The Scranton Truth from Scranton, Pennsylvania • Page 1

i -5k vhK" DAILY FULU TELEGRAPHIC tVS OF THE DAY BY SPECIAL WIRE SCRANTON, MONDAY AFTERNOON, DECEMBER 14, 1908, cinsc TWENTY-FlFTn YI3. amm musim ri crej KIABInJS9 MOOTER' ARMS PjMMI Though the Captain Is the Admitted Slr, Thornton Jenkins Hains Is the First To Arraigned Work of Securing a Jury Is Taken Up. LITTLE COURT ROOM AT FLUSHING. L. I.

IS CROWDED WITH SPECTATORS THE HAINS BROTHERS, CAPTAl' HAINS' WIFE AND W. E. ANNIS, WHO WAS SLAIN. Number of Men Arraigned Before Judge Wilson of Clarion County On Charges Growing Out of the Election of Last Spring. MEN WHO HAVE; BEEN INDICTED AND THE CHANGES AGAINST THEM principal and is to have his life placed in jeopardy prior to the trial Of th admitted slayer.

This action was taken at the sug- -gestion of District Attorney Jerome, of New York county, who was consulted by Prosecutor Darrln as to the' best method of procedure. "Try the brother first," laconically declared the New Yorker, who ha had plenty of experiences in case, where insanity was the defense. "Jf you don't want to do that, let hint free now as there will be no use of trying him after Captain Hains faeeav; a jury." This advice was taken and today's trial resulted. CJie old court house In Flushing is by no means an ideal place forf a murder' trial. Built years ago for use as a town.

111 hiM If Vfc -ft if I Ithall and turned into a court house Gallagher' and Frank Mahon; Chas. Billings and Thomas McDermott, Jos. Langan and Michael O'Connor are Indicted separately on the same charge. Although not members of the Winton board, John Kearney and John Gallagher were indicted with them, on the charge of being implicated in the alleged conspiracy. District Attorney Josepn O'Brien is personally handling the case for the commonwealth, and the private counsel for the prosecution are Jos.

F. Gilroy and R. H. Holgate. Mr.

Gilroy represents Mr. Murray, the prosecutor, who sits with the attorneys at the commonwealth's table. Attorney Holgate represents a number of citizens of Winton. Attorneys C. P.

O'Malley and Clarence Balentine represent the defendants, who take Up all the available room as they sit around the. defendants' table. FIRST BLOOD FOR COMMONWEALTH. Every inch of ground is being stub-bornlv 'fought by both sides to the controversy. The first flare-up between Counsel came when the third Juror was called for examination.

He was on the list as VV. Moran, miner, Dunmore." On examination by counsel, he-said he never lived in but resides in North Scranton, He said he was served at his house with a Jury notice which came In the mail, and he was later" served in the sheriff's office. District Attorney O'Brien wanted to show that he was not the man who was drawn, and undertook to lay grounds for a for cause. He summoned Deputy siinrifr rjnstave Kotzwinkle to the After several vexatious delays, the election board of the Second ward of Winton borough, charged with consplr-acy to return a false count at the eleton in that borough last February, Wore placed on trial in criminal court this morning before; Judge Harry R. Wilson, of Clarion county, who is assisting the local judges in criminal court this wek.

The Jurors selected to hear the case art: Auscl Carpenter, farmer, Benton. Cross, farmer, Greenfield. M. J. Collican, miner, Dunmore.

William Freeman, clerk, Scranton. Henry Gliss, clerk. Scranton. Chas. A.

I.arkln, tracklayer, Scranton. John McGlone, check weighmaster, Dunmore. Wm. Norton, clerk, Carbondale, Sidney Owens, fire boss, Taylor. Jacob W.

Reidenbach, barber, Scranton. Harvey E. Bentele, salesman, P. J. Boland, contractor.

Scranton. Attorney It. H. Hogate opened-the case of the prosecution to the Jury ehortly after 1:30 o'clock thlsafternoon. The defendants placed on trial this to answer the charge of conspiracy, are: Joseph Langan, Thos.

aicDei-mitt, CTiarles Billings, Frank. CUahon, Michael Gallagher, Michael O'Connor. John Kearney John Gallagher. In this case, they are being proe-cutiid- by Edward Murray, who a tandidate for constable at the election in 'Question, and who contends that the defendants conspired to count him out. Some of the members of the board are also indicted on charges of violating the election laws, growing out of the same election.

