The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1877-03-17
The Molly Magnire Gases.


THE MUNLEY CAsE.-In the case of Thomas
Munley. the Molly Magdire convicted Of the
murder Of Tnos Sanger. the supreme Court
Tuesday entered non ,pgos. This sends the
case back TO the position 1t held before the wrt'
Of error was taken out and leaves the senten0e
Of death, imposed by the Court below, tniui.
palred. The ground tor tie non pros was that
The necessary paper hooks h 40 not oe1n pfepar-
ed and served; aud the inablhy OF the prisoner,
by reason OF his OK treme poverty, TO procure
the requisite funds for printing, was deeIneu ny
t0e Court at insuhoient reason iOr tur,her
continuance. IN view nt the fact that no assign.
mept Of error had been flied IN the case although
the wit OF error had been taken out in Septem-
Der.
The CARROLL CAsE.-The continuance asked
for in the case of James Carol, James Boyle,
Hugh Mcclellan and James Rority convicted Of
the murder OF B. f. Yost, having been refused
argument upon the writ Of error was Tuesday
b egun. The Commonwealth was represented
by Il. b. GOwan, q. E, FnTquar, Geo. X. kaer-
cher, f. W. Hughes and Chas. Albright, Esqs.,
and the prisoners by John w. RyOn, Esq, Tie
facts OF the killing, as developed by the aTgu.
ment, were as follows: Benjamin +. YOst
policeman Of Tamaqua, Pa, had male an enemy
OF a man named Duffy an engineer in the mines
near by. On the morning of July 9th, 1875, nc
about > O'CLOCK Yost, whilst engaged in turn.
ing OF the gas IN one of the street lamps, was
approached by two strangers, who, after DIS
charging their pistols at him and inhioting
fntal wound Ned. No clue as 10 who the assas
James KerTIgan, who with M1chaei Doyle and
Edward kelv, hau been arr ested at Carbon
county for the murder OF a mine bORs named
Jones, made confessions in wnich he imphcat.
ed Thomas Duffy, Hugh Mcclellan, James Car
rol James Rorit,, with himself, IN the mutOer
of YOst Thereupon the parties named we're
all arrested, lodged in Jail, and later nut upon
their tr1al; severance, however, beng granted
in the case of Duffy who demanded separate
Er1al. owing to the death of one Of the jurors,
The first trlal terminal cd without a VERDICT and
a second trial was called mp on july ., 1876
a regular panel OF jurors was summoned for
the case, and JuCges Persning and WAGER
wei on the Bench At tho due the case WIS
called, however, the trtll OF Muuley was pro.
gre slug WITH another panel OF jurors and two
other judges. This fact was aveTred by cOun-
sci tor the prisoners as reason why the trial
OF their c.Ielts should not proceed. The Court
Overruled the ObjeCuOn, aud The selection Of a
jury was completed, partly from the regular
panel and partly from tlesmeD, by SATURDAY,
the h OF July. the last day of Court. On the
18th OF July the District Attorney opened the
case for the Common wealth. the jury having
been called ftOm daV TO day, but no evidence
having been land before them, owing TO the fact
that all the COunse engaged IN the carroll case
were engaged IN the Munley case, then in the
course OF trial.
The allegations Of the Commonwealth were
that the murder was done hy order OF the SO.
clety of Ancleni HIberDlans or Molly Maguires,
that Duffy, having udge against NOst, made
complaint to Carroll, secretalyi and KerrlRan,
body master, OF his own division, for some one
to kill his enemy; that he, Kerrigan, anu Car
roll afterwards made complaint 70 one ROarlty,
the body master OF COaid tie division, who ag
reed to furnish the men to do the deed; that IN
pursuance with this agreement, ROarity sent
McGehan and DOYLE, Of summit Hill division,
who wanted ]. z. Zones. VINO was obnoxious to
them, murdered; that kerIlgau and Carroll ag-
reed to furnish men to kill Jones and actually
did 80; that the O0Ject Of this exchange was to
have the wet. ms killed by men theV could not
ldentliyi that on the nlghi OF the killing, Kerri-
gan, Carroll, Mcclellan, Doyle and Duffy ali met
at CHrrOlI's house: that Mcclellan and Doyle
were led TO where lOst was by one OF the
others; that they shot MIN In cold blood and
fled, aud that the pistol Of ROarlty, with which
the deed was done. was afterward found with
the pistols used in shooting Jones. The defence
| to a this was ullbi as 10 all the prisoners
aud an attack upon the testimony OF kerrigan,
an accOmplce i'll the CRIME, and McParlan, a
detective, who, under the name of Nick emma,
he'd become possessed Of the secrets Of the Or.
der. After a charge by the Court, che jury con
vlcted all the deiendnnts, and they were all
| sentenced to death. FIOIn this sentence the
present appeal is taGen.
| +. B Gowen, Esq, closed the arguments tor
the Com nOnwealtli on Wednesday. and j. w.
Ryon. ESQ., for the prisoners. plaintiffs IN error.
The Court took the matter under advisement.