The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-04-12

To make possible a verdict of murder
in the first degree it is necessary 10
show malice and intent. In the Lud-
don case every other element essential
to this crime stands prominently forth,
but in these two particulars the case
on the side of the commonwealth Is
not so strong.
There is no evidence that Luddon
had any i'll will against Rafferty, or Nc
Kenna, and four witnesses, including
McKenna, swear positively that when
the two officers entered the door OF
the engine room, they announced their
names in response to a query from
Luddon as TO who was there. The
room was pitch dark, and not word
was spoken from the time the officers
entered the door until the shots We're
fired, though they walked a distance
of twenty-five feet or so before Lud-
don shot.
The defense, it is understood. will try
to show that Luddon supposed Rafferty,
ana McKcnna to be Joe Rogers and
some other one of his enemies, who
had been bounding him and melting
the populace against him and, who
now, We're heading a mob to pounce
upon him, relieve him of his prisoners
and kill him. The prosecution IL try.
ing to make it appear that Luddor
was bent on murder; that he was
particularly anxious to make Foreman
Powell one of his victims; that ht
blew the breaker whistle to bring
Powell to the scene, and was expect
ing Powell at the time Rafferty, ano
McKenna appeared.
MURDER IN HIS HEART.
This would demonstrate that Lud
don had murder in his heart, and as
the law is that if a man with intent
to kill one person, kills some other, ht
is just as guilty as if he killed the
person intended. the commonwealth Is
laying particular stress upon tbs
threats made by Luddon against Pow
ell and his action in blowing the break
er whistle 70 call the foreman, while
he was welding two revolvers, and II
other ways conducting himself as if III
was recklessly bent on shedding hu
man blood.
A crucial point, therefore. was reach
ed yesterday morning, when Foreman
! Powell was called to the stand to re
/ late his experiences with Luddon il
/ the afternoon and early evening of TIL
! sunday on which the shooting oc
| Cured
The defense vigorously protestc,
| against the admission of his tcsti
Inony on the ground that threats mad
against Powell had no bearing on tn
| killing of Rafferty,. The common
Al l,., &c
| theory as given above and after con
sultation with Judge Edwards, Judg
! Archibald decided to admit the testl
| mony.
Mr.. Powell then went on the stan
and told of having discharged Lud
/ don for his misconduct: of meetin
him in the afternoon and having a
encounter with him, during whio
| LuddOn, after having drawn a revol
Yer, was knocked down and rendere
unconscious by falling against a raj
and how he had made threats to bloN
the witness heart out and again to XII
him and I'D. Jermyn.
TO SUMMON FOREMAN.
The witness also explained that tw
blasts of the breaker whistle was tn
signal for the foreman to the engin
room. There was no significance {
| three blasts, the witness maintainei
although other witnesses claim thre
blasts is o general call for help o
| such occasions as a big accident @
something of that sort. Luddon, h
said, was very drunk. He denied a
knowledge of Luddcn having bee
hung in efIigy during the strike.
Thomas z. Davis, the next witness
told of the incidents witnessed by tn
gang of carpenters and machinist
who We're working on the new cage a
the head of the shaft, of which he wa
one.
Luddon, with Tony Comminigan i
tow, came along and called the men t
come down. They did not heed him a
first, but when he flourished two re
volvers, his own and the one he too
from COmminigan, and threatened t
fetch them down." they came down.
Luddon said to Davis: do you Sc
this - -? Do you know wha
he did TO me?"
mo, what did he do?" asked Davis
why. he pulled a revolver on m,
I'm going to shoot the -"
Il wouldn't do that" the witnes
said.
do you know him, Tom?" aske
LuddOn.
Yes, he works for Jermyn," the wit
ness replied.
Then Luddon marched away wit
Comminigan and took him to the er
gine house. Matt Barber. Commin
gan's brother-in-aw, and Fireman Joh
Murraine, alarmed for Comminigan
safety, went to the engine room. Lut
don put them under arrest too.
The witness and John Curney wer