The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-10-20
WOULD APPLY THE match
So Thomas Millett Said and Now He
Is on Trial for Arson.
S0NE PECULIAR TESTIMONY
Millett Was in the Habit Of Walking Out
or the Mine Distance of
Mile and Quarter
Without Light.

An arson case with some unusual
features was tried before Judge Guns
ter in the main court room yesterday
afternoon. Thomas Millett, of Old
Forge, was the defendant and p. j.
Conway the prosecutor.
Millett is middle-aged man of nerv-
Gus temperament and was represented
by Attorneys Oliver and Alworth. Dis
trict Attorney Kelly was prosecuting
attorney.
From the testimony adduced it ap-
pears that on Aug. 30 last house oc-
cupied by Millett at Old Forge was
badly damaged by fire. In the attic of
the building two mattresses soaked
with oil were found and under them a
lighted mining lamp. This combina-
tion was responsible for the fire. John
K. Fallon, Patrick Luddon, Edward Fal-
Ion and Richard Joyce saw the fire and
assisted to eXtinguish it.
John Fallon found the mattresses and
lamp as described and when he went
down stairs he saw Millett coming
mtted the mine lamp was his, but said
he could not account for its presence in
the attic.
Would Apply Match First.
Millett lived in the house that was
burned for several years with an aunt,
and when she died he thought he was
best entitled to the property. In the
settlement of her estate, however, the
property was sold by order of the Or
phan's court and was purchased on
Aug. 10 for $256 by p. j. Conway. who
Immediately transferred the title to his
sister.
Two days before the sale DTillett had
a talk with Conway about the property
and the latter said he would not give
more than $3.50 for it, According to
his testimony Millett thereupon de-
clared that rather than see it sold for
that price he would apply the match to
it. When the commonwealth rested the
attorneys for the defendant asked to
have the jury instructed to find for the
defendant on the ground that Conway
the prosecutor, was not the owner of
the property damaged by fire. Judge
Gunster refused to rule that way and
Millett went on the stand.
He was very nervous and testified in
rambling way. The lamp found in
the attic was not his fer he had left the
one he owned in the mines, he said, and
walked out distance of a mile and a
quarter in the dark. He frequently did
that sort of thing he said. The fire, he
claimed was caused by defective
flue. When he first saw it he tried to
put it out. but failing to subdue the
flames he left the house Patrick Lud-
don and Thomas Dole became some
what mixed up when giving their tes-
timony and caused much amusement.
The defense was being heard when
court adjourned. The case will be re-
sumed this morning.
MOylcs Shot at Murphy.
The defense in the case of Joseph
Moyles, of Providence who was charged
with shooting at Martin Murphy, was
heard before Judge Gunster yesterday
morning. The defendant claimed that
Murphy and others had been in the
habit of visiting his premises and de-
spelling the trees of their fruit. Their
attention to Moyle's orchard became so
distasteful that he determined to put an
end to the depredations and when he
saw Murphy and some companions on
his premises, he shot to frighten them
Attorney X. j. Murray opened the case
to the jury for the defense, and Attor-
ney George S. Horn made the closing
argument District Attorney Kelly
spoke for the commonwealth. The jury
returned a verdict of not guilty and put
one-fOurth of the costs on the prosecutor
and the remainder on Moyles.
The trial of Adam Snyder and his
son, Walter Snyder, special officers of
Jermyn, charged with pointing fire
arms at Richard Hughes and Peter Nc
Donald, was taken up before Judge Ed
wards In June last, one Sunday, the
prosecutors and a number of other
young men were gathered on a ball field
near the village of Jermyn.
No Ball Playing Allowed.
1t is contended by the prosecution
that the Snyders went on the ball field
ordered the game stopped and then
drew their revoivers TO back up their
request and pointed them at Hughes
and Mcdonald. There was no ball
playing that day.
The defendants assert that much an
noyance was caused to the peaceful
residents of Jermyn by the Sunday ball
playing, and in the interests of law and
order they felt it was their duty to pre-
vent it.. When they requested that the
game be not played, the young men said
that the entire Grand army. If massed
there. would not prevent the contem-
plated contest, and they further told
the officers that they could make arrests
on the following day of those who would
play ball if they saw fit to do so. See
ing that intimidation was necessary
the officers drew their revolvers and
enforced their commands. At p. m
the jury retired to make up it's verdict
The jury in the case ot Mrs. Margaret
Barry. of Archibald, who was forced to
become the star attraction in an ANA
teur production of the Country Cir
Gus" in her house, was found not guilty
of shooting Patrick Hart but was con-
victed of keeping tippling house.
Brown Stole the Shoes.
Peter Brown, of Peckville, pleaded
guilty to having stolen a pair of shoes
from the boarding house of Mrs Peter
Rulas at Carbondale. He went there
to invite them to a wedding and seeing
a pair of shoes in the house which We're
the property of one of the boarders, he
took off his own and put on those of the
boarders.
This effort of Browns to be light
ming change artist was discovered, and
the shoes taken away from him. At
torney r. H. Holgate, Tho had been as
signed to defend the prisoner, informed
the court that his client had very re-
luctantly consented to plead guilty"
Brown has been in Jail two months
awaiting trial. He was sentenced to
pay a fine of so and spend an addition
al two months in the county Jail.
Joseph Kundle. q cripple, pleaded
guilty to the charge Of stealing corn
from a field owned by the Delaware,
Lackawanna and Western company
near Taylor, and was sentenced to pay
a fine of 81, costs and spend ten days