The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-10-13
TERRY MURDER CASE.
Plea of Voluntary Manslaughter Ac-
cepted-Other Court News.


cepted-other Court News.
Special to the Scranton Tribune
Tunkhannock, Oct. 12.--The trial OF
James Terry for the killing of his
brother came to an abrupt conclusion
yesterday. The last witness called last
evening was the stenographer who
took the ante-mortem statement Of
D. Terry at the Nilkes-Barrc hospi-
tai. The defense objected to the ad-
mission of the statement. but their OBJ
lection was overruled. and the state
ment read. 1t contained no new mat
ter. being substantially what the wit
ness Of the stabbing testified to,
namely, that the two men were quar-
reling, that fight resulted from the
quarrel, and that during the scrim-
mage. while both men were on the
ground, the stabbing was done. On
coming into court a proposition was
made by the defense that they would
withdraw their plea of not guilty and
substitute one of guilty of voluntary
manslaughter, and after some discus
sion between the district attorney and
the court this plea was accepted, ana
the jury discharged. Sentence was
suspended for the present, and the
prisoner taken back to Jail. The high
est punishment that can be inflicted
under this aspect of the case Is fine
Of not more than $1,000 and imprison-
ment not exceeding twelve years.
The case of commonwealth VS.. How
ard Moss. charge f. and b.. was called
this morning after the disposition of
the Terry case. District Attorney Kim
ner appearing for the commonwealth
and Attorneys Henry Harding and Asa
s. Keele for the defense. The defense
offered no testimony and submitted
the case without argument, and the
Jury returned verdict Of guilty.
Sentence was suspended until Monday
morning.
In the case of commonwealth VS..
Lloyd Newell, charged with assaulting
an Arabian peddler near Noxen. In
which defendant had pleaded guilty,
the defendant was called for sentence.
Several witnesses were called in order
to fix the degree of sentence, and the
defendant went on the stand to tell
his story. He is very young boy.
and was evidently frightened, as he
broke down completely and could not
his crying. After hearing the testi-
mony, the court, in consideration Of
the defendants youth, suspended sem
tetnce indefinitely or during good be-
havior.
Commonwealth VS.. s. F. Smith,
charge, selling liquor to minors and
selling liquor on Sunday, grand jury
finds a true bill.
Commonwealth VS.. Mrs. S. +. Smith.
charged with the same offenses, grand
jury returned the bill ignored.
The case of commonwealth VS.. Ella
Harding, charged with committing an
assault and battery on Station Agent
Miller of the I4ehigh Valley station at
Vosburg, was called this afternoon
and a jury drawn. On account of the
absence of DR.. Butler, Of Wilkes
Barre. very important witness in
the case, a continuance was had un-
til Friday morning.
The two commonwealth cases
against S. F. Smith were continued to
next term.
There being but one other case open
on the list for trial at this term. the
case of commonwealth VS.. Newcomb.
charge, false pretense. jury was
drawn in that case and the balance of
the jurymen We're discharged from
further attendance at court during this
term.