TRIALS AND CONFESSIONS.
Some weeks before the occurrence of part of the events narrated in the
last chapter, McKenna had suffered from a severe illness, and for
several weeks was under the constant care of an eminent physician, at
Wilkesbarre, who succeeded in restoring him to comparatively good
health, beside giving him back a fair sprinkling of hair for the
adornment of his previously shining and denuded scalp. The capillary
substance, which had formerly been of a yellow, or light hue, when
reproduced was of a dark, glossy brown, adding considerably to his
personal appearance. In fact, a number of his friends remarked that he
was far more proud of the second than the first growth, because it made
him more attractive to the ladies. However this may have been, when he
again visited Tamaqua and gave further attention to Miss Higgins, it is
true that he found more favor in her eyes than he had while sporting the
red, straggling, and bushy wig. But he had little time in which to press
his suit with Kerrigan’s sister-in law, as Mrs. Kerrigan and her
relatives were all industriously engaged in preparing testimony to prove
the “Babe” innocent of crime. Inadvertently the sisters let fall hints,
now and then, as to the course they were pursuing and the parties on
whom they relied for making oath to Jimmy’s whereabouts the day of the
murder. Very naturally, these confidences were incorporated in the
detective’s reports, and, very naturally again, the prosecution was made
aware of this and other portions of the line of defense to be adopted by
the prisoners when brought to trial at Mauch Chunk.
Passing over a few weeks, during the expiration of which the Agency was
employed in massing testimony in all the cases and placing it in good
shape before the District Attorney, I now come to the first indictment
of a Mollie Maguire, in this country, with a possible chance for
ultimate conviction. This was on the eighteenth of January, 1876, at
Mauch Chunk, Carbon County. The parties arraigned were Michael J. Doyle,
of Mt. Laffee, Schuylkill County, and Edward Kelly, charged with the
murder of John P. Jones. The circumstances of the crime have already
been sufficiently detailed. At an earlier date the three murderers,
Kelly, Doyle, and Kerrigan, had been jointly put on trial, entering the
usual plea of “not guilty,” and demanding a severance. The Commonwealth
was represented by E. R. Siewers, Esq., the able District Attorney, Hon.
F. W. Hughes, of Pottsville, Gen. Chas. Albright, of Mauch Chunk, and
Hon. Allen Craig. For the defendant, Doyle, the Commonwealth choosing to
try him first, appeared Hon. Lin. Bartholomew, Hon. J. B. Reilly, and
John W. Ryon, of Pottsville, Daniel Kalbfus, Esq., and Edward Mulhearn,
Esq., of Mauch Chunk. On the twenty-first of January a jury had been
obtained, consisting of Wm. Bloss, Jonas Beck, Joel Strohl, Dan’l Boyer,
jr., Dan’l Remaly, Abraham Henry, Levi West, Levi Straub, Henry Long,
Peter Cushman, Thos. A. Williams and Drake H. Long. The trial at Mauch
Chunk was well attended by all the celebrities of the Carbon County bar,
much surprise being exhibited that at last there seemed a possibility
that a Mollie might be convicted of a crime. Great efforts were made by
the leaders of the clan to show that not one of the three men charged
with the deed could possibly have been present at the killing of Jones,
as they really were elsewhere, but their trouble and expense came to
naught, from the effective work the detectives had performed and were
performing. The witnesses, so confidently expected to appear, were for
once abashed and afraid to take the stand. They knew they could not
swear to a lie and go unpunished. The old and well tried _alibi_ fell
prostrate, no more to be resuscitated, it is to be hoped, in the
criminal courts of the Commonwealth. Before the end of the cause, James
Kerrigan, of Tamaqua, made known, in a proper way, to the prosecuting
officer that he wanted to give State’s testimony. After a careful
consideration, he was accepted, placed before the court and made a
confession about as follows:
“I live in Tamaqua and have been there six or seven years; am a man of
family and work in the mines. I have known Alex. Campbell three or four
years; met him first at Tamaqua, last September; he lived at Storm Hill
and kept a tavern, selling whisky and porter. I did not know John Jones,
