The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-12-07


months Imprisonment, even though
the court was inclined to impose the
maximum penalty.
When court adjourned Tuesday, Dis
trict Attorney Jones had finished the
examination of George Dimmlck, en-
gineer of the Erie train on which the
defendants rode from Bracebrook to
Ararat. His story of the unsuccessful
effort to nail the doors of the box car
In which they rode and the manner in
which they left the car at Unlondale
and entered IL again farther up the
road was corroborated by Conductor
Siege Robbins and Brakemen Walter
Rowens, Richard Huddy and Horton
Dilts.
Warden w. r. Simpson identified four
derby hats as the headgear worn by
the defendants when they were re-
ceived at the county jail.
Jesse Vail. the miller who helped
Leach halt the gang at Ararat, told a
story that was substantially the same
as that Of Engineer Dimmick. He in
sisted that the first shot came from the
gang that got out of the car.
Judge Edwards reminded counsel
that 1t was not a case of manslaughte-
that was being tried, and that the ques-
tion of who fired the first shot had
nothing to do with the matter. No OBJ
lection being raised, however, he would
indulge the testimony.
John Leslie, Frank Stocker, d. o.
Lake, Constable Neary and John Wood
mansee testified to having found along
the trail through the woods, followed
by the fugitives, a leather revolver
pouch, a bottle lady's gold chain a
silver watch case containing dynamite
caps and a Colts revolver.
Chief of Police McAndrew testified
to having found S10.55 on Gaughan,
and $3.50 on Cummings, and also on
Cummings a bottle containing a liquid,
which had the appearance of nitro
glgcerine.
SAW DALTON AMI. zOLLNER.
Della Payne, a servant girl in the
employ of Gaylord Gellatt. of Comfort
Pond, testified that on the morning
Of the burglary she saw two men pass
the house and that one of them
stopped some distance down the road
and turned into a clump of bushes
for a few moments. She identified
Dalton and Zollner as the two men.
Farmer GCllatt testified to the same
thing. Seward Wall, a 15-year- old boy,
testified to the finding of a stick of
dynamite in the clump of bushes re-
ferred to by the preceding witnesses.
William Daniels, n coal and iron
policeman from Shenandoah and Coun-
ty Detective Leyshon identified the
small steel wedges found on Cummings
as the kind of tools used by burglars
in cracking safes. George NJ. WAL
lace. of Ararat, testified to the finding
of a nickel plate revolver in the
swamp.
Night Clerk Brokenshlre and Clerk
Eli Nicholson of the Traction COM
pany. testified that the office door was
burst in by the burglars, the catch
being forced off
The last witness was Leach the man
with the gun, A general hush fell
over the crowded court room when
he took the stand and continued dur
! ing the entire recital of his story.
He was doing his early morning
chores when the telegraph operator
| came running over to him with
! message telling of the Moyfeld bur-
| glary and of the six supposed bur-
| glars being on the train that had just
| left Uniondale
TOOK HIS RIFLE ALONG. =
Taking his rifle he went to the sta
| ton. Jesse Vail came along soon af-
| terwards armed with a revolver. When
| the train stopped Leach and Vail went
to the west side of the train. which
| pulled up past them the length of q
few cars. The gang was in the first
| car.
One man got off on the west side
| and started ahead. Leach called to
| him stranger hold on a minute. I'd
| like to talk to you" The man W Whipped
out revolver and whirled around
and fired. Vail fired at him and the
fire was returned. Leach took a shot
at him but missed him.
Looking beneath the cars they could
see the five other men getting out on
the opposite side of the train. Leach
went around the engine, leaving Vail
to deal with the man going down the
track. AS told by Vail he and his man
had a lively exchange of shots, but
no harm was done and the man es-
| capped.
When Leach appeared on the east
side of the train, four of the five men
mound of culm, while the fifth man,
Barry, who was killed, stood a little
in advance on lower ground. Leach
was carrying his gun at a "trail' in
his right hand. When he approached
the hVe men the first of them took
aim at him and fired. At the same
moment Leach raised his rifle and shot
Barry dropped with bullet through
his brain.
The other four fired voIley, or. at
all events, volley of shots came from
the semi-circle and then they brokt
and retreated towards the swamp, scat
tering as they ran.
CAUGHT ON THE FENCE
Gaughan's trousers became caught in
the parbed wire fence enclosing tht
swamp and Leach started towards him
Gaughan turned around as far as he
could and' taking aim at Leach, fired
Leach shot at him and sent a bulle
through his shoulder. He broke ava,
form the barbed wire and staggere,
along some distance through tbt
swamp, finally dropping down behind
a clump of bushes. Leach saws that
when he called to Gaughan, Halt OF
I'll shoot" Gaughan answered, "Shoot
and be d" Leach then shot.
Cummings, after clearing the fence
stopped in his flight, rested his bis
Colts revolver in the hollow of hi,
bent. left arm and, aiming at Leach
hred' Leach shot at Cummings anc
shattered his right arm. Cumming!
zig-zagged up the hill, but only went 6
short distance, when he returned anC
sat on a stone. He and Gaughan sub
mitted quietly when Leach and Val