On Wednesday morning Mr. Marshall spoke. He laid much stress on the surreptitious entry of the Pinkertons and the assumption that somebody had authority to give these private hirelings orders to shoot. "The order from Captain Cooper and Captain Heinde to shoot entitled them to be shot," said the speaker vehemently. "When there is war," he continued, "the man that arrives first on the battlefield has the right to shoot first. But why did the Pinkertons come down upon Homestead like thieves in the night? Who is it that likes darkness? Why did not Mr. Frick say he was bringing these men here to protect his property and not to intimidate people? Why did they steal into Homestead with guns that shot sixteen times?" Mr. Marshall attacked the evidence for the prosecution, and especially the identification of Critchlow by the Pinkertons, who could only have seen the man once or twice, if they had seen him at all, and were, therefore, not qualified to swear to his identity. He held that the district attorney had no right to throw the weight of his talents and influence against the defendant. That officer's client was the commonwealth, and yet Mr. Robb spoke of "our clients" as if Frick and the commonwealth were identical. "I don't believe," said Mr. Marshall ironically, "that H. Clay Frick had anything to do with this prosecution, oh, no! I don't believe that anybody connected with the Carnegie Company had anything to do with the attempt to take away the lives of these Homestead men. And this man Lovejoy who made these informations, he had nothing to do with the Carnegie interests; oh, no! Love--joy! L-o-v-e-j-o-y! I don't say his name should be Loveblood; but I do say that there are several people in the Carnegie Company who should have their names changed." In concluding his address, Mr. Marshall said: "The real capitalist is the workingman, the producer, who has nothing but his paltry $3 a day, while the lordlings, the so-called manufacturers, walk abroad as social gods and revel in the luxury made by the sweat of the workingman's brow." District Attorney Burleigh, in his speech closing the case for the commonwealth, volunteered the statement that he was in the pay of no man but was there solely to plead for justice in the name of the commonwealth. He taxed the defense with relying mainly on artifice and meretricious oratory; scouted the idea that the Pinkertons were "invaders," and declared that Mr. Erwin's defense of the right "to shoot down on the very bosom of the prince of hell," three hundred men "caged like rats in those barges," was anarchy-red, rampant anarchy! Mr. Burleigh contended that the Carnegie Company in massing and attempting to land the Pinkertons with the permission of the Sheriff, acted within its legal rights. The landing had been attempted at night because it was desired to avoid a breach of the peace.