The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-12-18

Acquittal of Mrs. Bridget Dempsey.
Mrs. Ann Gallagher and Joseph Gal
lagher and a verdict of manslaughter
against Thomas Gallagher, with a req
ommendation of mercy, was the find
ing of the jury i'm the Carbondale towu-
ship murder case.
The jury came in yesterday morning
at 1890 o'clock. after having been out
since $50 o'clock Friday night. a space
of thirty-eight hours. Agreement was
reached at $50 o'clock and word was
sent to Judge Archibald who 1t was
arranged should receive the verdict,
Judge Gordon having returned to his
home in Clearfield, Saturday morning.
The defendants had come down from
Carbondale on an early morning train
ana were about the court house when
the announcement of the jury's agree
ment was made. Messrs. OBrien and
Kelly, attorneys for the defendants,
heard the tolling of the court house
bell while they were at church and
realizing its import, FASTENED to an
sWer its summons. Assistant District
Attorney Thomas and StenOgrapheg
WilliS CostOn were notified by messen-
ger and arrived soon after Judge Arch
Dald appeared on the bench. About
half hundred disinterested onlookers
also happened in.
An hour after the bell sounded the
jury came in and presented its finding
through Foreman T. Ellsworth Davies
NO comments were made by the de-
PENDANTS, but their counsel seemed to
be quite well satisfied with the finding.
WAY THE JURY STOOD.
From the stories that are told of the
Jury's deliberations the defendants,
too, ought to be satisfied. Several nf
the jurors were for Convicting all four
Of murder in the second degree and
leaving to the judge to say by his sem
tence what share of the responsibility
ettached to each. These Jurors. how
ever, realized in a short time that the
majority were against COnvCtng the
women of any crime, and before retir-
Ing Friday night it was decided that
the women should be returned not gull
ty.
The case of the boys was taken up
saturday morning. The opinions ad-
vanced showed that scarcely any two
jurors were of the one mind. One
wanted that both should be convicted
of second degree murder; another held
that Thomas should be returned for
second degree murder and Joseph for
manslaughter; another would have
both convicted for manslaughter; an
other would have it that Thomas was
guilty of mansaughter and that Joseph
should go free, while another
thought the boys were no more guilty
than their mother and grand
mother and there being a reasoH-
able doubt as to whether it was one
of the Gallaghers or young Quinn that
threw the fatal stone, both ought to
be acquitted.
After a time it was concluded that
the crime did not rise above man
slaughter and before retiring Saturday
night Joseph Gallagher was practically
freed Yesterday morning the men
who had favored acquittal for all four
agreed to compromise on a verdict If
manslaughter against Thomas Gala
wher, with a recommendation of mer-
cy, and the deliberations were at an
end
O'Brien and Kelly will ask Judge
by mail but defer it until they can be
heard in behalf of their convicted
client. Judge Gordon will come he .
during the second week in January TO
assist in common pleas and it Is quite
likely he will wait till then to impose
sentence. The maximum penalty for
manslaughter is twelve years. The
convicted boy is 2l years of age.
BEALE RETURNED AS GUILTY.
A verdict of guilty with a recon-
mendatiOn of mercy. was returned in
the case of Attorney George w. Beala,
charged with the embezzlement of
$500 from the estate Of Mrs. Esther
Mead. deceased, which money he held
as executor of her brothers estate His
defense was that the money was lost
in a speculation which he made ut
Mrs, Mead's behest. Sentence was sus-
pended pending a motion for a new
trial.
John Wood and Harry Lutz, of Old
Forge, charged with selling drugs
without qualifying as pharmacists,
were also found guilty, Their px-
PLANTATION was that the manager of the
store, who was a registered pharma-
cist, had quit suddenly, and they We're
simply compelled to take care of tic
trade until Proprietor Wood could Sc
cure pharmacist to take the place Of
the former manager. Sentence win BE-
imposed today.
Fuller Johnson, who WAS convicted
at the last term of. court OF assault
and battery, was fined $40 and sent up
for thirty days.
Capiases were issued for John Cor
don, George Novak, John Randokas,
George Harvey and Mary Hansirk
who failed to appear to be senten 2ed
for costs that were imposed on them
during the week Owing to the Jury
trials looping over into Saturday he
surety cases We're put over till next
term.