The citizen. (Honesdale, Pa.) 1908-1914, October 30, 1912, Image 1
ttaett. Flno Job Work Promptly Ex ccutcd at Tho Clti7.cn Office. Subscribe For Tlio Clti? Hio Pcoplo's Fnmlly Paper; " i.50 Per Ycnr. ; t 8 Q 3 - 70th YEAR -NO. 87 HONESDALE, WAYNE CO., PA., WEDNESDAY, OCTOBER 30, 1912. PRICE 2 S JNTS MARSDEN HUBBARD PLEADS "NOT GUILTY" ury Drawn in Less Than Three Hours First Witness Called Tuesday Morning--Fiiay Finish To-morrow After tho usual court business on ondny afternoon tho case of tho oiumonweaun against .iiursuuu j. niin.ird was cancel ior tnui. uis- lct Attorney M. B. Simons announc- that he had ten criminal cases to o tried mis ween, iwo 01 wuiuu ave been practically disposed of by H UIMIMlUaULa UlUUIilllft hUllUi 1 "VJ ere Com. vs. Frank Koelng for as ault and battery and Com. vs. Wm. Polt. Jr.. larcency. Sentence m . ...in .. ........ i n iwn Piisna will uu uiuuuuuiuu liic itter part of the week. The Waymart homicide case was hen taken un. Marsden a. iiuu- ard was arranged before Judge A. Searle and tho question pur to lm by the District Attorney after he reading of tho Indictment charg ng blm with tho murder of Thos. lolphin last July at Keens, as to nether he was guilty or not guilty, le answered "Not Guilty." Hub ard sat at his counsel's table with iinrnnvs i' . f. ivimuiu uuu v . xi. ,ee, He was told to stand up wmcn io promptly did. Prothonotary W. r. Barnes pronounced tho customary nterrogatlons: "Are you ready for Mii. rlnl7" "Voa " rnnllpH Hiihhnrd. 'How will you be tried?" to which old that he had the right to cnai. ence twenty tnd more If shown. The work of empanelling a jury t it. i . - .. .1 r- f , twenty-eight names called there were sixteen challenges but tho panel was complete In less than three hours. The jurors drawn to try the case are: EMERY BLACK, farmer, Lake. 8. I). BARXES, miller, Starruccn. V. E. BUSH, carpenter, Lejiigli. IS. M. BRIGHAM, teacher, Damascus. N. P. DEXXIS, farmer, Damascus. GEORGE Ij. ECK, farmer, Dyberry. II. E. FRICK, farmer, Sterling. J. ADAM KRAFT, insurance agent, Honesdale. OLIVER LOCKLIX, farmer, Pau- pack. A. SIMPSON, Drcher. J. STONE, lalwrer, Salem. JOHN W. WATSON former, Salem. Judge Searle congratulated tho at jjEPiymljcJ BOROUGH COUNCIL BANQUETED where body lay. Exhibit No. 2 show ed house occupied by tho Dolphin family. Exhibit No. 3 was a picture of bedroom doorway taken from the living room. Exhibit No. 4 picture of bedroom from doorway. Exhibit No. 5 was a picture of samo room from different angle showing door and dresser. Exhibit No. G shows body of Thomas Dolphin, show ing bullet wounds. Exhibit No. 7 was the picture of doorway leading Into dining room from living room. Exhibit No. 8 Is picture of doorway leading into bedroom, showing door closed. Exhibit No. 9 shows bed room from living rooms, almost di rect view. DlBtrlct Attorney Simons present ed the photos to the jury and ex plained that they were to show tho position of the rooms In tho Dolphin house where tho shooting occurred. William James sworn: He stated that 'he lived in Canaan township about 40 rods from the homo of Thomas Dolphin. He said ho was Mrs. Dolphin's uncle. His testimony ran as follows: Dolphin's family consisted of his wife, his wife's moth er and two children, aged 5 years and 2 years respectively. I was at tho Dolphin home on July 27 in the evening. Mr. Hubbard came after us and we went over and remained Jurors pre-emptorily about an hour and a half. Later In sufficient cause bo the night we were aroused by Mr. Hubbard and Mrs. Dolphin and Mrs. Leonard and Hubbard told mo that he had shot Dolphin. Myself and two sons, Earl and Edward, and Mr. Edward Moran -went up to the Dol phin house. A light was burning In the front room and I went In and blew It out. We then went to sev eral neighbors' houses and got them to go back with us. Here he was Interrupted in his testimony 'by the question from the prosecuting at torney as to whether anyone else had been at the house while they were there. Mr. James answered "No." He said that as they were going home his two sons and Frank Davis .were returning 'from Waymart where they had gone early In the evening. They stopped at the house and then they had all gone home together. They were not aroused again until about one o'clock