The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-12-05

PENDANTS Can Be Convicted of COM
mon Law Burglary-Jurors Who
Were Selected to Try Case.
1t was not until o'clock yesterday
afternoon that the twelfth juror was
accepted to try the Mayheld robbery
case. O'Brien & Kelly, attorneys for
the defense, elected to choose an oyer
and terminer jury and exhausted nine
teen of the twenty challenges allowed
before the last man took his seat in the
box.
The unusually extreme care exercised
by the defense in the selection of the
jury gave strong grounds for belief
that in this apparently hopeless case
the appearances are deceiving and that
the defense will develop something in
the nature of a surprise.
This .act tends to add extra interest
in the proceedings, especially among
| the attorneys, who waited about in
large numbers to hear the cross-exam.
nations and get Iinc on the defense.
Only one witness was examined be-
| fore adjournment. This was Patrick
| Dempsey, the fireman at the power
| house. who was first attacked by the
| robbers, From the questions which
were put to him by Mr.. O'Brien the
| impression was gained that a main
| e'ort Of the defense will be to reduce
the grade of the crime.
CRIME CHARGED.
The indictment charges in the first
| count common law burglary. for which
| a penalty of ten years and $1,000 fine
may be imposed. To convict of this
| crime it will be necessary to show
| that the burglarized premises were
! domicile, or, as the books have it, q
mansion house, and that the entrance
| was forcibly made at night Statu-
| tory burglary, the next count in the
| indictment, has a maximum penalty Of
| only four years and $500 fine. An en-
| trance effected to any sort of building
with intent to commit larceny, is sub
| stantially, what is covered by statL
| tory burglary. Larceny, the next low
er grade, is just stealing.
| 1t could be fairly gathered from Mr..
| O'Briens questions that If his clients
should suffer conviction it is his pur-
| pose to reduce the crime to larceny If
! possible, and at least to statutory bur-
| gary.
| Tha fact that there is q bunk room
in the upper floor of the power station
| would tend to give the building the
| semblance, at least. of domicile. These
hunks are used nightly by the crews
| that take out the early morning cars
and on the night of the crime there
were ten or twelve men sleeping there.
| Mr.. O'Brien was Jealous in bringing
| out the fact that these hunks were not
used by any of the crews regularly:
| that is, that all those who occasionally
used them had lodging houses other
than that the barn.
DOOR WAS NOT LOCKED. -
| A strong effort was also made to
gain an admission from Dempsey that
the tlreroom door, by which the bur-
| glars must have made their entrance,
| was usually left open and was open
on this particular night. Dempsey,
| however, would only say that the door
| was not locked and that he didn't know
| whether or not it was swung open, but
| believed he had pulled it to before re-
turning to the engine room, where he
| was seated, reading, when the bur-
glars entered.
When the case was called yesterday
morning the four prisoners were
escorted from the dock to the
| defendants table by Warden Snip
son to an accompaniment of a
buzzing conversation and general cram
ing of necks from the crowd, which
fairly packed the big main court room.
James Gaughan, alias Kelly, the
youngest of the quartette, a boy not
over eighteen years of age, took the
seat nearest the jury box and ex-
! changed a few words with his brother.
a Iine appearing, middle-aged man of
| portly build, dressy attire and carry
ing gold headed cane. who was at
the defendants table early conversing
with the attorneys. Young Gaughan
is the one who was shot through the
upper part of the right breast and
who 1t was at first thought, could not
live. lie is. however, none the worse
physically for his dangerous ordeal.
When taken into custody he insisted
that his home was in Ashley. It de-
velops, however that he Zollner and
Dalton are all from Shenandoah and
of the towns adjacent thereto.
APPEARANCE OF MEN.
Zollner, who sat next to Gaughan. Is
apparently next in seniority. He Is
quite boyish in appearance and though
somewhat dissipated looking does not
show in his face any marked criminal
instincts, The same, however, cannot
be said of the other two Patrick Dal-
ton alias Joseph Leonard, and John
Cummings. alias Western Red
Nethers' photograph would be marked
by contrast If encountered in a rogue's
gallery. They are about of an age
| apparently 2S or 30, and their faces
evidence cunning and daring as bcine
among their chief characteristics
Zollner comes from a good Schuylkil'
county family, it is said but Cum
mings' home is not known, further
than that he says himself it Is N
Logansport, Indiana. Cummings earns
his sObriquet from his ginger co'Ured
hair and the fact that in his chosen
profession he is known to the com.
panions of his calling as having CONS
from the west. He is the one whose
right arm was so badly shaft cred by
Bill" Leach's rifle that it had to be
amputated near the elbow.
At the prosecutors table with Dis.
trlct Attorney John r. Jones, were T.
j, Neary, the Carbondale constable
who is named as prosecutor, and Cen
eral Manager Flynn, Of the Carbonate
Traction company.
"Bilr' Leach OF Mt. Ararat, the mar
with the gun, who helped halt the
| fugitive robbers as host be coiIId with