The District Attorney, in his opening speech, after having given the conventional explanation as to degrees of murder, asked the jury to avoid the impression that the case on trial was one of treason or was to be considered in connection with Homestead. "We are," he said, "simply trying Sylvester Critchlow for the murder of T. J. Connors, who was killed in the barges at Homestead on July 6. The barges were there lawfully and for a peaceable purpose.... We will show that Sylvester Critchlow was behind the barricade with a rifle, shooting down to the barges within easy range of Connors, and firing in a direction in which he would likely hit Connors."
"You must also remember, gentlemen, that the Commonwealth of Pennsylvania is the prosecutor and Sylvester Critchlow is the defendant. There is no private prosecutor here. The case will be prosecuted by public officials and no one else will be allowed to interfere. Other counsel may appear in the case, but they will be in subordination to the district attorney."
Dr. McKennan, Superintendent W. A. Cowan, of the West Penn hospital and Rev. Father Leonard Lynch were the first witnesses examined. They testified to the death of Connors and the nature of his wound.
Captain John W. Cooper, of the Pinkerton agency, followed with the familiar story of the river expedition and the battle at the landing. He also swore positively to the position of Connors at the time when he was shot and the hour at which he fell.
Captain Cooper was subjected to a searching cross-examination by Mr. Brennen, but went through the ordeal without permitting himself to become confused. Mr. Brennen sought to show (1) that the witness was not of good moral character and (2) that Connors was accidentally shot by one of his own comrades.
At one point the cross-examination ran as follows:
Mr. Brennen.—Were you not a "Hey Rube" for a circus for nine years?
Mr. Burleigh.—What in the name of common sense is a "Hey Rube?"
Judge Kennedy.—Yes, Mr. Brennen, we would like to know what you mean by a "Hey Rube."
Mr. Brennen.—I mean a circus fighter. The witness knows what I mean.