Sun day morning. Mr. James testified to torneys for the Commonwealth and-1 -? -Cbarl.es Kejseler. Romich To vote the, Republican ticket, Not ember 5, 1IM2, place an X In the Iniv at tlio hciul of the first column, as Indicated, on the margin of tlio ballot. This Includes the Taft elec tors anil all tlio Republican candi dates mimed at tlio primary election anil State convention. For the In formation of tlio voter tlio Republi can ticket Is hereby printed in full. for the defense for their efficient method of Retting a jury and stated that he was -very much pleased that the work had progressed so Bpeedlly. After the jury was sworn, Constables U. W Mills of Mount Pleasant and J. W. Sherwood, of Preston were put In charge of the Jury, and wefe id wait upon them throughout the con tinuance of the case. The Jury was taken to the Allen House for supper and cots were fitted up In the court house for their occupancy Monday night. Court adjourned at 4:60 to meet Tuesday morning. Tuesday Morning. The court opened at 9 o'clock this morning to resume the case. Dis trict Attorney Simons gave a short account of what would be proved by sheriff arrived. the prosecution, lie said: I "Gentlemen of the Jury: It Is one of the sad duties of the prosecuting attorney that he has to prosecute people who have offended against tho law ,H we will not spend much time your opening address. The testlm,ny of the witnesses will speak for Itself. The defendant Is Mars den Hubbard who you see sitting at the defendant's table. Ho came to Wayne county Bome time previous to July 27 last and became acquainted with tho family of Thomas Dolphin. He spent some tlrao In that neighbor hood while working for a neighbor and practically made his home there, and according to this neighbor and as I understand had a suitcase at tho homo of Thomas Dolphin, going there Saturday nights and spending Sunday there. His acquaintance with the family progressed so rapid ly that on July 27 ho went to tho neighbor's house, where he former ly worked and Invited the family up to Dolphin's place to spend a few hours of tho evening. After a few hours they went home and later' they were aroused by Mrs. Dolphin, the defendant and the former's mother, Mrs. Leonard. Tho defendant tells James that he has shot Dolphin. Mr. .Tamps nnd son eo un to tho Dolnhin J houBQ but did not go In and after nnltlnn nAKn.nl .Mmt T. n t ll 1 - tj won In the house and found Dolphin dead, lying on the kitchen floor In tho doorway leading Into tho dining room from tho kitchen. Ho had been shot and was dead. "We propose to go on and show you whero he was shot, tho examina tion made by the coroner and by the undertaker and having shown you these acts wo aro going to ask you to decide this caso as to whether or not the defendant Is guilty or In nocent. "The case will developo as you have heard tho evidence. Thomas Dolphin lived In Canaan township, near the borough of Waymart. Ho had lived there several years with his wife and family and his wife's moth, er, Mrs. Laura Lonord." J. A. Bodio. Jr., -was tho first wit ness called by tho prosecution. Ho testified that he was a photographer living In Honesdale. That ho had -been in tho business about eight years and had taken photographs of tho Dolnhin bouse tho morning after tho shooting. "Kino exhibits of pho- tntrr.inhs were admitted as evidence Erhlblt No. 1 was a picture taken from dining room, looking Into the kitchen of Dolphin homo, snowing Moran, Earl James and himself, to go in the house and look for Dol phin. He said that he had gone In first. The body was found on the kitchen floor and was lying on the left side. The right hand was up raised and in the hand the dead man oiutcneu a taoie tork which was pointing downward. The narty con eluded that the man was dead and went away. This was probably 2 o clock Sunday morninir. Thev tried to get word to the Coroner at Hnnes- dtile and the Sheriff but It was about hair-past four o'clock before they were notified. Mr. Kimble came to my house accompanied by the sheriff, Hubbard was at my house at the time. He had gone to the Dolnhin house to get his clothes before the KEPUDLICAN. For President nnd Vice President. TAFT AND SHERMAN. Presidential Electors. I. Layton Register, William A. Hclzman, Samuel J. Walnwrlght, John