but was acquainted with Michael Doyle and Edward Kelly. On the first of
September last I had been working at Alaska Colliery, in Tamaqua, for
Mr. Richards, and was returning home from work in the evening, when I
went into the hotel, kept by James Carroll, to get a drink. Mr. Lutz, of
Tamaqua, was there, also Doyle and Kelly. I was going out, when Carroll
followed me to the porch, asking me if I would take those men, Doyle and
Kelly, over to Alex. Campbell’s, at Storm Hill. I told him I would have
to go to work at 11 o’clock, but after he coaxed me I promised. He then
made me acquainted with them and I went home to wash myself and get
supper, returning at twenty minutes past seven P.M. (I left work at
about half-past five P.M., that day.) The colliery was nearly a mile
from Carroll’s place. When I got back from the house Carroll treated
twice and walked with us as far as Freidenburgh’s, giving me
instructions not to tell any one that might ask where we were going. At
the New York depot we met Mr. and Mrs. Griffiths and I bade them good
evening. We then walked on to Storm Hill and found Alex. Campbell there,
and his little brother-in-law, a boy of fourteen, with him. Campbell
called me outside, bidding me wait until he had put on his coat, when he
would accompany us to McGehan’s, at Storm Hill, first treating us at his
own bar. He told his little brother-in-law to say, if any one inquired
for him in his absence, that he had gone to a wake. As we went into
McGehan’s, two or three men were coming out; one I know is named Aubry
and I think his given name is William. Alex. Campbell called for drinks
and paid for them. Then he began to whisper, up by the bar. The next
thing I observed was three revolvers. McGehan got them, and took the
chambers out of two and began to oil them out of a can. After fixing
them he gave one to Doyle and one to Kelly. Campbell handed one to me,
but I refused and would not take it. He wanted me to go with the others
and shoot John Jones, but I said I did not know him and would not go.
They then agreed I should stay there that night and they would go with
me to get work in the morning, as they wanted to see and recognize the
boss.
“McGehan and Campbell were saying that John Jones had black-listed some
men that had been working there, and McGehan was one of the three,
another being named Marshall. Parish gave these men a letter to give
John Jones and Zehner, to be reinstated, but they ordered the men away
from the office, saying there was no work for them. Campbell said if
Jones was shot Zehner would then run away. McGehan said: ‘By G——, if he
does not cool off, after this, we’ll give him a ball!’ McGehan said he
was black-listed at Judd’s, also, and there were two men there that he
wanted put out of the way, B. Marble and John Turner.
“We started from McGehan’s at seven A.M., and came down to the Catholic
church and on the road to Micky O’Donnel’s tavern, passing Micky at the
depot, and went up the railroad to Number Six, where Doyle went into a
blacksmith’s shop and Kelly and I went up to a house above, where we
asked a woman if she sold anything. Doyle afterward came up and we got a
bowl of milk.
“We then went up to a Mrs. Davis, and finding she sold porter, called
for three bottles; she asked Doyle where we came from, and he told her
Shenandoah. Then she gave us tea and a good meal. We went out to the
slope to look for work, but leaving Doyle and Kelly, I went to
McGehan’s; still they could not see the boss, so came back and met me.
They failed again to find Jones, and about six P.M. we all went to Alex.
Campbell’s, McGehan carrying the pistols. As a wagon was passing I
wanted to go home on it, as I told them my wife would think me lost, but
Campbell would not let me. Campbell treated us, on arriving at his bar,
and after supper I again wished to start for home, but Campbell
objected, wishing me to go up with the others and shoot Jones at the
house, as he would be coming from the post-office about that time. While
Doyle and Kelly went, Campbell made me get down on my knees and promise
never to tell or speak of the matter, drunk or sober. He then bade me go
up and see where they were. I met them this side of Micky O’Donnel’s,
and Doyle was sitting on a stone. Kelly said he had been into a house
and asked if Jones was at home, and the person said he was not.
