The citizen. (Honesdale, Pa.) 1908-1914, 1912-01-24
JURY CONV|CTS
PEG-LEGCEO MAN
Finds Him Guilty of Lar.
Ceny and Receiving
ACQUITS HIM OF ROBBING DY-
MOND STORE, WAYMART, OCT.
19-YOUNG ATTORNEYS PUT
UP STRONG DEFENSE FOR HIM

19-YOUNG ATTORNEYS PUT
UP STRONG DEFENSE FOR HIM
William Marks, the "peg-leger," )"
indicted for breaking into the gen.
eral store of John B. Dymond, Way
mart, October 10, 1911, and steal
ing four guns worth $50, was tried
before Judge A. T. Searle last Fri
day and found guilty of larceny and
receiving stolen goods. He was ac-
quilted on the charge of breaking
and entering, thanks to the strenu-
Gus efforts of his attorneys, Messrs.
c. P. Searle, r. M. Salmon and Ches-
ter A. Garrett, who were appointed
by the Court to see that he had as
fair a defense as the circumstances
would allow.
When asked by the Judge why
he didn't employ any counsel, Marks
! replied that he didn't have the means
to do so. His attorneys were granted
permission by the Court to take him
into the side room for five minutes,
providing they would bring him
back. Following the conference, his
lawyers entered a plea of not guilty
for their client.
These jurors were impaneled to
try the case
Henry Bried, mason, Hawley;
! Homer Bigart, merchant, Hawley;
Gerry Bell, farmer, Lake; f. Sch
weighofer, farmer, Oregon; William
Rickard, farmer, Cherry Ridge; E.
Hugueman, farmer, Dreher; Dewitt
C. Denio, farmer, Mt Pleasant;
Frank Dennio, glasscutter, Seely-
vile; H. H. Robacker, farmer, Sterl-
ing; Elmer Lee, farmer, Hawley;
David Bate, farmer, Dyberry; Ed
ward Charlesworth, merchant,
Honesdale.
In his opening address to the
jury, District Attorney M. E. Simons
stated that William Marks, a young
man, was charged with breaking and
entering the store of John B. Dy-
mond, of Waymart, on the 18th of
October last, and stealing therefrom
four guns. Marks and others with
him, it is charged, came to the store
about two or three O'Clock on the
morning of that day, broke into a
front window with stone and stole.
the guns. Two of the stolen weap-
ons were later found secreted in the
home of William Marks. Marks, it
seems, has been over to Waymart
with a party that night. And, worst
of all, some tracks were found in
the road, the next morning made by
a man with peg leg.
John B. Dymond was the first wit
ness called by the Commonwealth.
He told the jury that he has a store
in the borough of Waymart, where
he handles a general variety of
everything mostly found in a coun-
try store, including guns. On Oct.
19 last his store was broken into at
3 o'clock in the morning. Awaken
ed about that time by the sounds of
breaking glass, he jumped out of
bed and listened for awhile. He
couldn't hear anything, and so went
back to bed. The next morning he
found the back door of the store had
about 80 or 40 holes bored into it
around the lock, SO that the lock
could have been pushed in. Mr.. Dy-
mond laid it to the dog that they
didn't get in that way. Inside the
store he found a stone which was
thrown through the window.
Now all this happened just before
the hunting season. A pane of glass
24x3S was broken. Guns were
stacked in the front window. Par
ties unknown had reached in through
the broken window and gotten all
the guns they could get. AS nearly
as he could tell, four guns were
stole.
After discovering his loss, Mer-
chan Dymond went to the back door,
where he found tracks of a one-leg-
ged man. He took the measure of
these tracks.
Mr.. Dymond and others tracked
the midnight marauders. The peg
leger" kept around the railroad, the
other two went across the road. Up
by Patterson's house the "peg-leger"
crossed the road. Farther on the
searchers came to place where the
one-legged man stood for a time and
finally stepped into a wagon. Mer-
chant Dymond never saw his guns
again until Constable Mickey"
Moran showed them to him.
The guns were stacked up in front
of the witness stand, and for the
once the Court Room was turned
into an arsenal. Mr.. Dymond identi-
fed the stolen property by means OF
peculiar mark on the stocks of the
guns. Two of the guns had been
filed, and the numbers almost eras-
ed. All of the guns had been filed.
One was No. 9770, another $3.50 and
so on. The jurymen took the guns
Z anu Aeii lhdI VI
were, inspected them with a prac-
ticed and critical eye. The district
attorney even loaned one of the jury
men, who was rather nearsighted,
his nose pincers, so that he might be
able to look at the guns more close
| ly.
Attorney Chas. p. Searle cross-ex-
amined Mr.. Dymond at length.
Merchant Dymond admitted he didn't
hear the robbery, and said that his
wife walked him up at a. m. The
tracks OF the "peg-leger" according
to the witness ended at the Patter-
son house, although he picked up
some trace of them farther on. Mr..
/ Dymond exhibited a nail which he
said just set in or fitted in the prints
made by the peg-leg. He admitted
that he didn't have the exclusive
agency OF the particular make of
guns. which were taken by the bur-