The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-10-20

This is the story of jury that could
not agree when the commonwealth
made out strong case and no defense
was offered. The case was put on ttial
before Judge Archibald in No. yester
day morning and was that of Joseph
Murtaugh, who was charged with SELL
ing liquor without a license. County
Detective Leyshon was the prosecutor.
Murtaugh lives in the sixth ward Of
this city, and several Of his nelghbors
We're put on the stand. who testifie
that for the last two years Murtaugll
has kept a hole-in-th wall, in the
basement of his home.
Several witnesses also testified that
they had procured beer at Lis place.
No defense was put in by Attorney
George Horn, counsel for the defend
ant.
In his charge TO the jury, Judge
Archibald laid stress on the fact that
he himself had received complaints
from hotelkeepers, asking protection
from this illegitimate traffic, and re-
marked that If the jury believed the
commemorative evidence. they must
convict, not only in order to uphold the
law, but to protect the legitimate deal
ers.
The jury went out at 1890. and came
in at O'Clock without reaching an
agreement. They were therefore dis
charged.
The case of John Cavanaugh, of S2S
Hickory street, was next called. The
prisoner was charged with malicious
mischief in breaking a window in
Chlnese laundry on the South Side.
Chief of Police Robling was the prose-
cutor in the case, and was represented
by Assistant District Attorney Thomas.
Attorneys c. c. Donovan and M. f.
Conry appeared for the prisoner. Their
defense was the proving of an alibi.
CHINESE INTERPRETER.
The prosecution put on the stand the
proprietor of the laundry and Fung
Sing, together with Mrs. Rosar, owner
of the building, and other witnesses.
The Cinnamon testified through 500
Hoo Doc. 1t was the first time a Chi
nese interpreter was ever heard in this
county.
The offence took place between and
o'clock on the morning of July 5.
1899. Three men entered the laundry
and attempted to rob the till. They
were put out by the proprietor, and one
of them hurled a stone through the
window, whether by accident, or in
tending, in the heat of the moment. TO
hit the proprietor, is unknown.
He was pursued down the street by
George Rosar. Later, at a hearing in
the alderman's office. Rosar and the
Chinaman singled Cavanaugh out from
a group OF men as the person who had
thrown the stone.
On the other hand. the defense proved
tnat on the fifth of July. Cavanaugh
was at home in his bed. His mother
and two sisters both testified to having
seen him in his room, and his tvs
brothers, who slept in the same bed
with him, gave evidence that he was
at home.
Mrs. Mangan, also neighbor. testi-
fed that she had been in the Caya-
naugh home and had seen the prisoner
after he had just arisen and was taxi
ing his breakfast, about the time the
offence was alleged to have been cont
mitted. Henry Coyle. Patrick Lyrctt,
John Melvin, deputy sheriff. were put
on the stand and testified that the de-
fendant had always borne a good name
and been a law-abiding citizen.
Attorneys COnry and Thomas ad-
dressed the jury for the defence and
prosecution, respectively, and then,
after the judge had charged them, the
jury went out at about o'clock. A
verdict had not been returned up to
the adjOurning hour