The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-07-02
DIR. HAGGERTY TELLS
HOW IT HAPPENED
Then the Jury Said Not Guilty, but
Don't Repeat II.
WIFE TRAVELLED ON HER MUSCLE
Was One Time an Acrobat with n
show Company--AssaiIant of the
Little Jones Girl Found Guilty.
Mabady Jury Disagrees, and Is Dis.
charged--Defense in the Jermyn
Assault Case Being Heard.

Not guilty nut pay the cOstS was
the verdict in the case in which DR..
william Haggerty was charged by his
wife with assault and battery. The
trial took place before Judge Gunster
yesterday morning. Hon. II. A.
Knapp assisted in the prosecution and
Il. c. Newcomb appeared for the de-
fense.
Mrs. Haggerty testified that on the
night in question she went into the
office which Is in the front part of their
home to get some money to pay the
servant girl and discovered the doctor
with his arms about young and pret-
ty woman. She thought their relations
were not altogether of a professional
nature and going outside she peeped
through the Office window.
She became highly incensed at what
she saw and in a great rage broke into
the office and assaulted the woman.
The doctor thereupon assaulted her,
pummellng her in the face with his
fists and throwing her down In very
violent manner.
Mrs. Rupert Reynolds, a next door
neighbor, testified to having heard
commotion in the Haggerty residence
and a moment later seeing Mrs. Hag-
gerty rushing out of the house, her
golden hair hanging down her back
and blood flowing from her face. AL
derman w. S. Millar also gave testi-
mony as to Mrs. Haggerty's appear
ance when she came to his office for a
warrant.
STORY THE DOCTOR TOLD.
DR.. Haggerty was the only witness
for the defense. He explained that the
woman in his office on the night in
question was a patient and that what
his wife thought was improper conduct
was nothing more or less than a pro-
fessional operation. When his wife
rushed in, he said, she seized a mon
key-wrench and attempted TO strike
his patient and to prevent a possible
murder he seized her and threw her
upon the sofa holding her there until
her rage had cooled somewhat. She
might have sustained some bruises in
the struggle, the doctor said, but he
denied emphatically the allegation that
he struck her.
AS an evidence that the struggle was
necessarily somewhat fierce the doctor
stated that his wife was possibly the
strongest woman in Scranton. She
year, he said, as an acrobat and also
did a turn as seriocomic singer. She
was also in the habit of practicing
daily with dumb-bells he said to keep
herself in good form.
The case was submitted without ar
gument. The jury was but a short
time in arriving at verdict.
The case of John +. Kelly, of Jer-
cha
upon Mrs. Anna Brosky, which was
called just before adjournment We'd
nesday and continued because of the
absence of witnesses for the prosecu-
tion was resumed before Judge Gun
ster at the conclusion of the Haggerty
case. Assistant District Attorney
Thomas appeared alone for the COM
monwealth and Mr.. Kelly and Mr..
Corey for the defense.
MRS. BROSKYpS STORY.
The allegation of the prosecution is
that on March 10, last, while Mrs.
Brosky and her little boy were return
ing home from Jermyn over the noun
tain to their home at the Ridge back
of Archibald, a man came upon them
from behind and after driving the boy
away at the point of revolver as
saulted the woman, overcoming her
resistance by threatening to shoot her.
Mrs. Brosky in relating her story to
the police told that her assailant had
his left hand in a bandage. John T..
Kelly was the only man about Jermyn
whom they knew had his left hand in
bandage and as the description Civ
en- by the woman tailed with his ap-
pearance he was placed under arrest.
Mrs. Brosky was then brought before
him and she positively identified him
as her traducer
The claim of the defense is that it is
a case of mistaken identity. 1t is pro-
posed to show that at the time of the
occurrence Kelly was under the Goc-
tors care and was not able to be about.
A strong alibi is also to be proven.
Yesterday afternoon the defense began
its side of the case and up to adjourn
ment time called character witnesses
mainly. Prominent citizens of Jermyn
where Kelly has resided for five years,
ard of Providence, where he lived for
nearly thirty years before going to Jer-
myn, all testified that he was above
the suspicion of such heinous crime.
OUTLINE OF DEFENSE.
Today the defense will call a number
of witnesses. who will testify that a
Vagrant bearing a strong resemblance
to Kelly and having his left hand IN a
bandage was soliciting aims in Jermyn
on the day the assault took place.
Albert Osborne, alias Albert Osner,
charged with criminally assaultiLg 12-
year-old Lizzie Jones, of Olyphant, was
| returned guilty of the second cou IT
of the indictment, the jury finding that
no force was used. The maximum pen
atty for this offense is $1,000 fine and
fifteen years in the penitentiary
The jury in the case Of Samue. Ma
lady. charged by Nora McGlynn with
the crime of procuring a crlmna! op-
Grafton, came into court yesterday
mcrning after being out all night and
reported that they could not agree.
Judge Gunster sent them hack with
| instructions that they must agree. At
$50 o'clock y. N. they had not yr.
agreed and Judge Gunster dischP ge9
them. They stood three for acquittal
and nine for conviction.
A. Bender charged with obtaining
credit by felse pretenses from Schwarz-
schild & Sulzberger, was returned
guilty.
Richard Hull, charged with stealing
mine tools from John Flaherty, at the
Frisbee colliery, in Fell township, was
on trial before Judge Archibald at ad-
| journing time. j. w. Browning ap-
pears for the defense and District At
torney Jones for the commonwealth.
SOME OTHER CASES.
Felix Shofski. charged by Joseph
Kalosky with assault and battery;
Stephen Kazinski and Michael Kala-
man, charged with a similar offence by
| Andrew Iukatoh, tYobn paoon aco,,saa