The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-02-08
DEFENSE IN THE
SILLIMAN CASE

concluded from Page 6I
dispose of the case in case of verdict
of acquittal. Judge Wheaton ruled
against the admission of the testimony
on the ground that 1t went too far out
side the bounds of the case at bar.
Clarence Rill, of Darby Pa. was
called to the stand and an offer made
to show by him that he and other off,
GERS of the Scranton and Pittston Rail-
way company had been subpoenaed by
the prosecution, brought from great
distances at large expense and consid-
cradle inconvenience to themselves, and
then not called upon to testify which,
according to Major Warren, was for
the sole purpose of harrassing the COM
pany, and an evidence of bad faith on
the part of the prosecution. The offer
was ruled out.
THE REQUEST GRANTED.
At the opening of the afternoon ses-
sion, Mr.. Comegys asked leave to file
general exceptions to all the rulings of
the court rejecting evidence for the
commonwealth. objection was made
by the defense, on the ground that
the commonwealth has no right to ex-
purpose of the request. rIr. Comegys
replied that it was that an appeal
might be taken on errors. in case of
an acquittal. Judge Wheaton said he
knew no authority for the common
wealth appealing q criminal case, but
as it would do no harm to have the
exceptions noted, he would grant the
request.
Contractor p. Mulherin, of Taylor,
who is large property-holder in Old
Forge, was the first witness called at
the opening of the afternoon session.
He testified to having met p. w. Gal
laghcr in the Coyne house at the time
the ordinance was on passage. The
witness had heard that Mr.. Gallagher
was attempting to use undue intlu-
ence to have the ordinance passed, and
upon meeting him told him if he learn
ed of his using any improper means to
pass the measure, he would oppose the
franchise with all his might.
"If you have any money to give
away said the witness to Gallagher.
give it to charity Distribute it
among the churches" Mr.. Gallagher
thought well of the proposition ana
said he would recommend 1t to Mr.. Sill
liman. The witness could not remem-
Der whether or not he suggested what
churches should receive it, but if he
did designate any churches. it was the
two largest churches, located in the
central part of the borough, Father
Jordan's church and Father Gislon's
church. He was quite certain, how
ever. that he did not suggest the
amount.
RECEIVED LETTER.
The witness received a letter from
General Manager Silliman, saying that
his suggestion would be adopted, it
having been approved by President
Clark. The letter stated that $500
would be given to each of the two
churches. Mr.. Mulherin took the let
ter to Old Forge and showed it to
Father Jordan, who at once declared
he would not allow his congregation
to accept it, as there were so many
unsavory rumors afoat concerning the
ordinance. on the passage of which
the donation was contingent. The fact
that Father Jordan would not accept
the donation was communicated to P.
w. Gallagher by Mr.. Mulherin within
a short time after his visit to Father
Jordan.
On cross examination by Mr.. Com
eggs, it was elected from Mr.. Mulherin
that one of the cOuncilmen, Anton
Biancardi, is a brother-in-law of the
Italian pastor, and that several other
members of the council are members
of Father Jordan's congregation.
General Manager Silliman was next
called to the stand. He was under eX-
animation from 2.2O until 3.45 The
cross examination by Mr.. Comegys
W7S particularly searching one. The
N.,ness, however, gave his answers
calmly, unhesitatingly and in that con-
else, direct manner so characteristic of
his public, statements. He seemed to
welcome the cross examiners questions
aG opportunities for which he had
awaited.
In answer to Major Warren's ques-
tions, he branded as untrue every state
ment of =. w. Gallagher tending to
convict him OF corrupt solicitation of
Old Forge councilmen. Mr.. Gallagher,
he declared. was never authorized to
do any of the illegal things he claimed
to have done for the company, and it
he did them it was without the knowl-
edge of the witness or any other ofll-
cial of the company.
DENIED WRITING NOTE.
The witness denied having been told
by +. w. Gallagher that three council
men We're demanding $500, and he never
wrote note to Mr., Gallagher, saying:
-Four centuries will pass before we
will relinauish our efforts"
He admitted he approved a voucher
for 5000 for Mr., Gallagher but declared
that it was told him by MI Gallagher
that the $500 was for Father Jordan's
congregation, The reason check was
not sent was because Mr., Gallagher re-
ported that Father Jordan did not want
the donation by check, but in cash.
The witness did not know that Father
Jordan had declared he would not ac-
cept the donation under any circum-
stances, and 1t was not until last fall,
mt conference in Major Warren's
office with Major Warren, Mr.. O'Brien
and Father Jordan. that the witness
learned that the money had not been
paid to Father Jordan.
A Cancelled check for $500, drawn by
the Scranton Railway company on the
Merchants and Mechanics bank, in
favor of Rev. William Gislon and bear
ing the latter's endorsement of date of
October 10, 1885, was shown the witness,
and he identified il as the check for
the $500 donation for which a voucher
was drawn at the same time the
voucher for the $500 cash was drawn.
On cross-examination, Mr.. Comegys
had the witness tell of the confidential