P. Harris, 'Robert E. Altcmus, John Diok, Qeorgo Jay Elliott, John R. K. Scott, W. J. McCloskey, Robt. M. Griffith, Frank H. Cavon, Frank W. Munn, Robert P. Calrnes, Abram T. Eastwick, Horace L. Hajdeman, Edwin M. Rlne, Henry W. Palmer, Henry H. Brownmlller, Fred. D. Ger nerd, William C. Sechrlst, Malcolm McDougall, Wm. H. Helm, John Henry Deardorff, James Lord, Josiah D. Hicks, Calvin Gilbert, David Howells, Sylvester F. Bowser, William E. Crow, Norman E. Clark, Frederick Felix Crutze, Herman Si mon, Robert Locke, William Schnur, Georgo H. Douglass, Howard B. Oursler, C. Elmer Bown, Patrick H. McGulre. STATE TREASURER. Robert K. Young. AUDITOR GENERAL. Archibald W. Powell. REPRESENTATIVES IN CONGRESS AT LARGE. John M. Morln. Ferderick E. Lewis. Anderson II. Walters. Arthur R. Rupley. REPRESENTATIVE IN CONGRESS. William D. B. Ainey. REPRESENTATIVE IN THE GEN ERAL ASSEMBLY. H. Clark Jackson. ly Postmaster Allen Saturday Even ing In Recognition of the Efforts of Council In Fitting Up n Fiist-Class PoMoffire. Tho Allen House was tho scone of a most elaborate banquet on Satur day evening when Postmaster M. B. Allen Invited tho members of tho borough council and tho burgess to feast with him In honor of tho new homo of tho Honesdalo postolflce. Tho members of the council who were present were: Martin Caufield, president, George W. Penwarden, treasurer; John Erk, secretary; H. C. Rettow, S. T. Ham, W. II. Krclt nor. Thomas Canlvan and Burgess Chas. A. McCarty. The party sat down to the table at eight o'clock and from start to finish the banquet was a decided success. A most elab orate menu was served. After par taking of the good things to eat, Postmaster Allen arose and explain ed tho purpose of tho banquet. He said that ho had taken that way to show the council and tho burgess that 'he, as well as the postal em ployees and the patrons of the oiuce, were well satisfied with tho room that had been fitted up by the council for tho postolflce In the city hall and that he thanked them lor making tho Honesdale postofflce one of tho best equipped offices in this nart of the state outside of olllces in Federal buildings. President Cau field called upon Burgess McCarty to respond, which he did by going In to the developments of the town in the nast and Its chances for develop ment In the future. The party ad journed at ten o'clock after having a social chat and cigars. VILLAGE OF ARIEL VISITED BY FIRE Cross-examined: Questioned by At torney F. P. Kimble to the position of tho body, he said that it lay on the left side and the fork was clutch ed In the man's right hand which was extended upward. .Mrs. Laura Leonard sworn: She testified that she was the mother of Mrs. Dolphin and that Mr. and Mrs. Dolphin had lived with her since they were married. Sho said that Hubbard was there tho night of tho trouble and that he was to occupy the bedroom off from the living room. Dolphin always slept up stairs. I knew Hubbard bad a re volver for I had seen him shooting at targets a few nights before. (Hero tho revolver was given to her to iden tify. Tho stenographer took four bullets from tho chamber, showing that two shots had been fired from it.) I heard the shooting when it occurred In tho bedroom whero Mr. Hubbard slept. Dolphin came out of tho room first, Hubbard followed him out, Dolphin went Into the din ing room and Hubbard closed the door between tho two rooms and held It fast so that wo could get out of the house. Cross-examined: I kept a boarding house, and Hubbard boarded with me. Ho was my guest. It was not Dol phin's house. They boarded with mo. When I heard tho shots I wont into the kitchen to get the lamp and came back. I was behind the stovo When Dolphin camo out of tho bed room. Dolphin struck at mo with something I supposed to be a fork but was not sure. Ho did not hit me but broke the chimney on the lamp. Frank llomlch sworn: Said ho lived near Hubbard's Stock Farm, about half a mllo from the Dolphin place, and ho was thero on tho day following the shooting, having gono after Mr. James camo for him. His testimony was the samo as James' as to the finding of the body. Edward Moran sworn: He also tes tified to being there when the body was found and corroborated tho test! mony of tho other two witnesses. Dr. P. B. Petersen