The citizen. (Honesdale, Pa.) 1908-1914, 1912-11-01

partial Charge-Many Spectators
Attend Trial-Evidence of Wit
nesses-Hubbard Discharged.
The Hubbard-Dolphin homicide
case was brought to a close this
morning The jury brought in a
verdict of Not Guilty" after being
out forty minutes. The testimony
is taken up here where it was left
in our last issue, beginning with
Tuesday afternoon.
When court opened Tuesday af-
ternoon the court room was nearly
half filled with men and good
many women. The interest at the
opening of the Waymart homicide
case was not great in the morning
but in the afternoon, judging from
the attendance, it was much great
er. The two principal actors in the
tragedy, Marsden Hubbard and Mrs.
Dolphin, testified before the jury,
their testimony taking the entire
afternoon.
At the opening of court DR.. Peter
sen was called to correct a state
ment made that morning when he
said that his examination of the body
showed a wound in the right arm.
He corrected it by saying that the
n B. Spencer took the stand again
to state that the revolver was a 32-
Calibre.
At this point the prosecution
rested.
Attorney William II. Lee, for the
defense, made a motion to have Mrs.
Dolphin, the only eyewitness to the
tragedy, take the stand for the pros
ecution, stating that it was custom
airy for the District Attorney to call
eye witnesses of an affair to testify.
The district attorney answered by
saying that he had subpoenaed the
witness but had withheld her be-
cause he thought she was a pre-
JUDGED witness. Judge Searle re-
fused the motion.
Mr.. Kimble then opened the de-
fense with an impassioned appeal to
the jury in which he stated that they
were perfectly willing to rest the
case there after it was proven that
deceased had entered the room with
a deadly weapon, but that they did
not want to rest the case on a tech
nicality. A..
I'VE will give the life history of
the defendant. No man ever did a
more manly act for Justice than
ty-eight years ago was born a son to
hardworking parents This boy grew
under the care of these parents until
he entered High school. He gradu-
ated from there with high honors.
He married in early life. He has a
wife and two children and he is un-
able to be with them on account of
sickness. We are going to tell you
how and why he came to Wayne
county. He learned the knitting
trade in Philmont, n. Y. He worked
there II years, or until the company
failed and he lost all his wages and
his job. He worked at other places
and while in Schenectady he was
taken sick with pneumonia in April,
1911. He was taken to Alice hospi-
tai there and it was over two
months before he was released. He
was advised to go to the Adirondacks
for his health, which he did, re-
naming there about three months.
Having an aunt in Carbondale he
was invited by her to come and visit
her, hoping that the change of eli
mate would benefit him. While
here in the spring of 1912, Mrs.
Leonard became acquainted with
him and Mrs. Leonard extended an
Wayne county. He came to Mrs.
Leonard's home three or four times,
spending the day and returning in
the afternoon. He came to Mrs.
Leonard's house. Dolphin had no
house. Dolphin worked as a section
hand on the railroad and paid board
to Mrs. Leonard. Hubbard was
about to return to his home in New
York. He had worked for Mr..
James about ten days and expected
to leave for home Thursday. Mrs.
Leonard invited him to stay which
he did. He was an accomplished
young man and could play the har-
monica and guitar at one time. He
was popular among the young peo-
pie on account of this. Saturday
night preceding the tragedy he play
ed and the guests danced and they
had a good time. After the guests
went home Hubbard asked to be
shown to his room. Dolphin lit a
lantern and conducted him to the
room off the living room. Early
in the evening Dolphin went to Way
mart and got a pint of whiskey.
He had been drinking. About one
o'clock began to abuse the children
and threaten his wife and Mrs. Leon
al u iluDuaIu SOl up anu part
dressed. Then he went out to the
next room; everything became quiet
and he went back to bed not wishing
to interfere. He looked in his suit
case for his revolver in order that
Dolphin could not get at it and he
placed it under his pillow. Later
Dolphin began to attack his wife
with knife and throwing things at
her. She ran from him and went
into the room occupied by Hubbard
for his protection. Dolphin follow
ed her in and backed her up against
the wall between the dresser and the
head of the bed. Hubbard went
to raise up in bed and Dolphin
grabbed him by the right shoulder
throwing Hubbard back on the bed.
on his elbow. Dolphin had some
thing in his hand which Hubbard
cOuld NOT diStinRuish Huhhard