The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-02-08

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| the constitution, but he would reiterate
| that he would not sustain a conviction
| Tor bribery based on the giving of q
! pass to an official. The constitution OF
| New York state, the judge further re-
marked, contains IL provision making
| it an offense for n railway to give q
pass to any public official, yet the Leg
| islature of that very same state passes
II law making 1t quite as grave an Of
fense for u railroad company to refuse
| to furnish free transportation to the
| board of railway commissioners and
all subordinate officers Of the board.
IN LINE WITH RULING.
This ruling is in line with Judge
Gunster's finding in the equity case in
| which he annuled the original fran
chise ordinance. He hestated to say
that the giving of passes was bribery
| but to his mind, it tainted the ordin-
| ance with fraud. When the passes were
| returned and the ordinance re-enacted
by the same councilmen, the annulling
injunction was modified to such an
extent as to make the construction and
operation Of the road possible.
Thomas Munroe, the third of the
| councilmen changed with sharing in
the $500, next took the stand, and, as
emphatically as the others, denied ever
having received any money from p. W..
Gallagher, other than $40 for witness
fees, which he and the others had
demanded. He never received any
valuable consideration and never de-
1al So, +,,,s~ FA,, =, It,,
ance.
On cross ss-eXamination, in explain
ing the occasion of the Sunday morn
ing visit to the company's office, the
witness said he and the other council
men who made the visit We're appoint
ed a committee to see the company Of
ficials and endeavor to obtain certain
concessions in return for the franchise
for which the company was asking.
These concessions were the building of a
retaining wall at Babylon; the building
of q wall in front of the property of
the Rees estate, and a. guaranty that
the roadway would be kept in repair
for q period of three years.
He denied absolutely that there was
even suggestion of money for his
vote coming either from him to the
matter of the company paying his cleo
tion expenses was never broached.
In relation to the meeting in Attor-
ney Bonner's Office, the witness said
that it was intended that Mr.. Bonner
should become borough solicitor, and
several of the counclmen We're there
consulting him. Mr.. Sillman was there
but how he came to be there the wit
hn t,,,
was held on the day the councilmen
received their certificates of election.
MI Silliman did not speak about the
ordinance at that time or any other
time.
KILCOYNE CALLED.
Thomas Kilcoyne, who was president
of the council, was called to show that
the borough had had no street rail-
way facilities. that it was a large and
growing municipality, and that its in
habitants We're demanding of councils
that it grant franchise for a road
through the borough, all of which was
for the purpose of rebutting the pre-
sumption to be drawn from p. w. Gal
lagher's testimony that there was such
opposition to a franchise the council
men had to be bribed to grant one. The
evidence was objected to as being
immaterial and Judge Wheaton sus-
tanned the objection.
Major Warren then offered a copy Of
the Sunday Free Press, of October 13,
1901, which contained an article bitterly
assailing General Manager Silliman,
which article Mr.. Gallagher had ad-
mitted was written by him. Major
Warren also offered u letter written
10 him by Mr.. Gallagher, August 10,
1899, in which the writer declares he
will make his absence from the COM
pany's service as costly as if it was
still paying him a salary. The letter
redas as follows:
Scranton, Pa Aug. 10, 1899.
Everett Warren, esd, Magnolia, Mass:
My Dear Maior:-l am grareful for the expires.
sion of good will and regret that / have formed
other associations, or rather that it was neces-
saly | had To form them. 1t will be pretty
hard Shedding for some little time, but hope in
the course OF few months TO be making equally
as much money Mr.. Siman was paying me-
Or course, anticipate that a considerable por-
tion of my income will come from the Scranton
Railway company, and expect to earn some of it
in the September term, have no fight with
you but | would not be human if l did not bend
every effort to make my absence ~ expensive as
possibly can. This ! will do, using all means
at my disposal | trust that you will be much
benefited by your vacation, l expect in few
days 10 be in rooms and TO- Coal Exchange,
Very sincerely,
r,W. Gallagher
The paper and the letter We're ad-
mitted and given to the jury.
ONE CONTENTION.
one of the contentious of the defense
Is that the prosecutor, William Repp,
who was one of company defeated in
an effort TO secure rights for a railway
in Old Forge, is prompted in this
prosecution by design to affect the
proceedings for the annulment of the
Old Forge franchise now pending before
Judge Edwards.
In support of this contention, Major
Warren offered in evidence a record
of the proceedings in the case of
Charles j. Keogh, William Repp and
others against the Scranton and Pitts
ton Railway company in which the
franchise ordinance is attacked, and an
offer to show that Mr.. Repp and others
sought to secure rights for a railway
in Old Forge under the title of the
Taylor and Old Forge Railway COM
pany; that they brought quo warranto
proceedings to prevent Colonel Watres'
Lackawanna Street Railway company
from securing the rights for railway
Old Forge and that Mr. Repp |
was one of the two abutting property
holders, who by am injunction prevent |
ed the Scranton and Pittston Railway
from going through Old Forge |
when 1t was a township.
This was all for the purpose of show |