Yh" latter charges are being pressed bv John Zeoek, 'who was a candidal'' tor borough office at the taid elecWnn, 1 -IXbfCTftD JOX1CV. On the latter charges the following were indicted Jointly: Michael with but little remodelling, it is' a structure of noises and echoes. So-pronounced are these effects that Justice Crane announced prior to the convening of court that neither telegram nor telephone instruments can be used in the building. The consequence, is that the newspapers and press associations have been compeUe4.r to install their equipment fur trans-mitting the news of the trial in a hotel three blocks from the court house. The little court room in which thei! trial is being held is on the second floor of the structure, and is of toylike dimensions compared with the others in the district.

When the court i convened at 10 o'clock for tho purpose of permitting the call of the roll of the 295 talesmen every seat inside and outside the rail, and in the miniature gallery was occupied, by prospective jurymen, while, others were outside in the corridors unable to get a scat In- -side. i There were the usual applications tftr by the wailing Jurymen, who1 presented ail manner of excuses in order to keep from serving. But excujes did not go with Justice Crane, who, OFFICER -BEUEVED TO BE 1 A VICTIM OF BLACM EANB Found Dying In Archbald Street With) Two Dozen Stjlleto Wounds -in His Body buspectcl uurdefer Trailed Many Miles By Means of His Foot Prints In the Snow. THE ANNIS MURDER. Accused Thornton Jenkins Hnins.

brother of Captain Peter C. Halns. (. Crime Murder In the first degree, allegation being: that lie aided and abetted his brother, Captain ftalns, in murdering William K. Annis, publisher, on August 15, 1908.

Cause or Crime Alleged by Captain Hains Amiis had broken up liis home and alienated the affections of his wife. Place of Trial Queen County Court House, Flushing, li. 1. Presiding Judge Frederick C. Crane, youngest Supreme Court justice in the Metropolitan district.

Prosecutor District Attorney Darrln. of Queens county, assisted by Elmer S. White, Brooklyn criminal expert. Counsel for the Defense John F. Mclntyre, former assistant district attorney of New York county, assisted by Joseph Shay.

Number of Talesmen for Opening Session 295. Probable Duration of Trial Ten da ys. Contention of Defence That T. Jenkins Halns simply acted to protect his insane brother and knew nothing about the crime. By United Press.

Flushing, h. Dec. 14. Xot since the trial of Morton Thome, slayer of William Guldenseppe, the bath rubber slain by Thorne and Mrs. Nack, took place: in Long Island City in 1897, has there been the interest taken in the capital case in Queens -county that is displayed in the trial of Thornton Jenkins Hais, which begins this afternoon.

Haina occupies an unique position In that, while indicted only as an accessory, he is to be trli, as a PLEADS GUILTY Mattf (ierod, of Scranton street, pleaded guilty before Judge B. C. this -morning to engaging in the practice of an undertaker without a license. The court suspended sentence upon the payment of the "costs by rhe prosecutor. The defendant was prosecuted by Secretary Charles W.

of the State Board of Undertakers, who came to this city from Philadelphia and testified against the defendant. Detectives Tierney and Thomas, of this city, with the assistance of State Registrar Robert Heaney, worked up the case against the defendant. Gerod was granted a license while he Vas residing in Hazleton a few years ago, but it wag subsequently revoked on the that he obtained it by fraud, lie later came to this city and engaged in the business without the PEZZIN0 WILLING TO PLEAD. GUILTY TO MANSLAUGHTER Negotiations are on that may result In the acceptance of a plea of guilty of manslaughter being entered by Peter Pesszino, the North Scranton man who struck Philip Aboda on the head with a at Olyphant a few weeks ago, the wound causing the death of Aboda a couple of days later at the State hospital. As yet the Uis- FORMER TREASURER FOWLER OF WAYNE COUNTY BURNED TO DEATH IN BARN AT HIS HOME With two dozen stilleto wounds In his body, Special Policeman James 1'asserella.

dying, was found lying in a gutter on Laurel street, Archbald, shortly after 7 o'clock evening. Befoj-e medical aid could reach him life had expired and another murder had been added to Lackawanna county's long list of homicides. Every indication is that the crime was committed by an agent or agents of the Black Hand. The finger of suspicion so far points to one man; known as Mike Ropella, who "is a fugitive from justice, but it the opinion of 7 SPECIAL HESS AGE TO SENATE ON SH 001 IHG AT BR017HSHILLE (Continued Page 11. trlct attorney has not accepted the plea.

