The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-04-23

jury in the gambling cases against ii.
c. Pease brought in a verdict of guilty.
They were out six hours before finally
deciding to do so. AS one of the jurors
put it, they were very much impressed
with Mr.. Scragg's contention that the
commonwealth was asking the jury 10
guess man into Jail but Judge
SwartZ clearly pointed out that weak
as was the case of the prosecution,
| there was one small thread on which
they could hang a verdict of guilty. and
they did it, The jurors outside knowl-
edge of the case figured extensively in
| the finding of the verdict
Peasc was not sentenced. Messrs.
Scragg and O'Brien, his attorneys,
| moved for an arrest or judgment, that
they might have an opportunity of FL
| ing reasons for a new trial, and later
| in the day these reasons were filed.
| Error is alleged on the part of the
court in permitting the case to go to
| the jury, and on the part of the prose-
cutting attorney in commenting in an
| alleged irregular manner on the fail
ure of the defense to offer testimony.
Twelve years was the sentence i'm
| posed by Judge Archibald on Thomas
| l4uddOn, the Watchman at Jermyn &
| Co.'S breaker at Old Forge, who killed
| Officer Patrick Rafferty, and seriously
wounded officer Thomas McKenna.
| The judge said he understood a major
| ity of the jury favored a verdict Of
! first degree murder i'm the earlier bal
| lots, but he was satisfied with the Sec
| ond degree verdict, which was finally
| agreed upon. Had Luddon's mind not
| been so beclouded with drink, the judge
said, he would. without question, have
| been guilty of murder in the first de-
| gree. 1t was the only eXtenuatng cir
cumstance in the case, the court said.
FELONIOUS WOUNDING.
After the imposing of this sentence,
Luddons counsel. Hon. John p. Quin-
nan and John j. Murphy, had their
client enter plea of guilty in the case
in which he was charged with feoni
ously wounding Police officer McKen
na. Judge Archibald imposed a SEN
tence of three years for this offense
but directed that it should run concur
rently with the other. Thus, Luddon
can pay the penalty of both crimes in
nine years, providing he behaves well
in the pententiary.
Jean Guilhot and Francois Merlier,
/
Officers Henry L. Snyder and Patrick
Kays of Dunmore, were given five
years each in the penitentiary, by
Judge Archibald. The jury's recon-.
mendation of mercy, he said, he woulo
not observe. These men, he main.
! tanned, were abroad on that night witt
an evil purpose, as was evidenced by
their having in their possession large
| bomb and revolver. 1t is significant
the court remarked in this connection
that the first telegram received from
Montreal after these men were caught
| inquired if two men We're wanted here
for attempting to blow up a coal oper.
| ator's house. The defendants story OF
the bomb having been prepared fol-
| Fourth of July purposes was absurd
the court again maintained.
The first sentence Judge Kelly was
| called upon to impose was on Michael
McDOnough, who was convicted of rob.
bing Charles J. Kiesel. jr., of his pay In
a South Side saloon, last January. At
| torney D, j. Reedy, counsel for Nc
Donough, presented a petition signed
by every member of the jury that con.
victed him. asking for leniency. Judge
Kelly reviewed the evidence in the cast
and after remarking that the jury wa.
amply justified in finding a verdict OF
guilty, said: 1--WE cannot view thi,
matter lightly. You stole this man:
pay from his pocket. l am afraid
will make a mistake, If at ALL in deal,
ing leniently with you" Then he sen.
fenced McDonough to pay a fine of s2
and spend three months in the county
Jail.
John c. Ollendyke, of Montdale, wa.
sentenced to pay fine Of $40 and costs
for assaulting Byron Simrell, and was
given three months in the county jai
and fine of $40 on the charge of sell.
ing liquor to minors, preferred by viii,
lam Hunt.
William Jones, convicted Of assault
ing David II. Evans, was sentenced by