The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-06-07
FIRST Degree
is WITHDRAWN
WILL NOT BE CONSIDERED IN
cosaRovE CASE.
District Attorney Admits Thet
Crime Does Not Rise to That Dig
nifty - Closing Evidence Was
Heard Yesterday and Also the Ar
guments to the Jury-Judge John
Lynch Will Charge the Jury This
Morning-other Criminal Gases
That Were Up for a Hearing.

murder case and the fate Of the pris-
oner will then rest in the hands of the
jurors. The matter Of first degree was
yesterday taken from the jury by con-
sent Of the district attorney who ad-
mitted that the case did not arise to the
dignity of first degree.
Yesterday was spent in listening to
the closing testimony for the defense
which included the story Of Cosgrove
with reference to the shooting, the evil
dence in rebuttal offered by the COM
monwealth and the closing addresses to
the jury. Attorney Joseph O'Brien
spoke for the defense and Attorney
George Horn for the commonwealth.
DR.. Reed Burns, who amputated Nc
Auliffe's leg in the hospital on Dec. Il
was the first witness put on the stand
after the court opened yesterday morn
ing. He said that McAullffe was in
bad shape mentally and physically and
in his opinion McAuliffe was not in a
state of mind that would enable him to
make an intelligent statement on Dec.
IA when he made his anti-mortem state
ment.
Stephen Dyer, former city patrolman
and now special officer for the Scran-
| ton Railway company, Former County
Detective Thomas Leyshon, Constable
John Davis of the Fourth ward, Con-
stable Timothy Jones of the Fifth ward,
John Lance and William Powell, all
testified that McAuliffe had vicious
and quarrelsome nature and was con-
sidered a dangerous man.
| Attorney George c. Andrews OF
Tarrytown, N. Y, testified that he has
known Cosgrove for a number Of years
and that he bears an excellent reputa-
ton. A. l.. Drummond, Cosgrove's
employer, also told of his good reputa-
ton and quiet, peaceful character.
DEFENDANTS TESTIMONY.
At this point the defendant, Sylvester
Y. Cosgrove was called to the stand
and shown and told in detail the oc-
currences that led up to the shooting
on Dec. Q. His testimony was given in
quiet, straightforward manner that
made a good impression on those who
| heard him. He said that he is twenty
eight years of age and has been de-
| tective for nine years, six of which
| have been spent in the employ of the
Drummond agency. In December last
he was sent to this city by the Drum
| mond people to act as special rail-
| way policeman in the protection of the
property Of the Scranton Railway COM
pany. About noon on Dec. Q. with
Frank Kofczenski and Frank knsley
he went into Moran's hotel on Luzerne
street to assist in placing under ar
| rest man who had injured the prop
erty of the Street Railway company.
| The bar room of the hotel was crowded
| when they entered and kinsley after
glancing at the men present for min
ute or two picked out one of them as
the person against whom the warrant
| was directed.
He suggested to Kinsley that he must
be dead sure" he selected the right
man. kinsley said there was no doubt
about the man he identified and Kof-
czenski walked to the end Of the bar
where Maghran, the man kinsley
identified, was standing. Kofczenski
asked Maghran to step outside but he
refused and the crowd surrounding be-
gan to yell "scabs," "blacklegs," and
other expressions which indicated that
the men in the saloon were in an ugly
frame of mind. He stepped to the
door and walked up and down the
street for a policeman. Seeing none he
returned to the barroom and heard
Kofczenski reading the warrant to
Maghran.
CALLING VILE NAMES.
Those in the crowd were shout
ing, calling vile names and push
ing toward them. The witness deemed
it advisable to keep the door open and
as he threw it open man approached
him who he believes was McAuliffe
and told him to shut the door and mind
his own business. you were down at
the fire last night and got burned, con-
tinued the man, land you have come
back for more and by God you'll get it,"
Cosgrove replied, Don't let us have
any trouble; this man is an officer and
he has a warrant to serve" Then the
crowd closed in and some one struck
Cosgrove in the neck and he fell to-
wards the door. Continuing he said:
IL got to my feet and succeeded in
reaching the sidewalk. BY this time
KofcZenski was showed out the door.
Some one had him by the throat and he
was getting black in the face. His hat
had been smashed and his collar and
necktie torn off. I drew my revolver
and told them to let Kofczenski alone
that he was an officer. Just then Kof-
czensil was showed off the porch and
heard three shots fred by the crowd.
Then the crowd closed In from all
sides. l saw several men hitting Kins-
ley over the head and fired shot into
the ground.
1.-The bottles and stones We're thrown
and we backed up the street, the crowd
crying xiii the scabs!' kill the black
legs!' | fired several more shots into
the ground to keep the crowd back so
that we could escape and finally reach
ed Fifteenth street. The crowd contin-
ued to throw stones but eventually
we reached the car standing near Thir-
teenth street"
HIT MANY TIMES,
Cosgrove said he was hit number
of times during the melee mostly about
the head. He saw revolver in the
hand OF McAuliffe while they We're
backing up the street. The witness was
cross examined at length by District
Attorney Lewis but his story was not
shaken in any way.
Clarence Snyder and John Tierney,
who saw Cosgrove, Kofczenski and
Kinsley when they returned to the GEN.
trail city after the affray of Dec. and
described their condition and injuries
The defense then rested.
In rebuttal the commonwealth called
County Commissioner John j. Durkin,
Deputy Sheriff John Gaifney and
George Long. They all testified that
they knew Daniel McAuliffe and that
4 IL.