Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-10-08
TIERNEY IS GUILTY
Of Murder in the Second Degree for
the Killing Of His Wife.
THE JUDGE DISMISSES THE JURY
And Tries the Case Himself by the Right of
an Ancient Act.
OTHER NEWS From AMONG THE COURTS

Wife murderers are not having an easy
time in court. John Tierney yesterday
pleaded guilty TO the murder of his wife,
Bridget, and was given a second degree ver-
dict. Judge Ewing, who presided, dis
missed the Jury and determined the verdict
himself This procedure is very unusual
one, and is seldom resorted to in court.
1t is authorized by the act of April %, 1894,
a section (which reads:
''But if such person shall be convicted by
confessing, .he Court shall proceed by the
examination of witnesses to determine the
degree of the crime and to give sentence ac-
oordingly." This section has never been
repealed or altered. No case has been tried
under it in Allegheny county since 10 years
ago.
The murder of which Tierney has been
convicted occurred July 81, at his home,
No Denny court, between Twenty-ninth
and Thirtieth streets. He threw a lamp at
his wife, who WAS burned so severely that
on the following day she died at the West
Penn Hospital. The defendant, il is said,
was somewhat under the influence of liquor
at the timo and quarreled with his wife and
threw the lamp. The morning session was
chiefly occupied in securing a jury. a
little testimony was taken. District At
tornev Burleigh conducted the prosecution
and Thomas NJ Marshall, Jr., the defense.
THE DEAD woMAN's STORY.
In the afternoon Detective Sol Coulson
testified to having had the dying deposition
of Mrs Tiernev taken. The statement re-
lateS that at II o'clock at night, July 81
the defendant came home. Nothing oc-
Cured TO anger him. He picked up lamp
l. al. Al IL -
wife while she was going down stairs. This
was placed in evidence. and witnesses were
called to testify to the arrest of Tierney
and of the broken lamp glass being found
in the room and on the stairway of the
Tierrcy house: of the smell of oil and of
the burning clothing. Michael Sweidersky,
Mrs. Julia Considine, Mrs. Mary Flaherty
and Officers j. r. Thompson, G. G. Nc
Aleese and DOdson were called. The officers
gave an account OF the arrest and the others
told of Mrs. Terney runnin: from the
house with her clothes on fire and telling
that her husband had thrown lamp at her
The Common wealth then rested.
Attorney Marshall then announced that
there was no particular defense and that the
defense would withdraw its plea of ''not
guilty and enter plea of guilty
Judge Ewing then discharged the jury
and proceeded with the case, hearing him
sell some o1 the testimony over agala ana
then that of the two children of Tierney.
They had not seen the lamp thrown. After
short speeches by each attorney Judge
Ewing said:
FIRST DEGREE IMPOSSIBLE.
81 would hesitate in this case to hold that
there was any intent TO take life, and there
fore cannot find a verdict of murder in the
first degree, but the act of throwing the
lamp being done wilfully it has all the
nature Of second degree, and L therefore
issue this order
And now October 4, 1891, the defendant |
having Withdrawn his plea of not guilty |
and having pleaded guilty, and the Court |
having proceeded to hear the testimony of |
the Commonwealth and the defense in order |
10 find and determine the degree of the |
crime, and having so heard the testimony
aud arguments of counsel there m and hav- |
ing considered the same, do find and deter |
mine the degree of the crime of which the |
defendant, has been indicted and to which he |
has pleaded guilty to be murder of the sec |
ond degree"
The defendant will be given a chance to |
produce character witnesses on Saturday, |
and then be sentenced.