The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1893-11-21
THE DoUaHBRTY CASE.
The Defendant Escapes Severe Punish
ment on "a Tschuicality.

The Defendant Escapes Severe Punish
ment on Techuicality.
The case Of Mrs. J. J. Dougherty against
her husband for assault and battery, surety
and non support was tried before Judge
Albright yesterday. The complainant was
represented by W. D. Seltzer and M. M.
Burke, Esqs., and the defendant was repro.
sented by George j. Wadlinger Arthur l..
Shay and J. II. Pomeroy, Esqs.
Mr. Burke opened the assault and battery
case in behalf of the Commonwealth with
recital Of the circumstances that led up to
the charge against the defendant He re.
ferred to the marriage of the parties four
years ago and said that much happiness was
| expected from the union, but the defendant
had proved false to his marriage VOWS and
had turned his attention to and lavished his
his time and means upon other
women, and that the place in his heart which
should have been reserved for his innocent
and devoted wife was usurped by the de-
tendant's paramour. The case, he said was
remarkable in many respects. It was re-
markable and full of sadness.
1t was remarkable in the result attending it,
namely: that the poor, defenceless wife was
driven into court of justice to seek redress for
a wrong done her by him who should be the
sharer Of her joys and sorrows-her husband.
| Mr.. Burke dwelt at some length and with
considerable force upon the manner in which
he and his colleagues proposed to prove their
case and the circumstances that would be
detailed to the jury, and concluded by asking
the jury for a conviction.
Mrs. Dougherty then took the stand and
testified in detail as to the assault committed
upon her on the night Of October 18th, the
facts Of which have appeared in the columns
Of the HERALD The clothing she wore on
that occasion, tattered and torn into shreds,
were given by her in evidence and they pre-
sented a sorry spectacle. All of her clothing,
the outer and under garments, were there
and reminded one of the remnants of cloth
ing which dogs had tugged at for consider
able time. Mrs. Dougherty's testimony was
corroborated by that of Mrs. Womer Mrs.
Boland and Miss Finnegan, her neighbors.
The defense made very little cros5.examin-
alton and depended chiefly upon the point
of law involving the question as to whether
the wife was justified in taking the letter
from her husbands pocket-the letter he had
received from his paramour, and whether the
defendant was not justified in using reason .
able force to recover it. The only witness
called for the defense was Dougherty himself
He acknowledged the taking Of the letter
and the tussel with his wife for the recovery
of it.
J. E. Pomeroy, Esq, made dramatic
summing up and his friends who we're in the
court room declared it one of his most
brilliant efforts.
After the case was given to the jury Judge
Albright took up the cases of surety and
desertion, they not being jury cases. The
letter which the Judge refused to admit in
evidence in the assault and battery case was
admitted in the other cases and the Judge
said it made prima flcia case to bind the
defendant to support his wife and child The
Judge directed the defendant to pay SO per
week TO hi. wife and furnish bond in the
sum Of 500 to secure the payment.
The verdict in the assault and battery case
was not guilty, but pay the costs In ad-
dressing the defendant the Judge said, "The
jury has acquitted you purely on a techni-
cality"