The Carbon advocate. [volume] (Lehighton, Pa.) 1872-1924, 1877-03-31
The MOllie Gases In the Supreme

Court.
On Monday last, in the Supreme Court, NJ
Philadelphia, the cases of Kelley and DOYLE the
"Mole Maguires" convicted of the murder OF
the mine boss John P. Jones, the writs Of crror
were nOn-prossed. This leaves the conviction
in the lower court unmralred and the sentence
imposed Hereunder still in force.
In the case Of John, alias "Yellow Jack" Don
ohue, under sen ence Of death for the murder of
Morgan Powell, motion for a continuance
was made. No assignments of error having
been as y 1t filed, the Court gave counsel until
Wednesday to file them. When the case was
called Wednesday a non pros. was entered The
sentence OF the lower court will now be entorc.
ed against him.
THE MURDER OF JOHN p. JONES'
The case Of Alexander Campbell. under sem
tence OF death fol the murder of John p Jones'
was next taken up. In broad daylight on the
Sd Of september. 1875, John +. Jones, a mine
boss at LunsiOrd, was shot by two unknown
men. Investigation INTO the crime led to the
discovery that IL was the work of Mollie Ma
CURES, two Of whom. Mcclellan and Mulhall,
were men whom the deceased had given offence
10 and VINO had sworn vengeance against him.
These men made complaint to Alexander Camp.
bell, the Body Master of the Division, at StOl nj
Hill or LansfOTd, and he agreed TO see that their
enemy should be made away with. In pursu.
ance of this promise Campbell agreed to send
men to the Tamaqua Division to kill Yost a
pOnCellau, VINO was obnoxious TO UlB MOllle
Magulres of that pace, If these latter would IN
turn tu nish men to kali Jones Mcclellan,
from Storm Hill Division, and Boyle, from
summit Hill, in pursuance of orders from
Campbell, went to Tamaqua and killed YOst,
and then Campbell, TO fulfill his part OF the
agreement. drew upon the Mount Latfee Divis-
ION for two men. The men furnished we're kel-
ley and Doyle, and these, with James Kei T1gan
who was furnished by the Tamaqua Division,
were the men appointed to do the killing. These
men met at McGeehans saloon, and in toe pres
ence OF, and under orders OF Campbell, arranged
the details of the murder. On the day after the
murder, Kelley and DOYLE and Kerrlgan were
arrested. The latter turned states evidence,
and III consequence of his disclosures Campbell
was. in February, 1876, arrested and put on
trial He was charged with murder in the first
degree.
As the principal evidence against him was
that Ol James kerriFan, his cO-ConspTatOr, and
james NcParlan, detective IN the employ of
the coal and iron mine owner, who had In the
disguise OF miner, became possessed OF all the
secretsaofs the order. In the testimony of the
latter 1t came out that he had been informed by
Campbell and the others concerned of the In.
tended killing of Jones; that It was the original
intention of the conspiratOIsl have killed their
victim at night, and in expectation OF this he
(MCParlanl had taken precautions to defeat the
plan, abut unfortunately 1t was too late when
the design was changed, to give Jones further
warning of the intent Of his murderers to Kill
him Dy day. The verdict in the Court below
was one OF murder in the first degree, ana SEN
tenCe of death was pronounced. The prisoner,
therefore, took out his writ OF error, upon which
the argument of Monday,
For the prisoner Hon. e. J. Fox and Daniel
KalUtus appeared, and for the Commonwealth
Messrs. L. r. Siewers District Attorney, Allen
Craig Charles Albright and +, w. Hughes.
The assignments OF error are five In number.
The first Is to the refusal of the Court below 10
quash the array Of grand and petit jurors. The
ground upon which this was urged was that
the Jury commissioners of CARBON county, in
selecting AM! putting the names III tue wheel
from which the panel IN the case was drawn,
had not complied with the requirements of the
Acts of 1884 and 1867, Obhging them to take an
oath before proceeding to The exercise of their
dutIes and to draw alternately with the Presi-
dent Judge the names from the list OF voters to
serve as jurors. The third assignment of error
was to the admission iutO evidence of the Uesti-
mOny OF McParlan, the detective, as to the
"MOllie Maguires" or "Ancient HiOernians," !"
when there was no charge in the Indictment
that Campbell, with the members OF tnat Order,
was engaged in conspiracy to take the life OF
Jones. The I'd and 5th assignments, winch were
argued together, were TO the suttiCiency of the
bill of indictment. ana the refusal of the Court
below TO quash thaG instrument, lnasmuch as 1t
did not set forth "the nature ana cause of the
charge against the accused" as required by the
Constitution, but simply charged him with kill
ing Jones on the Sd OF September, 1915, The 18th
was to the charge Of the Court in saying that
MCParlan, the detective, who had q knowledge @
OF the crime and intended to Illustrate 1t but
did not, was not an accessory before the TACT.
That he was such accessory was strenuOusy
c0ntended for, and the adm lssion of his evidence
as cOrrObOrative Of that of Kerngan. a cO.acces
sorv aud eo-oonsphator, was argued TO have
been error.
On Tuesday Mr.. Fox, on behalf of the pris
oner. began his closing argument He spoke
for about twenty minutes, anu concluded WITH
the following language
"In consequence Of the manner in which the
jury was selectedi Of the prejudice existing
against our Client and also Uu account OF tle
loose admissions OF testimony, L nod that
Campbell dld not receive tair tri H."
Mr.. kalbfus had rather an easy time of 1t.
He was present at court and was admitted to
the bar, but took no part IN the argu nenU Of his
case.
There Will be no further argument in the
"Mollle" cases in this court until .aay, and by
that ume something final will probably be
known as to what disposition will be MADE OF
many "MagulreS" who are now suffering con.
siderable suspense on their own account.
Munley might as well make up his mind to
tell the truth and die like a man as near as It Is
possible for him, as his counsel has done all that
was possible and failed to oOJau a continuance.
yellow Jack" would save himself con ,idcra-
b Q mental trouble by doing likewise, ana lu all
probability he will, as General BertOlette. OF
Mauch Chunk, SAID in the Supreme Court. and
III fact TO IL, that on sunday yellow JACK"
sent for him and said IT'S no use ,oinR to a |
this trouble taking The case TO the supreme
Courtl L killed Morgan POWELL"
Almost everybody was satisfied on this point
before, but II is great relief 70 know that ''Yel-
low Jack" himself does not differ ia his opinion
on the merits Of the case from the generality of
people.