The case is marked for trial tomorrow, 't being the second case on the-list. County Detective M. A. Hatter is the prosecutor. Attorneys George w.

Maxev and K. C. Amemian. representing the accused man, today suggested to District Attorney Joseph O'Brien that their client would pKid guilty to manslaughter If such a pba would be acceptable to the district attorney. Who Will Be The Lucky Lady Next Tuesday Afternoon The drawing tor a fine French china tea set (complete aiwl double traced) will be held next Tuesdav, December 15th, at 2 p.

at iny sales parlors. 144 Adams avenue, corner Spruce. Ev-erv lady attending sale has equal clianee. elegant upright grand pianos (manufacturer's samples) have been sent to me to be sold at auction same afternoon, and buyers of pianos will be presented with a gold watch (lady's or gent's) on all pianos sold up to Christmas. Freight charges paid on goods to out-of-town buyers.

In the sale are carpets. 9x12 rugs, 2a pieces linoleum, kitchen range, illntiis-room furniture, brass and rii beds, parlor suit (cost cm glassware (TIITanv), olufl'onl'iis, fancy dressers, sila. portiers library table, organ, buffet, j.ideboard, leather diners, leather couch, china closet, etc. Goods are all new manufacturers samples, and will make tine present. Airs.

Mu-Varish. of U03 Snyder avenue, won the. gold watch Friday afternoon. Who will be- the lucky ladv Tuesdav afternoon next? ItOBHRT Auctioneer. I 13-liwh Cake Try (la the exquisite "i.iy" ruttlaa; 14-lanh Footed Pmanh Bowl, a iaalrrie! of aai exart M.M II 1 nA rnA Ant.

wlipfher- there was pioiiy vu a return of servirte for Moran. Kotz-winklo went on the stand and said (here was. Moron's address In Dunmore was given in the list an 1037 Oak -Attorney O'Malley dbaofed that -There was such a street In Dunmore, and Mr. (Continued on Page 11.) I A few minutes after the sister had U.rp(i that? the bulldrng was on fere. 8h hurried toward it and heard her brother screaming for help.

The pirl tried to enter the barn, but was beaten back by the names and She then gave the alarm. Others of the Fowler family and some neighbors then tried to rescue Fowler, but his only avenue of escape was cut off by the flames, and he was roasted to death before the firemen extinguished the The body was discovered on the second floor. Until a few months ago Fowler was county treasurer in Wayne county. He was one of the best known men h(re Hjg Hurvlvors aro ji1h mother land the followlnsisters: Olive, Mur- Jorie and Louise, of this place, and of Scranton. The funeral an- nouncement will lie made later.

um DO YOU USE A PRICE-LIST IN YOUR BUSINESS? A great many enterprising merchants, at thii season of the year, find it very advantageous, ill ex-lending their business, to mail carefully compiled Price-List to prospective customers. This system of advertising increasing each year, and applies to a Retail as well as to a Whole sale business. A neatly printed and well- executed PRICE-LIST is a substantial asset to any business using it. THE SCRANTON TRUTH PR1NTERY makes a specialty of this class of Job Printing, and "has superior facilities for doing the work is the best possible style of typography, at short notice, and at most reasonable prices. CaB and tee samples, or telephoneOld 1 99 1 New tr Anything In Vina Printing Una, no mattar what It la.

0M 4o It- 4 serella invaded (he saloon where Ropella was drinking with his friends, and that in the disorder that ensued his friends rallied to hiH aid and in fllcted the fatal wounds either on the premises or after Passerella had got ten out on the dark street with his prisoner. THREE ARRESTS MADE. The authorities rounded up three qf the men who were In the saloon at the time, and are now searching for others. By arresting every man that was in the place at the time, they expect' to Continued on Page 3. ing and refusing to divulge it.

Under the circumstances, and in view of the length of time they have been out by the service and' their loss of the benefit that would have accrued to them by -continuous long-time service, we can afford to treat the men who meet the requirements given above, as having been sufficiently punished by the consequences they brought upon themselves when they rendered necess-arytlie exercise of the disciplinary power. I recommend that a law be passed allowing the Secretary of War, within a fixed period of time, say a year, to reinstate any of these soldiers whom he, after careful examination, finds to have been Innocent and whom he finds to have done all In his power to help bring to Justice the guilty. the' Investigation will be continued. The results have made it obvious that only by carrying on the investigation as the, War Department has actually -carried it on is there the slightest chance of bringing the offenders to justice of or separating not the Innocent, for there were doubtless hardly any innocent, but the less guilt from those whose guilt was heinous. "Theodore Roosevelt.

