The citizen. (Honesdale, Pa.) 1908-1914, 1912-01-24

glars. Other merchants in the
county, he said, may handle them
too.
Mrs. John B. Dymond testified that
their home in Waymart was located
90 feet from the store. She heard
the breaking of the window glass
that night in the front store window.
1t was around o'clock when she
heard the noise. She didn't know ex-
actly how many guns were stolen.
She saw tracks of a man with a peg
leg at the back door. There were
no tracks at the front door, owing to
the cement walk, but at the edge of
the walk she saw holes. Between 80
and 40 augur holes were bored right
around the lock in the back door.
When cross-eXamined by Attorney
R. NJ. Salmon, Mrs. Dymond said
she looked out of the window that
night but it was pretty dark, sort of
mistin' rain, and she couldn't see
any one. She didn't see any tracks
of a peg-leg on the cement walk.
Miss Lizzie Hulse, who has been
clerking in Dymond's store for the
past three years, was at Prompton
making an inventory of the Promp-
ton store, at the time of the rob-
berry. She identified the guns.
( Cross-examined by Attorney Ches-
Ter A. Garratt, Miss Hulse admitted
that as clerk and milliner in the Dy-
mond store at Waymart, she was
kept busy all the time. She said
they sold many guns, and bought
from to is az time.
Constable-Detective Michael Nor
an, Carbondale, testified that he
found two of the guns in w. Marks
house. A third he found at the home
of young Russell, who lives near
Marks home. He fond the guns Sc
creted in a little attic over the kitch-
en-. Following Mr.. Dymond's phone
message that his store had been rob-
bed, he and another man went up to
Marks with a search warrant and
found the guns. He found the guns
about three weeks ago.
Cross-eXamined by Attorney Chas.
P. Searle he said William Marks had
brother living in the same house.
The other fellow skipped to New
York. One gun was tampered with.
Frank C. Kimble, High Sheriff of
Wayne county, took the stand, and
told of conversation he had with
William Marks about the Waymart
robbery. | asked Marks why he
didn't squeal and have some COM
pany. He said No. If he did, he
could put some others in jail. He
mart with a wagon, but not at Dy-
mond's store. He made no admission
of guilt to me, and said he'd rather
take it on himself and serve it."
A. F.. Schimmell, who is doing
time" in the county jail for breaking
his parole, was brought into Court.
He said he and Marks done some
talking about the Waymart robbery.
Marks told him he went within half
a mile OF the store, but wasn't at
the store at all, and didn't know
where il was. He told Schimmell
that he was over there with a wagon,
and admitted to him that there were
enough of them there that night to
fill up the jail.
The commonwealth rested.
Hearing in the case was resumed
Friday afternoon. Attorney Chester
A. Garratt harangued the jury,
claiming that the defendant did not
enter the store. He declared that
" the peg leg marks discovered were
in all probability not made by the
peg-leg which this defend, = wears" !"
Henry Russell, a young -l4-ln who
lives at Number Four, Lackawanna
county, was called and interrogated
by Attorney r. NJ. Salmon. He asid
he bought the gun Moran took from
him of Paul Roboschin, who told
him he got it from Sears & Roebuck.
Attorney Salmon's effort to offer
in evidence the peg-leg OF the de-
fendant to show that the instrument
which the prosecution had shown to
be the exact diameter of the peg-leg
tracks would indicate that the marks
had been made by a peg-leg or a cane
OF larger or smaller diameter was
objected to by the District Attorney.
The Court sustained his objection.
The defense rested. The District At
torney said there would be no re-
buttal as 1--WE don't know as there's
anything to rebut."
Attorney Salmon made a touching
appeal to the jury to acquit the un-
fortunate defendant, a victim of cir
cumstances, who wouldn't have been
shut up in the county Jail, unable to
get bail, except for his poverty. The
District Attorney summed up the
case. The Judge charged the Jury
and they returned later in the after
noon with verdict OF guilty OF lar
ceny and receiving stolen goods.