The citizen. (Honesdale, Pa.) 1908-1914, 1912-11-01
HUBBARD FOUND mot GUILTY.
CONTINUED From Page One.)

the Baptist minister from Schenec-
tady, we will not doubt what your
verdict will be in this case
Marsden A. Hubbard was the first
witness called by the defense. His
testimony was as follows: In 1911 |
lived in Schenectady, N. Y. Lived
in Philmont until | was IS where
was married. Have two children.
Knitter by trade. Worked in Phil
mont 5 years. After failure of firm
went to Cahoes, N. Y, where l
worked five months in Victor Knit
ting Mills. They failed and l went
back to Schenectady where in April
was taken sick with pneumonia.
Was in hospital two months and
then went to Adirondacks for three
months. Went back to Schenectady
and they had a strike on and could
not get work. Came to Carbondale
March 4, 1912, having been asked
to come by my aunt who lives there
and | thought perhaps | could get
work there. | worked in the Textile
Knitting mills six weeks but the
work affected my lungs and heart
and had to quit. While at my aunt's
| met Mrs. Laura Leanord and Mrs.
Dolphin. The former invited me to
visit her in her Wayne county home
and l went there twice. | worked
for Mr.. James about ten days and
finished haying with him. | intend
ed to leave for home but | was per-
suaded to stay bysMrs. Leonard and
also by Mr.. Dolphin. / play the
harmOnica and the guitar and play
ed several times at the Leonard
home. / played there Saturday
night, July p. The company went
home about II o'clock. | retired
about 2 o'clock. Mrs. Leonard and
the members of the family were in
the dining room. ] slept in little
room on from the front room. Had
occupied that bed at other times.
Didn't know where the others slept.
Some slept up stairs and some
down. Being tired ] asked to be
shown my room and Mr.. Dolphin
took a lantern and lighted it and
took me into the room | was to oc-
cupy. He went out and commenced
Quarreling with the children and his
wife. He was Cursing and swearing
and using language not fit for a
woman to hear. l heard him threat
en- to cut Mrs. Dolphin's heart out
and to kill all the members of the
family. He walked back and forth
across the room, all the time swear
ing. Shortly | heard a child crying
and begging the father to leave it
alone. 1t was begging for protec-
tion from some one. | felt as
though | would like to get up but
didn't want to interfere with their
family troubles. / did get up but
was all in a tremble. Mrs Dolphin
rushed into my room. | got up and
saw that Dolphin was not hurting
the child but tantalizing it. / went
back to my room but left my trous-
ers on, not knowing when / would
be called again. l heard Dolphin
swearing and cursing still. l did
not know what to do. l looked into
my suitcase to see if revolver was
there. l took it out for two reasons.
SO that Dolphin would not get it
and for my own protection if needed.
/ put 1t under my pillow. All of a
sudden l heard Mrs. Leonard say
Look out, here comes Tom with
something in his hand" Mrs. Dol
phin with the child in her arms
| rushed in, with her husband follow
ing her with appraised arm. He had
his arm raised in an attitude to
strike. l raised up in bed and saw
something glitter in his appraised
hand. Just then he grabbed me at
the right shoulder with his left
hand and l grasped my revolver. He
pushed me back on the bed and
| pulled the trigger. In my excite
| ment / kept pulling. Could not tell
how many shots l fired. Had re-
volver twelve years. Used to belong
to target shooting club. Never car
ried it on my person. | saw the gilt
ter in Dolphin's hand and thought
he had a dangerous weapon. Never
had any intention OF wounding Dol
phin. Was excited and thought my
| life was in danger. Dolphin had
been drinking. Cartridges used were
light about half power of those put
in later.
Cross examination
brought out the facts of his life and
where he worked as previously Civ
en-, except he named a few more
places where he had worked. One
of these was at the Gurney Electric
Elevator Works in Honesdale some
time in June last. Hubbard stated
that he did not know personally of
the family relations between Dol
phin and his wife. He had heard
that they had trouble but never saw
any while he visited there. He said
that he had been at Lake Lodore
| during the day and returned on the
evening train. He said that he had
gone over to the James home in the
evening, not as Mr.. James testified
to ask them over to the Dolphin
house to spend the evening but to
see whether he could stay with Mr..
James during the night, as he said
he did not want to stay at Dolphins
/ because he did not want to get mix
ed up in any Of their family affairs
He said that James had company
| and he knew he could not stay there
so he went back to Dolphin's. The
rest OF his testimony was a repeti-
tion of that previously given. Hub
bard was on the stand over two
hours. When asked about the re-
volver he said that he had it in his
hand when Dolphin pressed him
! down on the he'd He contradicted