The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-11-27
OF MUNLEY
Expert Testimony on the Question OF
Whether or Not He Mas Drunk.
EX.OPFICER NALSH'S OPINION
believes That So Long AZ . Man II
Able to Avoid Arrest lie Is Not
Drunk Testimony About Side
walk aud Guard Rail.

10. O'CLOCK the testimony OF the plain
kfi6 was resumed. Morris Posner was
the frtt witness. He Is proprietor OF
a second hand clothing store on lower
Lackawanna avenu and his place OF
business the time Patrick Munley was
killed was a few doors above the HUI
building where the accident happened
Posner and George Jeffries gave testi,
mony which was not Of much material
interest to the case at issue.
EX-Street Commissioner Philip kirst
was an important witness. MI.
Burns questioned him with reference
TO the ordinance passed by the city
councils, recurring q flve-foot fence to
be erected around an excavation In the
sidewalk. when there is q building IN
PROCESS of construction. Messrs.
O,Rrien and Burns, counsel for the
plaintiff. submitted a model OF
;dewolk to the court to be onered IN
evidence. but the defendants objected.
and the court refused to allow the
model In until something more definite
has been proved to show that IL 10 a
correct representation of the temper
aryi sidewalk and guard The
nla,ntiff will make another offer to
Mace It in evidence on redirect exam
nation.
John 7. Jones' Testimony.
John T. Jones in 1889 was proprietor
OF No. 81 Lackawanna avenue. He
kept q bar on the ground floor, and on
the night of Nov. rs that year Pat
rick Munley, the witness. said. came
into his Slace at about 1880 o'clock to
find Il what time It was. The de-
ceased did not have the appearance OF
n man who had been drinking. and
spoke as clearly and intelligently as
any mar could. He remained only n
few minutes, saying as he was leaving
that he had to catch h Delaware n
Hudson train for home.
County Surveyor A. b.. Dunning was
called to Identify the model as a true
and correct representation of the side
walk. John Munley, a son OF the de-
ceased. testified that his father was bS
years of age when he died, and a
been able to earn from $65 to $40 a
month.
After Mr.. Torrey opened for the
defendant, Tipstaff Anthony Walsh
was the first witness called. In 1889
he was a member of the Scranton po-
lice force. and in the month of No
vember his peat was on Lackawanna
avenue, from Franklin to the bridge.
He swore he saw Munley before the
accident happened hat night, n the
deceased was under the influence of
liquor. When Mr.. Walsh first saw him
he was talking to some man and they
we're standing on the temporary side
walk in front of the Hull building.
They were o~bstructing the passage
way and Mr.. Walsh, in the discharge
of his duty, ordered them to move on.
started Toward Bridge Street.
Munley i~mpediately complied and
when he had gone a yard or two he
stopped, wheeled half way around and
reached out his hand as If wishing
to bid the man with whom he was
talking goodby.
The movement caused him to lose
his balance and he stumbled backward
In a falling tanner until he struck
against the guard rail, rolled under
meath 1t and down into the abyss be-
meath to his death. Mr. Walsh was
asked to define his views on the stage
a man is in with regard to indulgence
in liquor before he would be CLASH
fed as being drunk.
As long as n goes along under the
influence Of liquor and still Is capable
of controlling himself so as not to
make himself liable to arrest, wen
though he was saturated with whisky,
Mr.. Walsh would not say such an one
was drunk.
Munley, he thought, was not drunk
enough to be locked up. The witness
gave testimony at considerable length
concerning the nature of the sidewalk
and the guard rail. The sidewalk was
built Of joists, three inches thick. four
teen inches wide, and about twenty or
twenty-five feet in length. There were
sever planks and a space the width
Of five Of them was open and free from
any obstruction in the shape Of build
ing material. The guard rail was an
average height of three feet. 1t was a
plank the same as the ones in the side
walk, and was laid on barrels at one
end and tubs at the other.
Benorc Thought 1t Was Safe.
John Benore. the West Side lumber
dealer, had occasion to pass the Hull
building every day. He gave the opin-
ion that 1t vas perfectly safe for any
person who used ordinary care and
diligence. W. w. Archer, an expert
carpenter was caught mapping by At
torney Burns. Mr. Archer was called
after Mr.. Benore, and was giving his
OplillOu VI tuc IcuStu anu WlutH uNu
durability of timber. MI. Burns asked
him II he was pretty accurate in esti-
mating measurement with the eye. He
said he thought Sc. well, how wide
is this court room?" said the smiling
attorney. Fifty feet" was the reply.
That's pretty close, It's t%hirty-fve
feet" said the attorney sarcastically.
A. ID. Pierson, the produce merchant,
was the last n sworn. He passed the
Hull building two or three times a day
before the accident, and always re-
garded the sidewalk as safe. solid and
firm. There are two or three witnesses
for. the defendant yet to be heard.
The case will not go to the Jury to-
morrow or possibly Friday.
In III main court room the trespass
suit Of Wilson w. Jaeger, Of the West
Side. against the Scranton Traction
company, which opened yesterday
morning, was non-suited and q rule
was Immediately granted to take off
the non-suit. Attorney Charles l..
Hawley represented the plaintiff, and
ex-Judge w. H. Jessup and Horace E.
Hand were counsel for the company.
Jumped OFF Of tho Car.
The plaintiff Is so a Of age. He
was a carpenter and worked al his
trade before the accident. In 1892 he
was a passenger on. a West Side car
outward bound. He jumped Off the car
while It was in motion when II had
reached North Main avenue. and he
was thrown violently on the pavement.
sustaining a broken hip. He was three
months In bed. and II cost him 500
for medical attendance. The case was
nons1uited on the ground Of contribu-
tory negligence.