The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-12-14

The trial of Mrs. Bridget Dempsey,
Mrs. Annie Gallagher, her daughter,
and Thomas and Joseph Gallagher. her
grandsons, for the killing Of James
Quinn, sr., in Carbondale township,
Sunday, Aug. 13 last, is now under
way before Judge Cyrus Gordon, of
Clearfeld county, specially presiding
in court room No. 2.
The jury was drawn in the main
court room before Judge Archibald and
after being sworn the jury was sent
in to No. g The jurors are:
n. G. Love, postmaster Greenfield.
John PittinEcr, labcler, Dalton.
William j. Robbins, company hand Tay-
lor.
George w. Hess, merchant. Scranton.
w. W. DimmuCk, farmer, Carbondale.
Chester Vail, farmer, Scott.
Il. Ellsworth Davis, insurance agent,
Scranton.
John Douglass, miner, Scranton.
John LanECn, farmer, CoVirgton.
John T.. Moran, engineer, Scranton.
Felix McNccley, brakeman, Dunmore.
William ScGnlon laborcr, Scranton.
WORKED FOR DIMMOCK.
1t was $50 o'clock when the work
of selecting the jury was completed.
A long delay was caused by the COM
monwcalth calling Juror Dimmock for
further examination after he had been
accepted and sent into the box. One
of the defendants, Thomas Gallagher,
worked under Mr.. Dimmock in 1895 us
switchman on the gravity, and the
prosecution thought it best to suhsti-
tute some other juror for him.
OBrien & Kelly, attorneys for the
| defense, objected On the ground that
| the Juror had been accepted, and could
not row be recalled and rejected. The
| attorneys for the prosecution, District
| Attorney Jones. George :. Horn and
| Deputy Attorney General F. w. Fleitz,
| argued that as the jury had not been
sworn any juror was subject to chal-
| lengc.
Judge Archibald allowed the juror
| to be recalled. but overruled the COM
| monwcalth's peremptory challenge,
| saying to Mr.. Jones that when the
| commonwealth accepted the juror it
! waived the right to porcmptory Chal-
| lcnge and could only challenge for
| cause.
Mr. Jones cndeavOrci to have the
witness make some answer that would
subject him to challenge for cause, but
! failing in this, he renewed his per-
| emptory challenge, at the same time
contending that Judge Gunster had
| permitted it under exactly similar cir
| Cumstanccs in the Nolli case.
WOULD BE UNJUST.
Messrs. Ol5rien & Kelly argued tC
show the injustice thai could result
| from such a proceeding. The prose
| cutiOn could accept = Jury trusting
that the defense would challenge him
and if the defense also accepted him
the prosecution could recall him ani
make its challenge. If this sort of cx.
perimenting was permitted the com
monwealth could he very saving of its
peremptory challenges. 1t was further
pointed out that in this instance the
defense had exhausted its peremptorS
challenges and must needs accept any
juror that came to be called, ani
proved to be acceptable to the prosecu
tion.
| Judge Archibald sustained the objec
ton to the peremptory challenge anC
Mr.. Jones accepted the juror and III
resumed his seat in the box.
Judge Archibald said that hereafter
when he is trying an ever and ter
miner case the jurors will be sworI
separately as they are accepted anJ
sent to the box.
| There was a general exodus from tht
| main court room to No. when tn
case was transferred to Judge Cor
Gons count. The four defendants, ac
cOmpanied by Mrs. Gallaghers hus
band, walked in a group behind thei
attorneys, and took seats in row be
hind the defendants table. Cornelius
j. Quinn, the young son Of the de
ceased, appeared as prosecutor.
THE DEFENDANTS.
The oldest of the defendants, Mrs
Paul Dempsey, is % years of age, bu
appears to be wiry active woman
She is tall and spare and of yer,
swarthy complexion. Her daughte
resembles her in general appearance
but kept her face veilcd during al
the time she was in public. The tw
Gallagher boys are heavy built, robus
looking fellows, with faces that be
tray no indication Of anything viciou
, in their nature. They were neatl
attircd and on the whole presented n
, | appearance that must have made
good impression on the jury.
! Assistant District Attorney w. Gay
, lord Thomas, who was given direction
of the case by Mr.. Jones, opened 70