The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-10-21

At 10 o'clock last night the jury i'm
Kenny murder trial went to bed with
out having reached an agreement. No
inkling of how they stood leaked out,
and all that was known on the outside
was that they were carrying on loud
arguments that almost bordered on
quarrels. Up to . o'clock this morn
ing their room was not relighted.
The case was given to the jury at
80 yesterday afternoon. Judge Love
made charge that was considered
very favorable to the defendant He
told them if they believed the defend
| ants story of the killing and there
was nothing to contradict It. they
should bring in a verdict of justifiable
homicide.
Attorney John J. Murphy made the
closing argument for the defense,
dwelling particularly upon the theory
of self-defense and making the asser-
tion that had Kenny, under the cir
cumstances failed to strike as he did
he would have been guilty of suicide,
the most cowardly form of homicide.
Assistant District Attorney Thomas, in
closing for the commonwealth, said
that while the prosecution did not in
sist on verdict of murder in the first
degree, he believed that there were ele-
ments of malice and premeditation that
the jury should consider.
THE MINOR CASES.
Criminal court was enlivened by two
laughable incidents yesterday. In court
room No. 2 the case of the common
wealth against Frank MILAN was
called. The prosecutor, Frank Reese,
was put on the stand and when he had
finished telling how his boy had been
assaulted by MILAN, Assistant District
Attorney Harris turned to the man at
the defendants table and, seeing that
he had no attorney, told him that he
had the privilege of asking the wit
ness any questions he might see fit.
The man at the defendants table
rose to his feet and. in a bad mixture
of German and English, proceeded to
tell the court that he never saw the
prosecutor before and as to that "Sit
down. sharply commanded Judge Nc
Clure. You're not here to make a
speech. If you have any questions to
ask this witness, ask them. If not,
we1l call another"
He sat down and. with a negative
nod of his head, indicated he had no
questions to ask. Another witness was
put on the stand and was proceeding
to tell how it all happened when Judge
| Mcclure, through overhearing some
| mutterings of the man at the defend
ants table, discovered that they were
trying the wrong man. 1t developed
that he was Frank Miller, and that he
was defendant in a similar case that
was on the list for yesterday. He heard
Hnf
followed the directions to go into court
room No ..
The other incident happened in the
main court room. Crier Snyder was
| calling John Smith, Tohn Smith, John
smith. Bring forth the body Of Michael
| McAndrew as you have agreed to do"
etc, when woman got up in the back
of the room and said, Mr.. Smith is
| dead" Then bring him before the
| court" beloved the crier. He thought
the woman had said Mr. Smith is
here"
THEY THREW STONES.
Anthony Krotoski, Willie Boos, An
| thony Boos. Michael Moran and An
| drew Brown We're tried for throwing
| stones and shooting at Delaware,
| Lackawanna and Western train No. a.
| frOm BlnghamtOn, on the evening of
Aug. l. Attorneys John p. Kelly, r.
A. Zimmerman and George w. Beale
| represented the defendants, and Hon
II. a. Knapp the prosecutor. The boys
| denied ever having thrown stones at
a train or having shot a revolver at
| anything. The evidence disclosed that
they were all under fourteen wears of
| age, and their counsel contended that
I
as the commonwealth had not shown
| malice or capacity on the part of the
| defendants to commit crime. A YER
dict of not guilty was directed by the
| court, but the disposition of the costs
was left with the jury.
Adolpk Shafer, charged with feloni-
ously woundng William Hall, was ac-
| quilted
! The case of larceny by bailee, in
| which Peter Haettich charged joseph
!