The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-06-06

IS The PLEA
CosGRovE WILL 60 ON THE
STAND TODAY.
A Night Session Of Court Was Held
Last Night, Which Enabled the
Jury to Get Practically All Of the
Evidence in the Case, with the
Exception Of That Of the Defend
d. ant-Stories Told by the Men
with Cosgrove on Dec. 8 Last.

with oo|ssrove on Dec 9 Last
Efforts will be made to get all of the
evidence in the Cosgrove case to the
jury today, and IL is possible the ar.
guments will also be made. Judge
Lynch rushed matters yesterday, and
with the assistance of a night ses.
sion, the greater part of the evidence
that will be offered in the case was in
when court adjourned at $40 last night
to meet at o'clock this morning. The
feature of today's session will be the
testimony of the defendant, Cosgrove
who will tell the jury about the hap
penings of Dec. ., from his point of
view. The defense is confident of an
acquittal on the ground Of self-de-
fense.
MAGHRAN'S STORY.
When court opened yesterday morn
ing, David Holvey again went on the
stand for further cross examination.
He declared that when he saw Cos
grove point his revolver at McAuliffe
and shoot. the revolver was aimed
about at McAuliffes breast.
David Williams, another eyewitness
to the shooting, testified that when
McAuliffe was about twenty-five feet
from Cosgrove he saw the latter take
aim and fire and wound McAuliffe.
William Maghran said he was at the
bar, shaking dice with John Dacey and
John McDonough, when Kofczneski
tapped him on the shoulder and said
he had a warrant for him. He de-
clined to go with Kofczneski, as his
name was not John Doe, the one given
in the warrant, and tofczneski tried
to pull him out through the door. His
coat caught in the latch and Kofczne-
skis hands slipped from their hold on
his coat and the momentum this gave
the officer caused him to go backward
off the porch. He noticed that Nc
Auliffe was on the ground walking
away and then heard shot. followed
shot.
John Dacey, John McDonough and
Thomas Prosser testified that they saw
the shooting and that McAuliffe was
some distance away from Cosgrove,
the distance varying from twenty to
thirty feet. when he was struck by the
ball from Cosgrove's revolver.
Alderman John T. Howe was called
to prove that he went to the Lacka-
wanna hospital on Dec. IA to take Nc
Auliffe's dying declaration with refer
ence to the shooting. This declaration
he reduced to writing. Its admission
was objected on the ground that the
evidence of the physicians called by
the commonwealth showed that from
the time of the operation until his
death McAuliffe's mind was wandering
and sinking. This question was argued
at some length, Attorneys O'Brien and
Warren for the defense insisting that
the commonwealth should show that
McAulffe was in sound mind at the
time and conscious of the fact that
he was going to die. Judge Lynch de-
cided to admit the evidence.
HIS DYING STATEMENT.
Alderman Howe then said that on
Lackawanna hospital with Captain of
pital they met John McAuliffe, the
brother of the deceased. The witness
reduced McAuliffe's statement to writ
ing and then read it to him and had
him sign it. The statement set forth
that on Dec. 9 he was shot by S. r.
Cosgrove outside of Moran's saloon.
He had no part in the scuffle and went
outside with the others in the place to
see what was going on. AS soon as
they We're outside the three officers be-
gan to shoot and ball from Co.'S
groves revolver struck him.
John McAulitfe, brother of Daniel Me-
Auliffe, testified to the death of Daniel
in the Lackawanna hospital on Dec.
IS, 1901. With the testimony the COM
monwealth rested.
Major Warren opened the case for the
defense. He said that Sylvester F.
Cosgrove had been for years engaged
in upholding the law and not in tear
ing it down. They would produce tes-
timony from reputable men in every
walk Of life who would testify to his
good and law abiding character. For
months before the shooting they would
show that McAuliffe had followed no
regular occupation, had drank heavily
and a week before the shooting he was
placed under bail for IA depreciation
committed on the property of the
Scranton Railway company. whose
employees were then on strike. He said
Cosgrove and his two companions We're
surrounded by a hostile mob outside of
Moran's hotel that day and fired in
They were there for an
honest purpose. to uphold the law and
with no malice toward Daniel McAu-
life whom they did not know. When
the defense showed this condition they
would ask for an acquittal.
KINsLEY ON THE STAND.
Frank Kinsley. who is also under in
dictment for this murder. was the first
witness for the defense and lives on
Ninth street. He came here from Man.
chester, NJ H., on Oct. 20 last. He be-
gan to work for the Scranton Railway
Oct. 20 and was in that COM
pany's employ as a motorman on Dec.
9 last his run being from the central
city to the end of Luzerne street. On
Dec. he met Kofczenski at the office
of the Scranton Railway company.
About an hour before that he saw Will
liam Maghran at Luzerne and Seven
teenth streets and recognized him as
a man who had attacked his car the
night before. Kofczenski had war
rant for Maghran, whose name was
not then known, and asked witness to
go with him to identify Maghran. Co.'S
grove also went along. About 1890 they
reached Moran's saloon in search Of
their man. They went i'm and he point
ed out Maghran as the person wanted
They went toward the end of the bar
where Maghran was standing and
Kofczenski asked Maghran to step out
side. The latter said: Your a d.
scab and ! won't so with YOU" Kof-
czenski replied that he was not a scab
but an officer in the discharge of his