The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1899-03-08
MCCARTHY
CONVICTED !
The Matricide Found Guilty Of Voluntary
ManSlaughter.
NO MOTION FOR A NEW TRIAL
Tno Court, District Attorney and Prisoner s
Counsel Express Satisfaction with
the verdict--The Jury Was
Sent out Second Time
Sentence is Deferred.

Pottsville, Mar. s. $3.50 p. m.-.The jury in
the Mccarthy case came into court at 215
o'clock and presented a verdict Of Guilty OF
manslaughter" This verdict Judge Marr re.
fused to accept and the jury again retired
The jury soon returned with verdict Of
Guilty of voluntary manslaughter"
Judge Mari, District Attorney Bechtel and
Messrs Swank and Dolphin, counsel for the
prisoner, expressed themselves satisfied with
this verdict and tho jury was discharged
The prisoners counsel are so well satisfied
with the result that no motion for new
trial will be made.
No date has been fixed for sentence The
maximum penalty for voluntary man.
slaughter is 12 years imprisonment and 81, 900
iue; and the court may, at its discretion, re-
quire the defendant to give bond for good
behavior during life
1t is stated that the jury was divided as to
second degree and voluntary mauslaughter
during most of the time it was out.
Pottsville, March S.-The first witness
called after the prisoner left the stand yes
terday afternoon in the Mccarthy matricide
case was Edward Fogarty. He said in reply
| to questions 1 saw the defendant in Maba.
noy City the day Of the shooting. He an.
peared to be very drunk and was staggering
about
Cross-examination 1t was between and
4 o'clock that l saw him
Richard Brown sworn. / live at Shoe.
makers patch about quarter of mile from
Mpf rfbvfe hnugo.
the house the day of the shooting and heard
one shot; it was fired by Dennis outside the
house. got there after the Reese boys
Dennis was on the road dressed in his under
| clothes. There was blood on his face. Mrs
McCarthy's body was lying near the house.
Her dress was unbuttoned at the breast and
1 saw the bullet mark
There was no cross. examination
Jennie Mccarthy was recalled and said her
mother was not in the habit of wearing a
breast pin such as the one, a portion of which
IS embedded in the bullet. Her mother
wore safety pins, however, on that part of her
dress.
Mr., Bechtel objected to question relating
To the witness idea of how the portion of
the breast pin came 20 be EMBEDDED in the
bullet and court ruled against the question
Other witnesses not being on hand, Mr.
Swank read ten legal points which he sub
mitted to the court for approval. asking that
the Judge instruct the jury accordingly. The
approval of all these points would insure the
acquittal of the defendant
The District Attorney Objected to the
principal points but agreed with the most of
them. He admitted that there could be no
conviction of involuntary mansaughter.
Here the defense closed their side of the
case and it was agreed to proceed with the
speeches.
Robert P. Swank then addressed the iurv
lie said the services Of the counsel for the
ueIense were given without compensation
and their only object is that justice shall he
done. The person being tried here for mur.
uer ala not try to escape. The first news of
MS mothers death came from him; he
pointed out the instrument of death. Where
from any view of this case has the Com
monwealth showed a motive? He. as one of
his sisters said, prevented his mother from
going out OF the house on stormy DAYS al. |
ways bringing the coal and water and wood
There was the best of feeling between them
The defendant was in an irresponsible CON |
dltion and he in this state thought he oupbt |
to take the revolver from his mother. There |
Is no testimony to show any malice or any
telonious intent. The District Attorney has
already admitted there can be no conviction |
OF involuntary mansiaughter, and if Won
don I believe he did the shooting wilfully |
you must acquit. l believe the whole thing
was unfortunate and accidental.
MIR. Swank spoke about ~ minutes and
made an eloquent address,
John F. Dolphin followed also for the de.
tense. lie detailed the actions of the de-
iendant on the fateful Sunday, declaring that
he was not on that occasion the sound sane
man declared by Blackstone to be capable of
murder Down from the time that Justiuian
In the Church Of st. Sophia at Constantinople
began defining law the definition of the
crime of murder has been the same. There
must be malice, expressed OF implied. and
there was none shown here.
Mr.. Bechtel objected to the manner of the
speech and short exchange of commitments
ensued, while Mr.. Dolphin described the in.
iane state of mind in which his brother
found Dennis at Mahanoy City. That's an
awful state to be in, said Mr.. Dolphin. We /
are all prone to evil. If our Saviour Himself
prayed Lead us not into temptation, and !
ieliver us from evil;' if such as He prayed
n this way, what must we think of moor
Dennis Mccarthy struggling as he was.
All the way home Dennis picked up stones 10
nAoW AT Imaginary enemies coming to kill i
lin. At home the poor deluded fellow said
o his mother while he was on the stairway
,olng to bed, MAN, l said nothing TO Won.
lid l f' She said No" Then ne said TO
her, God bless you" The revolver was in
lis mothers room and she was yet thinking
II her son when she went into the room.
'bedient to mOtherly instinct, to hide the
revolver so that he could not get it, should
,he Constable come to arrest him. Dennis
leard her and, jumping up, began struggling
or the revolver, When the doctor was on
he stand he said any one with such wound
would not drop at once, but might walk three
n four steps before falling, and that cor.
esponds with Dennis story. He followed.
md seeing her body, went into despair AT
osing the best friend he had" and tried 10
hoOt himself. The evidence shows
hat the kindliest relations existed
between the mother and son. No
natter what the verdict may be it will
rot bring this woman back to life, nor will it
emove the stain from the mind of the son.
The picture will always remain on his mem
'ry. He looksas If he would rather run
IWaV than f0ht Tbara iq No ,,,1t,. 4. -. ,