The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-02-07
COURTS POSITION.

COURTS POSITION
AS viewed by the lawyers the SUI
| preme court does not want to make n
hard and fast rule that this testimony
should be completely ignored, as there
may come a time. in some particular
case, where it will be expedient to have
such testimony accepted.
! Realizing that the motion for binding
| Instructions on this ground would come,
the attorneys for the defense made des-
| pcrate efforts all day long to produce
/ some testimony that would. at least,
! Squnt at n corroboration of Mr.. Gall
| laSher's testimony, but the offers. one
! after another We're ruled out as incom-
! petent. because of the inability to con-
meet the defendant directly or indirectly
| with the transaction
Finally. the defense rested with only
| Mr.. Gallaeher's evidence to rely upon
| for q conviction. and the motion for
! binding instructions was made by Mr.
| O'Brien. He argued to the court that
Gallagher was Il sef-confessed accom-
! plice and that his testimony was I'M
corroborated. which being the case
| there could be no conviction. as the
Supreme court practically says that the
J judge must finally refuse to allow con-
| viction on such testimony. He quoted
| from tex, book writer's who declared
| that the court should not submit the
case to the jury unless satisfied that
| there was some confederation Of the
testimony of the accornplice that "a
| verdict of guilty on such testimony
should be set aside by the court" and
that such testimony twill not sustain
a conviction
Mr.. Comegys, for the prosecution,
argued that there was no inhexible rule
to prevent conviction, and that the
case should so to the jury.
WILL RULE THIS MORNING.
Judge Wheaton said he was inclined
| to accept Mr.. Comegys' contention. but
would not rule definitely on the matter
until the morning. In the meantime he
directed the defense to open its case,
| but when 1t was seen that the opening
address could not be concluded before
| O'Clock, when the adjournment was
to be made, it was decided to let the
opening go over until this morning.
| The first witness called yesterday by
| the commonwealth was BARLEY Judge,
| clerk of the borough council He
showed by the minutes that Antonio
Riancardi, William Munroe, Thomas
| Stephens, Patrick Gallagher and
! Thomas kilcoyne. the four councilmen.
| alleged to have been brbed had voted
for the first and second ordinances and
to carry the second ordinance over the
burgess veto.
Chief Clerk Landers, of the Scranton
! Railway company, was called next He
! had been subpoenaed to appear and
! produce certain books and papers of
| the company with him. He came but
he did not bring any books or papers
| with him. The counsel for the defense
showed that the custody of these ar
! tcles was not in Mr.. Sanders but in
Mr.. Silliman, and the latter could not
be forced to produce them, because no
defendant is required to give any evil
dence that would tend to incriminate
him. The desired books and papers
could be secured by summoning the
president of the company, but the COM
| monwealth did not see fit TO do this.
MIR. GALLAGHER SWORN.
p. w. Gallagher was then put on
the stand. His testimony was sub
stantially as given at the equity trial
and outlined in yesterdays Tribune.
He told that the ordinance failed to
pass when ii first came up and he was
commissioned by AIr. Sllliman to find
the trouble and remedy 1t. He drove to
Old Forge and arranged With stephens
for II meeting with the councilmen.
Stephens. Munroe and Gallagher came
up to Scranton and saw the witness at
the company's Offices They negotiated
about the Dripa of their votes and n
WAS finally agreed that Munroe was TO
receive $500 ana the others $50 apiece.
When the ordinance passed Alunroe
got $500 and Gallagher and Stephens
$3.50, each, or $500 in all. Kilcoyne did
not get any money at this time. The
money he is alleged TO have received
WAS $50 paid to him by the witness for
services performed, some time before
the ordinance was introduced. Mr.,
Gallagher admitted that this $50 was
not given to influence Mr. Kilcoyne's
vote but paid TO him for actual work
performed The nature of the work,
Mr. Gallagher could not recall
When the ordinance came up again,
after its defeat the witness says he
told Mr., Slliman it would be necessary
10 use some money TO secure its pass
age. Mr. Silliman, it Is alleged, left
note for the witness, saying: I'VE will
see four centuries pass before we win
relinquish our efforts" The witness on
next seeingsM MIR. Silliman asked him il
that meant that the company would go
so far as. to pay S400 II vote, and Mr..
Sillinan made an affirmative reply. Mr.,
Gallagher told him that $500 would be
sufficient. He prepared a voucher for