On January 24, Robert W. Beatty was placed on trial, charged with "felonious assault in administering, or employing persons to administer, poison" to the non-union men in the Carnegie steel plant. The same counsel appeared on both sides that figured in the Dempsey case, with the exception of District Attorney Burleigh, whose place was taken by his assistant, Harry Goehring. William M. Erwin, the "Western Cyclone" also appeared in court and joined the attorneys for the defense. Captain Breck opened the case for the commonwealth by reading the testimony brought out on his side in the Dempsey case. There were 67,000 words of this matter and, before the reading was concluded, most of the Captain's auditors sank into a gentle slumber. The array of medical men and diarrhoea victims previously examined was then marshaled into court and re-examined and cross-examined for the benefit of the jury which was supposed not to be cognizant of the evidence submitted when Dempsey was on trial. Not until Charles McKinnie was put on the stand was an element of interest infused into the proceedings. McKinnie said that he was a riverman, knew Beatty well, and had been approached by the prisoner with a proposition to go to Homestead and dose the men with croton oil. He had refused to have anything to do with such contemptible work. The witness testified in a straightforward manner and made a visible impression on the jury. Gallagher and Davidson repeated their former testimony with some variations, Davidson in his efforts to shield himself managing to contradict Gallagher in many points. Charles C. Comstock swore that he had met Beatty in the mill and been advised by the latter to get out or the powders would fix him. Many other witnesses were called to bear testimony to having seen Beatty in the mill at various times. Attorney Brennen opened the case for the defense and at one point in his address amazed his auditory by stating his ability to prove, with reference to the supper at Wolfe's house, that "_the tea that was drank at this banquet was all consumed at the dinner the day before_." Mr. Brennen's slip of the tongue was much enjoyed. Undismayed by the effect of his inadvertent Hibernicism, the doughty little attorney proceeded to set forth the strong points of the case for the defendant, laying special emphasis on the declaration that there was nothing suspicious in the employment of cooks as detectives, inasmuch as the cookhouses were the most convenient headquarters for the kind of espionage which Dempsey had instituted.