sworn: Ho tes tified that he was tho coroner and was holding that offico on July 27. He said that 'he was called to tho scene of the shooting and arrived there a little after six o'clock Sun day morning. Ho said that be ex amined tho body and probed the wounds for the bullets. The direc tion of the wounds was upward and to tho right and to a dopth ot threo Inches: He said that the cause of Dolphin's death was caused by bul let wounds. E. J. Burns sworn: He stated that he was an undertaker and lived In Carbondale; that he dressed the body of Dolphin Sunday morning fol lowing the shooting. He testified that tho man clutched a table fork when he saw It first. The fork was held loosely in the right hand and it was nn of fort to. take the fork-out the "hand." HeMestlfled :Vo there be ing four wounds5 on the body, one In the loft arm. Cross-examined: He admitted that rigor mortem might have set in and passed off before he got there at 10 o'clock in the morning and in that case the grip on the fork would have relaxed before 'ho arrived. N. B. Spencer sworn: He stated that he was tho county detective and had been on the ground on July 28 He described the house occupied by tho Dolphin family. Thero were four rooms on the ground four and a shed attached to the kitchen. Tho front room ifaced the railroad and was 1C feet 10 inches by 14 'feet 9 Inches. The dining room led off the front room to tho back and was 12 feet Gxl3 feet. The kitchen led off the dining room. The bedroom in which the shooting occurred was directly off the front room and was 11 ifeet one way and 0 ft. 9 Inches the other. The bed took up tho greater portion of the room. F. C. Kimblo sworn: He testified that ho was tho sheriff of Wayne county and was there Sunday morn ing, July 28. Ho saw Hubbard at Mr. James home and made him prisoner. They gave him the gun and it had four cartridges In the chambers. When asked If Hubbard had said anything to him voluntarily ho said that Hubbard bad said have shot a man and did It In self-de fense." Dr. Petersen was again called: He described the wounds on the body saying that they were circular In shape and clear cut. lie said he urn not find any bullets when he probed He -found shells on a stand In the bedroom where the shooting took place. When asked how long It took for rigor mortis to set in, lie said that ho could not tell for circumstances altered cases. Ho said that ho was in the opinion that it took from four to live hours. It was between four and five hours nfter tho man was dead that ho arrived at the Dol phln 'homo. N. B. Spencer again called: H Identified the shells taken out of the revolver by tho stenographer as be ing the ones that were In the gun when he had seen It on September 17 In the district attorney's office. He said he could tell by the marks on them. M. E. Simons sworn: He testified that ho had received the revolver from the sheriff In tho same condi tion that it was now. On being cross-examined he said that the gun had 'been in his -possession ever since Se -received- It with the exception of one iay when Dr. f etersen examin ed it. N. B. Spencer again called: The roof of the .bedroom in which the shooting took place was offered in evidence and he was called upon to show tho Jury "where the bullet had nntered it. He said that the bullet he had had been found embedded In the door. Court adjourned -at 12 o'clock to meet again at two o'clock this after noon. ELEVATOR FACTORY IS GROWING THREE MEN HELD UP TRAIN If Good Weather Prevails Tills Week Considerable Work Will be Ac complished Ready for Struc tural Steel. The new factory building for the Gurney Electric Elevator Works will grow this week, -providing that there Is good weather. On Monday there were seven bricklayers at work on tho structure. Patrick McHale, foreman, arrived from Philadelphia, the first of the week and is now In charge of this department of the construction. About 18 tiers of brick has been laid three quarters ot the way around tho main shop. The concrete window sills, which are made upon the ground, were set on Monday when tho brick laying was resumed. The force of men in this line of work will Increase In a few davs. One-half of tho shop Is graded and ready for the steel structural, work, Tho steel is expected by tho