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

Sunday Saloons Responsible.
Sunday beer selling was encountered
at every turn of the proceedings in the
Carbondale township murder case as It
was developed before Judge Gordon and
a jury in court room No. 2 yesterday.
Young Tom Gallagher was drinking in
a saloon in Carbondale after coming
from church. On his way home he met
a crowd of young men sitting on the
steps of the township school house,
drinking from a halfgallon can of beer
and a half-pint bottle of whiskey
Young Quinn was in the crowd and
both he and Gallagher drank their full
share of this half-gallon and half-pint
and another half-gallon and half-pint
which Gallagher helped pay for Gal
lagher was on his way back from Mrs.
McHale's saloon, where he went to get
a glass of beer after dinner, when he
came up with Quinn, who had gone to
the same place for a pail of beer. They
had fought at the school house in the
morning and a renewal of the fight in
the afternoon brought on the killing.
All the testimony for the prosecution
was presented at $3.50 o'clock and the
defense was examining it's second wit
ness at adtourning time.
The theory of the prosecution as out
lined yesterday by Assistant District
Attorney Thomas, was described in de-
tail by Mrs. Nellie Quinn and her hus-
band, James Quinn. jr, and corrobor-
ated in various features by several less
important witnesses. 1t was in effect
that Tom and Joe Gallagher followed
young Quinn when he was returning
from McHale't with pail of beer, and
assaulted him\ that Mrs. Dempsey and
Mrs. Gallagher came to the assistance
OF the Gallagher boys; that old man
Quinn ran over from the railroad track
to save his son: that he was felled by
blow from a stone on the side of the
head, delivered by Thomas Gallagher.
and another on the forehead delivered
by Joseph Gallagher and that Mrs.
Dempsey and Mrs. Gallagher also
struck old man Quinn previous to his
receiving the fatal blow on the side of
the head.
DEFENDANTS VERSION.
The defendants version of the affair
as given in Attorney Kellys opening
was altogether different to that told by
the Quinns. Joe Gallagher was being
held about the knees by young Quinn
while old man Quinn belabored him
over the head with his cane. Mrs. Gal
lagher rescued her boy and told him
TO run for his life He did, and was
heading down the railroad track, pur-
sued by the Quinns, when old man
Quinn was felled by stone which his
son, who brought up the rear, threw
at the fleeing Gallagher.
Mrs. Nellie Quinn was the first wit
ness called by the commonwealth She
told that her husband, James Quinn,
j., went down to McHale's to get a
pail of beer for Thomas Cummings,
VINO was working Sunday shift on
the gravity tracks, opposite their home.
The witness happened by the Gallagher
house and heard Tom Gallagher his
mother and grandmother talking to-
gether and Tom Gallagher was heard
TO say: The bald-headed - -.
Ill follow him. | owe him a grudge
and I'll get it out of him"
The witness then started to McHale's
to bring her husband home. Tom Gal
lagher started in the same direction
but had gone only n short distance
when his mother called him back and
gave him some bright shining article
which he put in his hip pocket. Gal
laEher then hurried on to the hotel.
reaching it before Mrs Quinn, but not
until after Mr.. Quinn had departed.
Tom Gallagher saw the witness out
side of McIiale's and began to abuse
her and to make threats to blow her
brains out. Joseph Gallagher an.
peared about this time and Joined
with his brother in calling her names.
He also remarked to the witness that
1t would be sorry day for her.
GALLAGHER STARTED FOR HIM.
The witness husband had left Nc
Hale's and gone across the commons
to clump Of trees, where he and
Cummings were engaged in drinking
the pail of beer VIXEN the others went
down the road to McHalc's. When he
came from behind the trees and took
TO the road Joe GALLAGHER saw him
and shouted to his younger brother.
There goes the - -. I'll catch
him." at the same time starting up
the hill, followed by Tom Gallagher.
The witness thought To pass them
and reach her husband. but Tom Gal
lagher threatened to kill her if she Col-
lowed and in her fear she remained
standing. She heard the lie EXCHANGED
between her husband and Joe Gala
CHER and saw the latter fell her hus-
band with blow. They were all beat
ing Quinn when old man Quinn ran
over and beSought them not to kill his
boy Mrs. Gallagher said something
to her sons and they turned upon old
man Quinn. Thomas Gallagher struck
him on the side of the head with 4
stone, and as he was tottering joseph
Gallagher hit him with another stone
on the forehead. When he was done
Joe Gallagher kicked him. The wit
ness approached the scene Of the fight
but was kept from participating in it
by Tom Gallaghers threats to blow
her heart out
Thomas Cummings was the second
witness He said he saw the belliger-
ents punched together and could nor
tell who threw the stones that struck
the old man. He was working on the
railroad when the fighting was on.
In answer to a question by Judge
Gorden the witness said that the two
Quinns were about thirty feet apart
when the old man received the blow.
He did not see Mrs. James Quinn, Jr..
anywhere in the vicinity of the Gght-
ing. he said. Neither did he see old
man Quinn using his cane on the Gal
lagher's.
Mrs. James Quinn, widow of the
victim next testified that she saw
Tom Gallagher follow her son down
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