The citizen. (Honesdale, Pa.) 1908-1914, 1913-06-20
JURY SAYS HALEY
IS mot GUILTY"
CIRCUMSTANTIAL EVIDENCE OF
LARCENY FAILED TO CON-
VINCE WAYNE JURY.
Case Finished Late Monday After
noon-W. II. Lee, Esq, Appointed
Counsel for Haley.

Counsel for Haley.
In the case of the commonwealth
VS.. Thomas Haley alias Thomas Cort-
right, in which B. F. Ossendorf, of
Waymart, was the prosecutor, and
which was tried in the local court on
Monday of this week, the jury return
ed verdict of mot guilty" in court
Tuesday morning. The Court told
the jury that the fact that there was
some evidence that Ossendorf was
under the influence of liquor should
not have Influenced them in finding
verdict. Haley was brought before
the court. He is "a years old. Judge
Searle instructed the sheriff to give
Haley the S4.10 he had taken from
him when he was placed in Jail, and
instructed that Haley should buy
ticket with it and leave town.
H. B. Ossendorf, prosecutor in the
case, was the first witness called by
the Commonwealth. He stated that
he had not known Haley until the
day he came to Honesdale and stop
ped at the Arrow Cafe. That was on
Wednesday afternoon, May 81. Ha-
ley was around there then. l stayed
there all night because it rained and
part VI L SJdl leu lOl
my home near Waymart Thursday af-
ternoon about four o'clock and Haley
asked to go as far as Seelyville with
me. l did not want him to go but he
insisted. When we got to Seelyville
he wanted to go along to Waymart.
He went and left him on the other
side of Waymart. He did not go
all the way home with me. 1 had
my money in the outside pocket of
my coat in an envelope. / had taken
So out to pay the bartender at the
Arrow Cafe and Haley was standing
near me. | had the money when we
were at Seelyville. 1t was gone
when 1 got home. 1 figured that 1
had lost about $35.
Attorney W. H. Lee was appointed
by the Court to defend Haley who
had no counsel. On cross-eXamina-
ton it was attempted to show that
Ossendorf was under the influence of
| liquor. He said that he was not un-
der the influence of liquor Wednes-
day night. Haley came to his room
early Thursday morning and asked
Ossendorf where his clothes were.
| They had few drinks at the Arrow
Cafe before leaving and stopped at
Seelyville where they had two more.
Mr.. Ossendorf asserted that he had
taken beer while Haley took whis-
key He said that he had about SAT-
! in the envelope and that he allowed
that he had spent $12 at the Arrow
Cafe.
Peter Kahl, bartender at the Ar
row Cafe, sworn Haley worked
around the place and did not get any
pay for his services, only once in a
Ipbi1n hn cyiu To
had no money. Haley was standing
along side of Ossendorf when they
came up to the bar for drinks that
Thursday afternoon. He had an op-
portunity of seeing the money that
| Ossendorf carried in the envelope.
Haley went with him but did not
| come back. He stated that the two
had had several drinks before they
started.
Joseph Gumpper, bartender at the
Seelyville hotel, was next sworn: He
| stated that Ossendorf and Haley had
stopped at the hotel Thursday af-
ternoon, May 22, for about ten min
utes. They had two drinks and then
started for Waymart. l saw Haley
again Friday afternoon. He came in
to the hotel and he had money. He
spent three or four dollars there and
let me have IS to keep for him.
| When he left he left ninety cents on
the bar. On cross-examination he
stated that the $3.50 was in the till
of the hotel in a separate pile await
ing the action of the Court. Ossen-
dorf had paid for the drinks and
| took out of the envelope $5 and 1
gave him the change for it, When
Haley came back Friday he got to be
a nuisance and I put him out. He
was intoxicated when he came there.
Mrs. Augusta Myers, proprietor of
| the Seelyville hotel, was sworn:
saw Haley Thursday and again on
| Friday. He came in after Mr.. Gump-
per had left and lay down in a chair
for nap. When he awoke he ask
he paid me with a IS bill. l gave
him the change and / saw that he
had four other bills of the same de-
nomination with him then, when he
left. He was sober at that time.
N. B. Spencer, county detective,
sworn: He served the warrant on
Haley in the bar-room of the Wayne
Hotel. / searched him and found
on him $4.10. I arrested him and
locked him up. Haley told me then
that he never took Ossendorf's mon
ey but that he had given him so. The
next morning in the Jail he told me
that Ossendorf had given him Sc.
Or cross he stated that
Haley had few drinks in him but
was not so drunk but that he knew
what he was talking about.
The Commonwealth rested.
Thomas Haley was the only wit
ness in his own behalf called by the
defense. He stated that Ossendorf