Senator Robbins, whose interest in the case was sharpened by the fact that he was quartermaster-general of the Tenth regiment, opened for the defense. He denied that the case had the elements of an assault, questioned the severity of Iams' punishment, and warned the jury that the conviction of the defendants must be followed by the destruction of discipline in the National Guard. Deputy Sheriff Gray was brought forward by the prosecution to tell the story of the lock-out at Homestead, the exhaustion of the Sheriff's powers and the fate of the Pinkertons, so as to make clear the gravity of the conditions with which the military had to cope. The defense interposed a statement to the effect that the Governor had exceeded his authority in ordering out the troops, but this was overruled by the court. Colonel Streator's story did not materially conflict with that told by Iams. Colonel Hawkins testified that on the afternoon when Mr. Frick was attacked he received two communications by signal, one stating that Frick had been shot by a striker, the other that Frick was dead and that extraordinary precautions were necessary. He had thereupon ordered all commanders to be on the alert, to double their camp guards and to send out three extra patrols. While the camp was in this state Iams had proposed three cheers for the man who shot Frick. When Colonel Streator reported the affair, witness had said to him: "Colonel, you know your duty as a soldier." The situation was critical and prompt measures were needed. Robert W. Herbert, a newspaper reporter, said that Iams had told him of his intention to shoot Streator, and that in speaking of General Snowden, the young man had said, "I will get even with that four-eyed ---- ---- ---- on the hill." One of the hospital nurses swore that Iams had made himself sick with tobacco, and another that Iams had been drinking and wanted to be confined in the guard-house. Surgeon Grimm illustrated for the court's edification the knot, known as a close-hitch, by which the rope was fastened on Iams' thumbs, and described it as not being a severe kind of knot. Veterans of the civil war bore witness that the punishment suffered by Iams was in accordance with the usages of war and that it was mild considering the gravity of the offense. An amusing _lapsus linguae_ marked the evidence of Colonel Norman M. Smith, of the Eighteenth regiment. Here was the colloquy: ATTORNEY IAMS.--"You have hung men up by the thumbs in your regiment?" COLONEL SMITH.--"I have never had occasion, but if I had, I would _cheerfully_ do so--I mean, I would do so. I wish to strike out the word 'cheerfully.' That was a slip." Whereupon an expansive smile illumined every face in the court-room.