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

to Cosgrove: you were down at the
fight last night and got hit and you
came back for some more, did you"
His description of the man who said
this tallles with the description Of Me-
Auliffe and the clothes he wore on Dec.
Q. About this time witness saw Magh-
ran pass something behind his back to
Dunleavy which he believed at the time
was dark metal revolver.
WAS AFTER HIM.
When Kofczenski went through the
door witness was after him. Cosgrove
was outside at this time. Witness was
struck and just then he heard FIVE
shots fired in the barroom. When he
got outside the crowd was pounding
Kofczenski and Cosgrove was down
from the porch with revolver in his
hand and said: Leave that man
alone; he is an officer Of the law"
Witness went to Kofczenski's assist
ance and pulled Dunleavy away from
him. As he did 20 John O'Rourke be-
gan to strike him over the head with
his cane. He tried to warn the men off
and then drew his revolver. He fired
in the ground and then seeing Dun
leavy with O'Rourke's cane raised to
strike him over the head he raised his
revolver and the bullet struck Dun
leavy in the wrist.
Kinsley said he went toward the
middle of the road and seeing man,
who he believed was McAuliffe, point
ing a revolver at Cosgrove, he called
to the latter to look out for himself
Stones and clubs were being thrown at
the three of them as they retreated up
the street, the members of the crowd
yelling: Don't let them get away"
xiii them" etc. McAuliffe threw
club at Cosgrove, and then Cosgrove
fired. That was the end of the disturb
ance. The club thrown at Cosgrove by
McAuliffe was the one which Mrs.
Moran took from behind the bar when
the row began. While they were back
ing up toward Fifteenth street. Nc
Auliffe's hat was knocked off by a
stone. Witness fired five shots during
the melee. He did see Miss Dacey as
they got on the<car and was sure that
Cosgrove did not make the remark
which she attributed to him. Before
December 9 he had trouble with
Maghran and McAuliffe, but the others
were all strangers to him.
On cross-examination he said he car
ried revolver for self-protection dur
ing the strike, although he was not an
officer. When they entered Moran's
place he would say that forty or fifty
persons were in the barroom.
KOFCZENSKTS VERSION.
Frank Kofczenski was next sworn.
He, too, is under indictment for the
murder. He said he has lived in this
city about nineteen years. On Decem-
ber Q, last, he held a commission as an
additional patrolman of this city. He
was appointed May 8. 1901, by the then
director of public safety. F. l.. Hitch
cock. On December 9, Alderman Millar
placed a warrant in his hands. He went
to the Scranton Railway company's
Office, where he met Kinsley and Cos
grove and they went with him to
Moran's place, where Kinsley pointed
to Maghran as the man they wanted.
He went up to him and asked him to
step outside. as he had some business
with him. Maghran laughed, and Nc
Auliffe, who stood close to them, called
them scabs, and turning to Cosgrove
said to him that he got it last night
get it. Maghran would not go with
him, and he read the warrant. When
he got to the name John Doe they all
began to laugh at him and say, That's
not his name" and Maghran spoke in
very insulting way to him. and Nc
Auliffe grabbed him by the throat.
Cosgrove shouted to let him alone, that
he was an officer.
Witness then started for the door and
some one shouted. "Close the door. Do
not let him out!" About that time some
one tried to reach him with mine drill
to strike him, but did not succeed. He
forced his way out of the room and
when he got to the porch tried to run
away, but the crowd would not let him.
During all this time he had not laid
hand on Maghran. When he began to
be hard pressed outside of the saloon
he looked around to see why his friends
were not helping him and saw that
they We're having their own trouble.
While they were inside, Maghran passed
something to Dunlavey which ne
thought was a revolver. Immediately
after, Dunlavey hit him in the face.
The first shot he heard fired was when
he was jumping off the porch. 1t was
fired by John Dunlavey.
WAS STRIKING COSGROVE.
He first saw McAuliffe hitting Co.'S
grove over the head with club, after
he got outside. They We're on the side
walk. The club was the one taken from
behind Moran's bar by Mrs. Moran. At
this time there was crowd of twenty
five or thirty around them, beating
them with clubs. stones. etc, and yell
ing: xiii the blaclslegs!" xiii the
scabs!" Don't let them get away!"
Dunlavey and O'Rourke, e,who had been
beating him, turned on Kinsley when
he came to his assistance. and O'Rourke
broke stick over Kinsley's head. The
witness and his companions finally got
out in the road and backed up until
they got east of Fifteenth street. The
crowd followed them up and threw
stones and they We're using their re-
volvers to keep them back. They fired
at the feet of the crowd to scare them.
He fired either four or five shots. When
they got to the car, finally. his collar
was torn off, his shirt torn. his hat
smashed and his face was scratched
and bruised. He did not hear Cosgrove
say anything about having winged"
one of the men who attacked them.
On REORGANIZATION he said that his
commission as an officer has since been
revoked. AS he was going through the
door of Moran's hotel two shots We're
fired at him by John Dunlavey. He