The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-03-07

after the shooting, and saw the h8dy lying
outside Of the house. The Reese boys had
gone before my arrival ! helped to remove
the body into the house.
Cross examined by Mr. Dolphin Mr.
Snyder, Edward Graham and another man
helped to remove the body. Before taking
her In ] took the light out and examined the
body. There were black bullet marks about
the neck and breast The next ulorning
when | saw the body the mark on the neck
had disappeared. The body had been washed
during the night. The other mark was still
there.
| William Mccarthy, brother Of the accused,
was sworn. He did not see the shooting. He
/ identified the revolver as his property, but
did not know whether his brother knew
where it was kept or not
Cross examined by Mr.. swank There were
two rooms downstairs Mother and sister
slept downstairs. Dennis and I slept up
stairs
Miss Jennie Mccarthy sworn. Dennis
came home about two o'clock Sunday after
| noon and went upstairs. He came down ff-
teen minutes later and quarreled with me
| Here Mr. Dolphin objected to any questions
unless it was shown that Mrs Mccarthy, the
deceased, took part in the quarrel. Judge
| Mari overruled the objection and the defense
excepted
Witness My mother was present when the
quarrel took place.
Cross examined by Mr.. Swank. Nv
brother went upstairs to sleep. / told him
he should go 10 bed. Here the Common
wealth objected but were overruled.
My brother and | had quarreed but
mother took no part in it.
My brother said, Mother, whatever I've
done haven't said anything to you. Have
l. mother? She answered, NO"
There was sharp legal tilt before this
testimony was brought out, Messrs Bechtel.
Dolphin and Swank taking part, but the
defense secured the desired answers.
THE revolver was here offered in evidence.
Last evening as il was being handled before
the jury, and Just as it was pointed at Mr..
Swank, a loaded cartridge dropped out of il.
which resulted in warning from the Judge
this morning.
Squire Brennan was recalled and said the
revolver had four empty shells, one loaded
cartridge and one empty chamber when he
received it from James Reese at his office,
Cross examined by Dolphin Constable
Rowley and one other person were present. /
handed it to Dr. Bssell in the same condi.
ton, and don't know who took the empty
shells from it. Care was taken of the revOl
yer while had it and no other person had
IT. The hammer was set on the empty
chamber. Am sure none Of the bullets wa,
fired while ! had the revolver.
Mr.. Dolphin subjected Brennan to a severe
line OF questioning, his purpose being to show
that the Squire had discharged some of the
cartridges but the Squire stoutly denied
this.
Deputy District Attorney Mclaughlin wa,
sworn. He had been present at the inquest
and he removed the empty shells. in tn,
presence of the Coroner
Cross-examined by Mr.. Dolphin The1
for safety you took out the empty shells anC
left the loaded one in?
A. Let me explain. l took them out 81
that there would be but one shell in and thos,
handling it could see it was loaded, but
didn't anticipate any one would try to shoe
any of the counsel.
DR.. Bissell correlated the evidence an,
: Constable Rowley gave some unimportan
testimony. Here the Commonwealth closed
] DEFENSE BEGINS
= Attorney Swank made the opening addres
Tor the defense, beginning at 1920 O'Clock
} lie declared the prosecution had failed L
+ show any motive or any reason for a motive
On the contrary the defense would show tina
the klndest feeling existed between mothe
and son, and the only word the mother hat
Tor the son was, God bless him"
We will show that. the revolver was takeI
7 from the mother and that powder mark
were on the body of the prisoner, and furthe
! that no effort was made at coucealment bu
j that the prisoner sought help for his mother
10 convict some intent must be shown an
no such intention has been shown. 1t was
: credltaDle and effective address, briefly an
polntedly made, occupying just four minute.
VIM. Mccarthy, brother of the defendant
was the first witness called. In answer t
S Mr.. Dolphin l kept the revolver in m
: collar box in the cupboard drawer dow
f stairs. In this drawer l also kept som
clothes neckties and so on. There were tw
boxes on top Of the collar box. There wa
; no lock on the box. l had not taken the r.
yolver out of the box for month before. A
that time there were five loaded cartridge
and one chamber was empty. | fired all tn
cartridges of and reloading the revolver fire
! on some more, When l put the revolve
back in the drawer, | think there were fy
loaded cartridges in it. l saw Dennis near
MahanOy City saloon before the shooting OF
that Sunday and he was acting strangely II
thought he saw man iu front of him on tn
r road and said they were trying to kill him
| said, Come on you lug, you, there's nObod,
trying to hurt you, but he repeated they wer
trying to kill him, saw no one in front O
him"
Here the Commonwealth objected an
, asked for an offer.
Nj. Dolphin said it was proposed to prov
! that previous to the happening the defendan
q had been in a condition of mania apOtu an
, could not distinguish between right or wrong
z. Was that the only time during the wee
prior to this Sunday that you saw Denni
l pick up stones to throw at nobody?
A. That was the only time.
r On the three times that / saw him befor
the shooting Dennis was drunk / wen
home with Dennis and he went up stairs I
bed. heard him 90 to bed and he cam
1 down about fifteen minutes later Patric
F. Grady was in the house then and Denni
D went back to bed, Then l went out. 1t wa
I just getting dark. There had been no 4
: feeling between mother aud Dennis. Befor
he went TO bed the first time he sale
Mother, / haven't said anything to you
j. have IT' and she said mo- Then b
remarked Pm going to bed" and she calle
e ont, God bless you"
! James Reese recalled and told how tn
r prisoner was dressed and repeated hi
. previous evidence.
Jennie Mccarthy, sister of the prisoner, II
called: II came home on Saturday and
$ saw Dennis on Sunday morning, about l
Il ! o'clock. He went TO Mahauoy City aud cam
d back in the evening with his brother H
was under the influence of liquor and aske
, for something to eat. He got il and went /
a bed. This was about O'clock. He cam
: down stairs again in about Is minutes an
. remained about half au hour, and went VI
stairs again. After few minutes he cam
70 down stairs and said to me, I am going {
N bed We had had some words and he sa
d down in front of the stove and rested hi
A head on his hands. There was no whiske
10 about the room, but on Monday, the da
after, we found a bottle under the ticking