The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-12-15
MDoNALD's TESTIMONY.

him" She testified that her husband
was 60 years old.
MDONALD'S TESTIMONY.
John Mcdonald, the man with whom
the elder Quinn was talking before
he ran over to the fight, was the next
witness. He did not see the fatal blow
| struck. He saw Mrs. Gallagher hit old
man Quinn and he saw the latter hit
Joe Gallagher with his cane. He could
not tell, though who threw the stone
with which old man Quinn was felled.
Martin Battle and Thomas Garden,
who witnessed the affray from a dis
| tanCe of 300 feet. were also called, but
| did not throw any light on the case.
| They saw old man Quinn fall, but could
not tell by whom the blow was struck.
James Quinn. jr., whom the defense
| charges with the death of his father,
| was next subjected to a lengthy eX-
| animation. He first recounted the in
cident at the school house in the morn
| ing, when he and Tom Gallagher got
| into a quarrel and which ended in his
| striking Gallagher and knocking him
| to the ground. Then he went on to
tell of the incidents of the afternoon.
| The first he saw OF the Gallaghers
was when he was starting home after
coming from behind the tree, where he
| and Cummings went to drink beer.
| Both the Gallagher boys and their
mother were at McHale's and when
| they saw him they came after him.
| Joe called after him several times
and finally caught up with him. Joe
referred to the trouble the two fam-
! lies We're having and said Wen set
! tie it now" The witness answered
! that he wouldn't have anything to do
with him that day. Cummings offered
| to Interfere and Joe told hip keep
away. This will be man against man."
WAS SHOWED AWAY.
Joe caught hold of Quinn and was
! showed away. He caught hold of him
again and was again pushed back.
| Quinn's attention was attracted by
| Tom Gallagher and his mother COM
| ing up and while his head was turned
| partially aside Joe Gallagher drew
some instrument from his back pocket
and hit him in the breast, sending him
to the ground.
Then the three Gallaghers and Mrs
| Dempsey assaulted him, the boys
! pounding and kicking him and the
women pelting him with stones. This
was going on for several minutes when
! Quinn's father came rushing over and
begged of them not to kill his boy.
The assailants turned their attention
| to the father, all of them pelting him
! with stones Thomas Gallagher hit the
| old man on the side of the head with
a big stone and as he was tottering
Joe Gallagher hit him with another
| stone on the forehead. The witness
| got up and chased Tom Gallagher, but
| did not overtake him. When he re-
turned the tumult had subsided and
his father was being carried to the
| house.
| On Cross-eXaminatiOn he denied haV-
| ing seen his father use his cane on
the Gallaghers and positively swore
| that he not only did not throw a stone
at Joe Gallagher which struck his faith
| er, but that he did not throw or at
| tempt to throw a stone during all the
melee. He also denied that his mother
| said: you are the cause of your faith
ers death" What she did say, he
averred. was that You are the cause
Of the trouble that brought on your
fathers death" He admitted that he
whipped Tom Gallagher at the school
house in the morning and that he
would have given him a worse beating
| If the crowd had not restrained him.
COMMONWEALTH RESTED.
With his testimony the common
wealth rested and Mr. Kelly opened
for the defense. His version of the
affair was, as told above. that young
Quinn killed his father in attempting
| to strike Joe Gallagher.
Tom Gallagher came home to din
ner under the influence of drink and
with blood on his face and clothing,
Mr. Kelly went on to say. His mother
! learned from him of the encounter at
the school house and when he started
out to go to McHale's in the afternoon
| Mrs Gallagher feared he would get
into more trouble and sent her mother
to the chutes, where Joe Gallagher
was working, to tell him that Joe was
drinking and to have him go to Nc
Hale's and bring him home.
Mrs. Gallagher said that Quinn was
down at McIIale's and as this height
ened her fear for her son. she herself
went down. Mrs. Quinn was there AMI
she heard her say to Tom: You'll
swallow your own blood before this
day is over"
Mrs. Gallagher and Joe were taking
the younger brother home and when
they approached the crossing where
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