"The White House. Dec. 14. 1 908." Just before the President's message on the Hrownsvllle affray was read in the Senate today, Senator Foraker offered an amendment to his bill arranging for the restoration of the negro soldiers to the Twenty-fifth Infantry for alleged rioting at Brownsville, appointing a commission heaoVrl by General Chaffee, to consider all the facts and evidence, and determine what course must be followed. A finding must be made In each individual case.

All those acquitted by the commission shall be permitted to re-enlist. NEW TRIAL GRANTED IN THE CASE AGAINST ATTORNEY HUSLANDER An opinion was handed down by Judge J. W. Carpenter this morning, discharging the rule for Judgment, notwithstanding the verdict, and making absolute the rule for a new. trial In the case of Mrs, Laura A.

Gregory, of West Scranton, against Attorney W. H. Huslander, of Dalton. At the trial of the case, the plaintiff who was represented by Attorneys Leach Morrow, was given a verdict of $4,120, the full amount of her claim. Gregory is 80 year old.

She brought the suit to recover what she claimed as her share of the proceeds of the nalo of real; estate which she employed the defendant to sell for her. It consisted of. a tract of coal land located In West Scranton and was aold by the defendant to Attorney T. F. Wnilafor ,217.

Judge Carpenter holds that tlin method by which tho jury arrived at the verdict cannot be reeon sldered with the evidence. Attorney B. Price represented tne defendant. County Detective M. A.

Rafter that more than one man is implicated in the crime. Three men are now under arrest on suspicion of knowing more about the murder than-they will- admit. The the efforts of Passerella, an intrepid officer, to arrest Kopella in the saloon of Louis Touch of Ivaurel street, close to the place where the dying man was found. It is believed that the speekri policeman went to the hotel to arrest Ropella, who had been drinking heavily and was boisterous and unruly. The theory of the county authorities is that Pas- 4- question that ipractically every man in them must have had kinrwlodge that the shooting was done by some of the soldiers of Troop, and possibly by one or two others in one of the other troop.

"This concealment was Itself a grave offense, which was greatly aggravated, by their testifying before the Senate committee that they were ignorant of what' they must have known. Nevertheless, it Is to be said in partial extenuation that they were probably cowed by threats, made by the more desperate of the men who had actually been engaged In the shooting, as to what would happen to any man who failed to protect the wrongdoers. Moreover, there are. circumstances tending to rfhow that these misguided men were encouraged by outsiders to persist In their of concealment and I feel, therefore, that the guilt, of the. men who.

after the event, thus shielded the perpetrators of the wrong by refusing to tell the truth about them, though serious, was In part due to the unwise and Improper attitude of others, and that some measure of allowance should be made for the misconduct. In other words, I believe we can afford to reinstate any of these men who now truthfully tell what has happened, give all the aid they can to fix the responsibility upon those who are really guilty, and show that they themselves had no guilty knowledge beforehand and were in no way implicated In the affair, save by having knowledge of it afterwards and fall this The taxes of iho O. W. company and otlier smaller companies arc. expected to be paid during this The Iickawiinnu, Kile, and H.

companies have not paid their taxes yet and it is expected that they will appeal to the Supreme court though no papers have been filed In any appeals yet. "Washington, D. Dec. following special message from the Hrownsvllle shooting was tent to the Senate today: "To the Semite. "I Inclose herewith a letter fron the the of War transmitting a report ct the Investigation rnuda by Herbert J.

Browne, employed by the department In 'conjunction with dpt. W. a. Baldwin to Investigate as far ax possible what happened at Krowns-vHle on the 13th and 14th of August, lDiMi. The report and documents contain some informaticn of igreaC value and some statements that are obviously but I thein'in their entirely.

"This report enables us to fix with tolerable deflniteness at least some of the criminals who look the Vad in. the murderous shootinir of nrivate Titizcns Rrownsvlllc. It eslabllshes clearly the fact tlwt the cclored soldiers did the sliooting; but upon this point further record was untieceHsary, as the fact that the colored soldiers did the s-lvooiing has already been established beyond all possibility of doubt. The investigation has not gone far enough to enable us to determine all the facts. a nr.ww,a.l 11'tlil it' hilt it llHl gone far enough to determine with suf ficient accuracy certain tacts ot enougn Importance to make it udvlsable that I place the report you.

