The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-06-24

but No Witnesses Have Been Heard
Yet in His FavOr..Cases Tried Bee
fore Judge Edwards in No. Court
Room.
, II required only from the time court
convened yesterday until $50 in the
afternoon for all the evidence OF the
commonwealth in the Toni murder case
to be presented to the jury; but. never
theless, District Attorney John X. Jones
made out a strong case of murder OF
the first degree. Ross Keogh, OF old
Forge, and John Jenkins. now of Ash
ley, but resident of Old Forge the
time of the murder, swore positively and
unhesitatingly that they saw the de-
fendant fire the shots, and their test-
mony was also clear that there was no
provocation, on the contrary, that Iohi
wilrully and deliberately pulled out his
revolver and used it upon the prostrate
body of Rafter.
Attorney Joseph W. Brown opened the
defendants case to the jury and out
lined the story of the defense. In suo-
stance he said that u number OF Wit
nesses would go upon the witness stand
and swear that Toni was not the man
who did the shooting. that he was not in
the habit of carrying a revolver. and
that he was in another part or the
town that night. Their witnesses Will
be heard today and until their case Is
closed.
1t is a strange coincidence that Toni
boarded at the same house In which
Crezenzo Merolo lived. The fact that
Rafter lived sixteen days after the
shooting does not deprive the case or
the element of first degree murder. The
old common law of England. with GER
tain statutory notifications, is part
the penal code of this state and provides
that IL the wounded person dies within
a year and a day after the infliction OF
the wound, then the prisoner may be
tried for his life.
DIR. LONGSTREETS TESTIMONY.
DR.. s. p. Longstreet county coroner,
was the first witness for the common
wealth. At the autopsy on he body
Of Rafter the coroner located the bull
let's; they We're lodged near the hip joint
in the pelvic cavity. The primary cause
of death, he said, was the bullet wounds,
the secondary cause was the infiam-
nation or suppuration and the direct
cause was blood poisoning.
An anatomical chart was erected near
the jury box and the coroner In a very
satisfactory 9nd simple manner de-
scribed the course Of the missiles and
where they had lodged. He gave his
opinion that death was inevitable from
the wounds.
Ross Keogh was then sworn. He met
the deceased on Feb. 4, the day OF the
shooting, at FallOn's hotel at the dinner
table, and afterward they went out to-
gether and visited Cusick's hotel. John
Hayspringer, Of yHyde Park, was along
also. He went on and told of their oc-
cupation the rest of the afternoon and
evening and led UP to the time of the
shooting.
They went into Hollands hotel and
left 1t after having some cigars, and
stood for few minutes at the door.
The Italian band was practicing up
stairs in Hollands hall and Rafter
wanted to go up. The witness did not
| want to go up, and he caught hold of
Rafter by the coat sleeve. Then the
| latter said he was going home and both
walked a few feet along the sidewalk
when they met Toni. Rafter slipped
on the ice, fell to the ground. an6 roni
| whipped out his revolver and shot him
| twice.
TONI HID THE REVOLVER.
He ran as quick as he did 1t to his
boarding house and the witness followed
him. Toni took a revolver out Of his
pocket and put it on the shelf. Then
witness went back to the office Of Jus.
tice Of the Peace r. Willis Reese and
swore out a warrant for the arrest OF
Toni and went with Constable Patrick
Henry and identified the prisoner. There
was no hedging about Keogh's testi.
mony and Mr.. Martins cross-examina.
tion did not make him any less conf.
dent that Toni is the man who did the
shooting.
| County Detective Thomas Leyshor
testified that he was told by Keogh thai
Toni took revolver out Of his pocket
when he ran into his boarding ouse
|
tied the house and found revolver or
a shelf in TOMS bed room. The weapor
was offered in evidence. After Mr.
Leyshou, Constable Patrick Henry wa!
called and he testified to making thu
| arrest.
DR.. John ]. Timlin. Of Old Forge, wa.
sworn and testified to having beer
called to attend Rafter. He described
the wounds and said he probcd for thu
bullets but could not find them. Mis-!
IlalIah c. Rafter, a sister Of the de
ceased. testified to her brothers suffer
ing and death. She is one of the stat
OF nurses at the Lackawanna hospital
MOTHER ON THE STAND.
John Gallagher, of Old Forge, was th
next witness. He was fifteen feet ava,
from Rafter when the shots were fired
but he could not identify the shooter
He saw keogh follow the person wh,
fired the shots. Mrs. Sarah Rafter
mother Of the deceased, and Miss Min
ME A. Rafter. another sister of the de
deceased, testified to his suffering an,
death. and that he was brought HON
from Old Forge ON Feb. Z, three day
after being shot.
John Jenkins, of Ashley, was the las
witness for the commonwealth. He 1
young man and used to drive cars Il
Jermyn's shaft, Old Forge, to Toni be
fore the murder In that way he wa
we'll acquainted with the defendant
He was four yards away from RATE
when the shots We're fired and he posi-
lively identified Toni as the murderer
The trousers worn by the deceased OF