The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-09-05

| Attorneys l.. L. Wedeman, ward d
Horn, and Major Everett Warren will to-
day file with Secretary Beitler, of the
state board Of pardons the petition and
letters signed by q large number of citi-
Zens Of this county, asking for the par
don or commutat ton of sentence of Jo-
seph BoschinN as the board may deem
proper
| The killing ccurred on Sunday, Nov.
| IL. 1894, nearly two years ago. and At
! torneys Wedeman and Ward e. Horn
defended Boschino on his trial. They
made a hard fight for their client, but
were met by District Attorney John X.
Jones. who put up equally as strong a
legal battle on the part of the common
wealth.
Boschtno was found guilty of murder
Of the firsi degree by the jury and there
| upon Atr0srs. Wedeman and Ward q;
| Horn, af,er seeking a new trial in the
| lower court. carried 1t to the Supreme
court, hut the latter tribunal decided
| that Judge Gunster, who presided at
Boschino's trail, made no mistakes in
| the admission of evidence or in his
charge to the jury, and thereupon the
| judgment of the lower court was ar
| firmed.
The time for Boschino's execution was
| fixed for August 5. Ward & Horn ana
Mr.. Wedeman began preparations 1or
presenting the case to the board of par
dons and appealed to the governor for
a respite until the case could be pre-
| sented.
ABLE LEGAL TALENT.
.,. r,.a.. xr,,,o,, ,.1,o b,5 baan
associated with Mr.. Horn before the
board of pardons in the successful ap-
plication for Stephen De Ayala, and in
other cases, was employed to assist the
other counsel in Boschino's behalf. and
since that time the combined legal tai
ent of Messrs. Wedeman and Horn,
Judge Ward, and Major Warren. has
been put forth with every effort to save
the condemned man, and they have
linked together every detail for the
strongest case possible.
One of the strongest points of the ap-
plication for clemency will be petit
ton in Boschinos behalf which Will go
before the pardon board signed by all
or nearly all of the twelve Jurors who
found him guilty of murder of the first
degree.
Six of the jurors have signed it so far
and their names will be forwarded to
Harrisburg today with the rest of the
papers The attorneys hope to have the
SIGNATURES of the other six to bring with
them to Harrisburg on the day OF the
hearing. It is difficult to see all the
Jurors, as they are scattered throughout
the county. The names of the twelve
are as follows.
Walter Doran. farmer, Covington.
George y. Hoffman. clerk, Scranton.
Lewis Fallott, millhand, Scranton.
Claude B. Smith, ticket agent, Carbon
dale.
Thomas Atkinson, merchant, Moosic.
Lafayette Mathews, barn boss, Mayheid.
c. s. Seamans, councilman, Scranton.
Allen V. Rush, carpenter, Scranton.
Charles Beckett machinist. Scranton.
Alexander b. Dryden, miner, Fell
William +. Sekoll, Surveyor, Scranton.
Philip Smith, brakeman, Scranton.
The other papers which will be filed
comprise: A history of the case from
its inception, statement of the rea-
sons on which the application for exc
cutive clen,ency is based, a certified
copy of the proceedings in the case,
on the trial, and lastly, q petition
signed by at least 1900 citizens Of this
city and county. There will also be
letters from many prominent citizens
of the county.
HIS GOOD CHARACTER.
The principal reason for asking exc
cutive clemency is the undoubted good
Oh, In ic tu-n
years residence in this state, together
with the contradictory and inconsist-
ent testimony produced on the part of
the commonwealth, which with the
evidence on the part of the defense,
ought to satisfy the board Of pardons
of the doubt as to who killed Conforti.
The reasons as they are given were
two in number and as follows:
First-The good character Boschino
had sustained prior to the homicide, taken
into consideration with the contradictory
evidence on part of the commonwealth,
and the evidence of an alibi leaves the
guilt Of Boschino in great reasonable
doubt, the benefit of which should be
given TO him.
Second-The testimony of John Myran,
Antonio Imbriano and Rocco Salvatore,
being the principal evidence upon which
Boschno was convicted, is so inconsistent
and contradictory in itself as to render 1t
unworthy of belief, and it would be wrong
to deprive Boschino of his life upon such
unsubstantial evidence.
A copy of the above reasons was
served upon District Attorney John r.
Jones by Attorney Horn today and
copy will be served upon Judge Gun
ster today. The hearing will be had
before the board of pardons at Harris
burg on Wednesday, September 16 at
10 a. m. The main argument will be
made by Attorney Horn and Major
Warren and Attorney Wedeman will
follow. District Attorney Jones will rep