It appears that almost all the members of Company B' must havP been actively r.s..u4 In lh uhnollntr jithr.t- In the extent of being or to the extent of virtually encouraginsp tliose who were participants. As to Companies and D. there can be no Speriiil to The Truth. llonesaaie, i U.HS County Treasurer uwuim l.urned to death a i )v destroyed his mm." id So 1 North Main street this morning-far as is known, this is the first death f'om fire that has ever been record- owVei? was thirty-seven years of age, returned home from the bus -I at about 11 o'clock thm ond was seen to enter the Olive. It is ne Vw in to feed the chickens, and that in fnoH on the second floor he for the lit a feed on the bcioiiu I match, which si-t me i TUB WBATMBB.

i (onielit followed by ur.seUecl warmer. The pa- tled i nun iiriivi cm. I- Manlioua. extends along the hum lliieter. At S.ianton.

to Mr. and "cob JIueMer, of Uio bide. rhnrldpr. At Scranton. to Mr.

and iohii i hclinelilcr. of Willow street, rr.i n-Kfllj. A 1( 10. tl l.rfltlf,rK Vt I.Y of (Jroen venue HeV. U.

.1. IVmiiois olhiiatcd. 1)1101). I'erlr j- At Srrantoii. Dir.

IS. Mrs, Ann Keeley. of 2M I'lttHUm nv-nte Viigh imiM will be eelel.i.-tH.I Hi. elmivh. Atmooka, rUw-Say at 9 In.

m. Interment In Hie Alinuo-' ha' eemelery. Mlnek. At Scranton. Dec.

IINiS. Harvey of 1TSS Uorull.y Fireet. Funeral on at 2 '30 oelock li-irrment -will be mJ le in the J-orest Hill cemetery. Holirrlm At Mei anion. 1.1.

Ati Marv Roberls. of 0 North hum-mV Kuneral ill held Tfe-day urh-, It rinnil will be made in the r-Miuurn lilti'iil temitery. IliHtlim. At Scrant in, He-. M.

Mis Jennie HuKlif'S. 'f'1 mass will In HI. l'airlrk cljurel, on Tuesday at 9 a. m. Interment In (a- Henry Knecht The fimersf serves wil be br ll at the home of l.ls Ki.n-ln-law.

Wlllla-n Ace. of K.17 Direct, on Tnexilay afternoon. Scrrtwton, Dec. jelin Hrl.ro-del, of 7 Vdar T. Jr ik uriii lie.

held at llin at 2 ociock oh tuh at i. 1 ut gion and 'a tonight. and Indiealionh point by une led tla. warmer, that is i i i ri 1 hiaies tl ere as Lee" no piecipua- i niarliiine provinces. HAT TRL'KU EXPRESSION OF KKAUTlr UL -inotwun and heartv regard could one make than to give some dear one an exquisitely cut piece of glass? In the celo-hi-utxi T.ihhev'a "wnrlil's best." we offer a superb array 10 our great counters and cases fairly sparkle, glisten and soliuilate with their precious burdens.

And every purse, no mutter how cultured the taste of Its possessor may be, may here And some piece to lit Its resources. For instance: S-. lack (Ueona) NH a-laea (Glorlrlta) Napple 3. art Sugar aad Cream 4.AO 7-laca Plate (Vera) Celery Tray Uundrtdf and hundreds of othar pieees from dainty little flalti ami Peppers up In every noted aomeatlc and foreign at prices Impossible for other han tha very sTgaat aaa best equipped jobbers and retailers. Walk la aad laafe Ifeui," PEOPLE'S COAL COMPANY FIR IIS COUNTY HID OTHER SMALL OPERATORS ARE TO DO LIKEWISE Geo.

V. Millar Co. Hfr-15 WASHIXGTOK AVBNVB. There will be no. appeals takon by tho Ontario and Western company, thei Peoples' Coal and several smaller coal Interests from the courts decision coneemlnir tho coun-tv coal assessment.

The taxes of, the People' Coal company on their coal holdings, which; mounted to $5,991 on the new rate of 160 per foot -acre recently Bdopted by court, were paid U.K..