwin and G. W. Argo, of St. Paul, Minn.; E. A. Montooth, Thomas M. Marshall, William J. Brennen and William Reardon, of Pittsburgh, and John F. Cox, of Homestead.
Immediately upon the opening of court, Critchlow was ordered to stand up, and having heard the charge read, pleaded not guilty in a clear, firm tone of voice. Attorney Brennen asked to have the indictment quashed on the ground of an irregularity in the drawing of the grand jury panel. The motion was overruled, and the selection of jurors began, this process being conducted by Mr. Burleigh for the prosecution and Mr. Marshall for the defense. Within a few hours, the following "good men and true" were selected: Peter Roth, John Herron, James Marshall, Amos Mashey, Chris Wiggand, C. S. Eaton, Chris A. Sende, James M. Wright, D. J. Herlehy, W. A. Freyvogel, Burns Wadsworth and Louis Jackman.