The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-12-16


The Carbondale township murder
case was given to the jury at $50
o'clock last night. The defendants side
concluded its testimony at Z o'clock
yesterday afternoon and both sides
rested. Judge Gordon then arranged
that each side should have an hour
for closing and that an evening session
should bc held for the delivery of the
charge.
Mr.. O'Brien closed for the defense
and assistant District Attorney Thomas
for the commonwealth. Each con-
sumed the full hour allowed them ana
Judge Gordon took another hour fer
his charge.
Mr. OBrien argued for acquittal for
all four defendants, contendinG that
the commonwealth had failed to prove
beyond reasonable doubt that the IA
tai blow was inflicted by any of ;he ac-
cuscd. Mr.. Thomas held that the cvi.
dcnce showed clearly that death result
ed from an assault made by the TOUR
defendants and that one of Them
Thomas Gallagher, threw the stone
which caused the fatal wound. 1t was
clearly seColu u'SLec ,'.,,',,,,,I
Thomas held Judge uoi'on '',,,,,t na,,si5o,.
in his CharEe' ihat ne o'' Il", ,,,it,,
the TOUR u'leH"th,a CN"|"S -,
and if conVictloh lol'oWtu' nr ,ao",'
in passing sentence ''"'' ''' .i,t
tion the circumstances tending to mitl'
gate the oIlense Ill eac" i""'' '''''''
TESTIMONY NOT TAKEN.
,,,,,,c,,,,. v.bo was on the
'a'.'I o,1il,,r,1,,,o,t "wednesday. was
,,rio,,d g. - searching cross-cXam-
su"Jt,''u ~ ~, ITa,.n ,,bor the trial
i"''o'' - '.,,,,r,I,,, ,,orninp but
W"' .,,.'',,,. ,,.,, no., sbol,ar He de-
ms ''9'''i,o"S ~, -, sa,,. Ouinn oo-
nle nleu PU,,',',,'I a,,1 f,I,n,,od him The
ms s ~ -',, ~ G,,in,, ortor dinnor was
.,i,r,, 49,, I,tto, ,yos going from "the
trees" to the railroad track. towards
his home u
MIS-. Ann 'allAEn''' o"9'I"
CHER ana MRS hrluE't l'ei'p''E' lit0
othor uolCnu'H'@' We. '''
nesScs. Ihe story ol me ''''l"s'.e' . >
was IN substance s,L'''I'I |" ia
| Thomas GdlaSh'r. MIS- i,'''i ''E' ~.
grandm"'her' uohir4 nlN.nF o't'' ~
the HGhl at an l u'ul It,
WASH IN II. ana pon h"oN ""S
thlnE ap"uI /" Sh' '"l" c...
Joseph faIlaEhcr S'"''u .u"' "l,I
he was struck on 'nc "'"' Win ,' 't''ie
ne was 50 ua"Vu 'H"' ''' ',"i" ~
| make out very uiS'ln'uE N"a' No'
| gong on ne rei''il'p'Ic" '"''' 9.li'
! one helped MN 10 ms ie't u''i 'pI"
! him 10 run or ne Noulu get Nllc", iiI
| ran down Ihe r"I'r""u udvN ','u @ WV
not see anything ti''t ""ple"'" "i''i
| that
J"hn falIagher' l"'nrr ol Ihe pIS .I -
t"!d that ne was away from none '''lt
day on a nShihE '%Peu,'.o"' i,en ne ne
returned 'he next Gay ms sol. '"STi,t.
was lying on th' sol" WIN wv" plE
| Jumps on ms head ana Was a'''"S
| queer
EYE WITNESSES OF AFFAIR.
,,,.ao ,,,,o,,or+ ,,.i,,ossos for tho
aord,,so ", ., oro NTrs ,T,r,, sweane,, and
,,,,5.I Iii,, n,,S ,n,,ia ,rba,.
aen ,i,a nf,ai,. fra,,, th., narah os tLoi
fa,,., I''w ~, oi'ns h,, rba,, saw, old man
~IouSv' ~ ~, l,,1,.,,,1. raa caIIa
| C"'''i "'',' NJ C..,..
Gmar ana tora saw mos, t'E bic [othnr ot GIIIa
lILi"N ''T,'yS i'',' '',o 49, I'i',.
sStm,,,,,, S',, .,,at souod ,,,a ord man but ~,
,o,'o,,,harod o,u,m ,,,, Iay,ro eooo yonnc Nn,nn
fail down after throwing stone as
if he swung himself off his feet by the
force OF the throw
MIchael ana b"'lI'I '"tEl"s' VINO
claimed to be eye witnesses of the
Closing scenes ol the '"hIilcI' "'s''lieu
similarly TO the sweeney s.
| n