middle of November. Everything Is In read iness to go to work aB soon as it ar rives. Mr. Natress, who represents Day & Zimmerman, architects, of Pniia- delphla, has taken a series of good pictures following tne course oi con struction of the building since opera tlons first began. Mr. Engable, a member of the F A. Havens' company, was a weeK end visitor In Honesdale In the In terest of tho concern. Work Is progressing nicely taking it as a whole. Lakesido Town Is Threatened With Total Destruction Friday Morn ing Last. ' For a time Friday morning the en tire business portion of Lake Ariel was threatened with destruction by flames. As It was two buildings, tho Bell Telephone exchange building and Samson & Cook's general store were totally destroyed and the First National bank badly damageu. ino loss will probably reach f 1D.000. Thero is an air ot mystery sur rounding the fire. The blazo started In tho Samson & Cook storo aDout & o'clock. The building Is a two-story wooden structure. Tho second lloor is occupied by Casper Samson and wife, who were asleep at the time. Passersby discovered tho blaze. Tho Hrst floor was already a mass of flames, cutting off all chanco of egress to the occupants upstairs. Ladders were secureu auer ino en tiro neighborhood had been aroused, and Mr. and Mrs. Samson were taken out of the second-story window by means of ladders, in their nignt clothes. They were taken to nearby homes for shelter. Neither was injured, save from tho severe shock. Tho flames spread to the telephone ex change adjourning. There Is no fire company In the town and all efforts were directed toward saving me au jolning buildings. The two wooden buildings were consumed, together with their contents. The second floor of the exchange building was occupied by M. J. Emery, cashier of tne L.aKe Ariel National bank, and family. Officials and stockholders of the bank to the number of about twenty, formed a bucket brigade and kept tho build ing from being destroyed. Tne duuu ing is of concrete, but the flames ate their way in through the wooden casings, doing considerable damage. It was only the copious rains recent ly that saved the entire town from being wiped out. Huge sparks and burning embers were lifted high in the air and dropped onto roofs of the buildings for a wide area. Robbed Express Car of $3,000 Burns Bridge Rends Like "Diamond Dick." (Special to Tho Citizen.) DENISON, Texas, Oct. 29. Early this morning three men flagged a train on the Missouri, Canada and Texas railroad, covered tho crew with revolvers and robbed tho express car of $3,000. Ono of tho crew flagged the ex press train, ordered tho engineer to uncouple the baggage and express cars 'from the train and with tho en glne proceeded some distance to a bridge, which tho highwaymen had previously set on fire. Tho other two then mounted the express car, covered the messenger, cracked the safe and secured $3,000. SMALLPOX AT SALEM. Salem has two cases of smallpox, tho patients being Eugene and Nellie Boland. children of Mr. and Mrs. Anthony Boland. Dr. II. C. Whlto, of Lake Ariel, who was called In to attend the sick children, notified the 'health authori ties. It is said ono of tho Boland daughters has been taking music les sons In Scranton recently. Whore, or how, tho disease was contracted, Is not known. Roland's home Is about six miles from South Canaan whore thero are four cases of tho disease under quaran tine. DOLPHIN HOME, NEAR WAYMART, WHERE HIE TRAGEDY COMMITTED. WAS SOCIETY BRIDE-TO-BE MUR DERED. (Special to The Citizen.) CHICAGO. Oct. 29. Miss Sophia Singer, aged 29 years, was robbed of $45 In money and jewelry to the amount of $1,000. She was after wards murdered by Charles Conway, a professional nign diver. Tne ais- covery was made by the landlady who found blood on the stairs ana in the 'hall of her boarding house. She traced the blood from Miss Singer's room to Conway's. His door.was locked. Police were called and they broke In the room. Miss Singer s cold body was lying on Conway's bed. Her skull was fractured and a towel was tied over her mouth. She was also tied with a rope. Miss Singer camo to this city from Baltimore three weeks ago to wed a real estate man to-uay. sue was a member of one of the wealthiest families In Baltimore. BALL