implanted in every man. That old doctrine that a man must retreat from a man with a sword or a stone in order to preserve the peace, has been swept away by the introduction of the Winchester rifle. Can you show me a man who can retreat from a fire of 300 rifles? Just so long as you can show me that there is no possibility for them to escape from that deadly fire, just so long do I contend they had a right to return that fire. There is another point of the prosecution to prove as an evidence of riot the fact that these people were on the Carnegie property and were using vile language. I deny that this can be shown as riot." ATTORNEY BURLEIGH--We don't attempt to show it. MR. ERWIN--I don't know what you don't attempt to show. Attorney Erwin then read the law in definition of riot. Continuing he said: "There is no proof here that they were assembled as riotors; not the least scintilla of such a gathering. But on the other side I will show a riotous gathering." MR. BURLEIGH--We object. Your honor has already ruled against such proceedings. COURT--Yes. MR. ERWIN--I know your honor has, and I therefore offer an exception that you will not permit me to speak of it. I will not speak of it. As I understand, Justice is represented blindfolded, with a scale in her hand equally weighing in both pans and with a sword in her hand. It is a sad thing that one of her exponents should---- COURT--Stop that. I won't allow any such line of argument. MR. ERWIN--I am limited by the court and can't discuss the material necessary to be introduced in this case, but I will say that, through the objections of the district attorney, we have been denied a fair trial for our client. Attorney Anderson followed Mr. Erwin. After outlining the case in a few graphic words, he said: