The citizen. (Honesdale, Pa.) 1908-1914, 1912-10-30
MARSDEN HUBBARD PLEADS mot GUILTY"
Jury Drawn i'm Less Than Three Hours---First
Witness Called Tuesday Morning--ERay Finish
Tomorrow

onday afternoon the case of the
commonwealth against Marsden A.
Hubbard was called for trial. Dis
rict Attorney NJ. e. Simons announc-
ID that he had ten criminal cases to
tried this week, two OF which
ave been practically disposed of by
be defendants pleading guilty. They
ere Com. VS.. Frank Koeing for as
hult and battery and Com. VS.. VIM.
Polt, Jr., larcency. Sentence in
he two cases will be pronounced the
htter part of the week.
The Waymart homicide case was
hen taken up. Marsden A. Hub
ard was arranged before Judge A.
r. Searle and the question put to
i'm by the District Attorney after
he reading of the indictment charg-
ing him with the murder of Thos.
Dolphin last July at Keens, as to
Shether he was guilty or not guilty.
He answered Not Guilty" Hub
bard sat at his counsel's table with
attorneys F. P. Kimble and W. H.
lee. He was told to stand up which
be promptly did. Prothonotary w.
J. Barnes pronounced the customary
nterrogations: Are you ready for
your trial?" Yes" replied Hubbard.
HOW Will you Db lIltu W "hlCh
Hubbard promptly answered, by
God and My Country" He was then
old that he had the right to chal-
enge twenty jurors pre-emptorily
land more if sufficient cause be
shown.
The work of empanelling jury
was Immediately commenced. OF the
twenty-eight names called there
were sixteen challenges but the
panel was complete in less than three
hours.
The jurors drawn to try the case
are:
EMERY BLACK. farmer, Lake.
s. ID. BARNES, miller, Starrucca.
+. +. BUSH, carpenter, Lehigh.
N. NJ. BRIGHAM, teacher, Damascus.
N. u. DENNIS. farmer, Damascus.
GEORGE l.. Eek, farmer, Dyberry.
II. f. FRICK, farmer, Sterling.
j. ADAM KRAFT, insurance agent
Honesdale. fsG
OLIVER LOCKLIN, farmer, Pau.
pack.
A. SIMPSON, Dreher.
j. w. STONE, laborer, Salem.
JOHN w. WATSON, farmer, Salem.
Judge Searle congratulated the at
| torneys for the Commonwealth and
for the defense for their efficient
method OF getting jury and stated
that he was very much pleased tha'
| the work had progressed SO speedily
l After the jury was sworn, Constable!
r. w. Mills of Mount Pleasant and
w. Sherwood, OF Preston were pu
in charge of the jury, and were u
wait upon them throughout the con
tinuance of the case. The jury wa
taken to the Allen House for suppe
and cots were fitted up in the cour
house for their occupancy Monda!
night. Court adjourned at 4:50 II
meet Tuesday morning.
Tuesday Morning.
The court opened at o'clock thi
morning to resume the case. Dis
trict Attorney Simons gave a shor
account of what would be proved b
the prosecution. He said:
Gentlemen of the Jury: 1t is on
of the sad duties of the prosecutin
attorney that he has to prosecut
people who have offended agains
the law d we will not spend muc
time our opening address. Tn
testim my of the witnesses will spea
for itself The defendant is Mars
den Hubbard who you see sitting g
the defendants table. He came
Wayne county some time previous
July 27 last and became acQuainte
with the family of Thomas Dolphin
He spent some time in that neighbol
hood while working for a neighbC
and practically made his home ther
and according to this neighbor an
as / understand had suitcase at I'll
home of Thomas Dolphin, goin
there Saturday nights and spendin
Sunday there. His acquaintanC
with the family progressed so rapit
ly that on July 27 he went to IL
neighbor's house, where he forme
ly worked and invited the family L
to Dolphin's place to spend a fe
hours of the evening. After a fe
hours they went home and later the
were aroused by Mrs. Dolphin, Il
defendant and the formers mothe
Mrs. Leonard. The defendant tel
James that he has shot Dolphin. M
James and son go up to the Dolph
! house but did not go in and aft
getting several other neighbors we
in the house and found Dolphin dea
lying on the kitchen floor in Il
doorway leading into the diniI
room from the kitchen. He h;
been shot and was dead.
I'VE propose to go on and she
you where he was shot, the examin
ton made by the coroner and by t
undertaken and having shown y,
these acts we are going TO ask y,
TO decide this case as to whether
not the defendant is guilty or
nocent.
"The case will deyelope as y
have heard the evidence. Thorn
Dolphin lived in Canaan townsh
near the borough of Waymart.
had lived there several years with
wife and family and his wife's mot
er, Mrs. Laura Lenord."
j. A. Bodie, Jr., was the first W
ness called by the prosecution.
testified that he was a photograph
living in Honesdale. That he h
been in the business about eie
years and had taken photographs
the Dolphin house the morning af
the shooting. Nine exhibits OF pl