Another disquieting circumstance was the verdict arrived at by the coroner's jury in pursuance of the inquest held on the men who were killed in the Homestead conflict. In each instance the killing was charged to an "unlawful assembly," and the jury recommended that "said unlawful assembly be certified to the September sessions of the grand jury." On August 2, Attorney Brennen presented to court a petition signed by sixty-seven steelworkers of Pittsburgh and Homestead, praying that a license be issued for the establishment of a voluntary trade tribunal, in conformity with an act passed in 1883, to arbitrate differences in the steel trade. The acceptance of the terms of the act must be mutual between employers and employed. Mr. Brennen entertained hopes that the Carnegie firm, seeing the willingness of the men to submit to arbitration, might yet consent to this mode of adjustment. Secretary Lovejoy settled the matter definitely in the negative by the brief statement that "The question of recognizing the Amalgamated Association cannot be arbitrated." This was the last overture made to the firm on behalf of the workmen. The latter, however, continued to keep up their courage and maintained an almost unbroken front, desertions being few and far between. Mass meetings were held frequently and at these it was invariably agreed that the mill could not be operated with non-union men, that sooner or later the firm must yield to the pressure of circumstances and that, with the help received from the treasury of the Amalgamated Association and from other sources, the locked-out men could hold out, if necessary, for a year or more. There were some who foresaw the collapse of these castles in the air, but, rather than place themselves under the suspicion of lukewarmness, they held their peace. CHAPTER XIII. [Illustration: BERKMAN & IAMS] FRICK'S ASSAILANT RAILROADED TO THE PENITENTIARY--THE IAMS TRIAL--HANGING BY THE THUMBS APPROVED BY A JURY--THE MILLS FILLING UP--SERMONS TO NON-UNIONISTS--STRIKERS GO THROUGH THE PLANT--THE RELIEF FUND--GOMPERS ARRIVES AND MAKES AN INCENDIARY SPEECH--PITTSBURGH AND MAHONING MANUFACTURERS CAPITULATE--WILLIAM AND ROBERT PINKERTON ON THE DEFENSIVE. Anarchist Berkman received but a short shrift. He was placed on trial before Judge McClung on September 19, appearing at the bar without an attorney and without witnesses. His demeanor was cool and indifferent. District Attorney Burleigh presented six indictments, charging the prisoner with offenses ranging from felonious assault and battery down to carrying concealed weapons. Mr. Frick was placed on the stand and told the story of the shooting, and the blood-stained garments worn by the Carnegie chairman at the time of the attack were put in evidence. Corroborative testimony was furnished by Mr. Leishman and others.