OF THE RED SOX IX HONESDALE. Mr. and Mrs. Neal Ball, the form er of the team of the world renown ed Red Sox champion base ball play ers, and Mr. and Mrs. G. E. Clark, all of Bridgeport, Conn., were guests of Mr. and Mrs. J. J. Moore from Thursday of last week until Monday. On Saturday evening their host and hostess entertained for them, "500" being the amusement indulged In. The-'party inotored as far as Madlsonvllle Thursday, where, they left their cars, leing unable to pro ceed to Honesdale owing to the bad condition of the roads. Neal Ball played In the first game in the world's series between the Red Sox and the Giants, but owing to a broken finger of his left hand he was unable to enter Into the ser ies. The digit was fractured a few weeks aco. but on account of Its not being properly set. it has been brok en twice since. The Red sox "uan player was highly elated with our town and expressed appreciation an to the hospitality of Its people and fans. VICE-PRESIDENT HOLDING HIS OWX, (Special to The Citizen.) TITIPA. N. Y.. Oct. 29. The con dition of Vice-President Sherman Is Blightly improved today. Dr. Favette II. Peck, his attending physician posted a bulletin to-day that ho had a comfortablo night, but If ho died It would not be a surprise. Mr. "Sher man Is suffering with a weak heart. HONESDALE WOMAX ELECTED TO OFFICE. The biennial convention of the Women's Synodlcal Home Mission society of the state of Pennsylvania closed a three days' session at Wll llamsport Thursday by tho election of tho following officers: President, Mrs. William Edgar Glel, of Doylestown; advisory board, Mrs. S. P. Harbison, of Allegheny, and Mrs. W. B. Holmes, of Hones dale; vice-presidents, Mrs. J. W. Sharpe, of Chambersburg; Mrs. W. W. FIske and Mrs. S. A. Reeder, of Philadelphna; Mrs. J. R. Harrah, of Pittsburg, and Mrs. J. E. Ramsey, of Wllllamsport; corresponding sec retary, Mrs. D. F. DIefendorfer, ot Erie; secretary of literature, Mrs. R. A. Stewart, of Washington; Young People's secretary, Mrs. W. T. Schef fer, of Harrisburg; Freedman's secre tary, Mrs. P. W. Lowry, ot Butler; secretary of Westminister guilds, Miss Mabelle Furst, of Lock Haven; secretary of contingent funds, Mrs. C. T. Evans, of Pottsvllle. Erie was chosen as tho place for tho next meeting. FATHER AXD SOX KILLED RY CARS. (Special to The Citizen). SCRANTON, Oct. 29. D. W. Wise man of Fleotvllle, aged 82 years, died today In the State Hospital following an accident threo weeks ago when ho was struck by a Dolawaro, Lack awanna and Western train. Wise man's father was killed In a similar manner 30 years ago. CHILI) TERRIBLY CRUSHED. Struck by an engine which ho did not seo approaching, Joseph, McKen na, aged four years, whilo playing on tho 'mine track near his homo In Forest City Friday afternoon, had one of his hands and both feet so badly crushed that tho mombers had to bo amputated, Tho boy's feet were amputated above tho ankles. He was taken to Emorgency hospital, Carbondale. HITTEX RY A DOG. Virginia, llttlo daughter of Mr. nnd Mrs. John Carroll, ot Rldgo street, was bltton on tho thigh by a dog. Tuesday morning. Dr. L. B Nielsen was called and cauterized tho wound. PKESTOX MAX SUCCUMBS TO INJURIES FROM TRAIN. John Walsh, aged 29 years, of Preston, Wayne county, died In tho Mercy hospital Friday from Injuries sustained. Walsh was found along tho Jersey Central tracks at South Wllkes-Barre with his skull fractur ed, both legs mangled and ono hand crushed. Tho accident happened near tho old pattern shop of tho Vulcan Iron works. Ho was evidently run down by a coal train which passed Wllkes Barre shortly before ho was found. Ho was taken to tho hospital In tho police patrol, which responded first. Tho body was removed at uoon to tho homo of his mother, Mrs. Bridget W'alsh. Married at Presbyterian Manse. Miss Anna Mabel Moase, daughter of Mr. and Mrs. Wlllington Moase, of Pleasant Mount, and William A. Tanner, of Aldenvllle, wore married at 11 o'clock Thursday morning In tho Presbyterian manse, Carbondale, by Rev. Charles Lee, D. D. They wero unattended. They loft Immediately on a honey moon trip and upon their return will take up their residence In a newly furnished bome In Aldenvllle, whero Mr. Tanner Is foreman ot a factory for the Clinton Cut Olass company.