“On returning to Campbell’s, this house was described to Alex., and he
said it was Geo. Hooley’s house, not Jones’. We stopped at Campbell’s
all that night, and they were fooling with the cartridges. Kelly said he
would take Campbell’s small revolver along in the morning, and shoot
Jones as he was going to his work, and not let him off with one ball,
but give him three or four. Michael Doyle had the old pistol and the
black-jack, and Kelly had the other two. Campbell advised them they need
not be a bit afraid, for no one would ever follow them, as Jones was not
liked by the Welshmen or any one else. ‘You can have this,’ said
Campbell, handing me a five dollar bill, ‘and buy them some whisky and
give them enough to pay their way home on the cars.’ I gave the bill to
my woman when I got to Tamaqua, and she got a pint of whisky of Mrs.
Clark, who could not change the bill. I took the liquor out to them at
the spring where we were arrested.
“Campbell told Doyle and Kelly to be sure not to be seen at Carroll’s in
the day-time, but to go in the night and leave the pistols there, and
then go home on the cars in the morning. He also told them this the
night Carroll came up the railroad. Then Doyle said: ‘By G——, they are
after us! There is Carroll!’ and he started to run. I joined the society
in Campbell’s cellar, thinking it the A. O. H. A man named Donahue put
me through. I did not know it was the Mollie Maguires until Barney
O’Hare was burned out at Tuscarora. Slattery got and paid Alex. Campbell
to send the men. I was at Campbell’s when they started.
“I made this statement before Doyle’s conviction. I received no reward
from Campbell for showing the men the road, and the five dollar bill
which we could not change I have since sent my wife from the prison by
Wallace.
“The order of Mollie Maguires is an organization to murder, and the men
do not speak of their plans at the public meetings but the Bodymasters
employ men to do the work for them.”
After this, Mrs. Kerrigan turned against her husband and said he might
hang. She would not raise her hand to save him.
During the trial, McKenna, who was in attendance, ostensibly as a
spectator, but really to find out all he could, came across a man named
Durkin, who told him he was ready, in the event that the Mollies were
convicted, to blow up the court-house edifice, killing judges, jury,
attorneys, officials, and innocent spectators, having procured a can of
nitroglycerine, which he had safely deposited in a shop near at hand.
The agent informed the desperado that he was very foolish to concoct
such a plot, and would be still more silly should he endeavor to put it
into operation, as he could make sure of being captured and strung up by
the vigilance committee, to the nearest tree. As the attempt was never
made, it is probable that the reckless fellow was sufficiently
frightened and wisely decided to abandon the idea.
Kerrigan’s confession having corroborated, in every important
particular, the stories of the other State’s witnesses, on the first of
the ensuing February the jury returned a verdict of “guilty of murder in
the first degree,” and, on the twenty-second, the Court sentenced
Michael Doyle to death. This was noteworthy as the earliest conviction
and disposal of a real Mollie in Pennsylvania, and the news spread
rapidly, far and wide, carrying consternation and dismay into the ranks
of the organization and shocking the nerves of the leaders everywhere in
the State. During the progress of the trial the Mollies had been bold
and defiant, and many of their principal men were on the spot,
expecting, as they expected to live, to witness the defendant’s release.
How deeply they were disappointed. McKenna was among the first to
receive intelligence. He said that the unforeseen result had come upon
the order like an earthquake in a quiet village. Everybody was
dumbfounded.
Edward Kelly was placed at the bar before Judge Dreher, the twenty-ninth
of the succeeding March, and although ably defended, met with a similar
fate, a verdict of murder in the first degree having been returned by
the jury on the twelfth of April following. Death-warrants were issued
by the Governor in both cases, fixing the execution of Doyle for the
third of May, and that of Kelly for the fourth of the same month. Writs
of error in the Supreme Court, however, superseded the death-warrants,
and all of the murderers of John P. Jones, and those implicated before
and after the fact, at this date, are still unexecuted. In February,
1877, Edward Kelly made a voluntary confession, clearly showing that he
had not been wrongfully charged or convicted, and substantiating the
words of Kerrigan to the letter. He did not expect or ask for mercy,
but, before dying, desired to purge himself of his crime, and was given
the opportunity.
These cases failed in the Supreme Court, and in May, 1877, Gov.
Hartranft signed the death-warrants, the executions to take place on the
21st of June following.
Returning to Shenandoah, after the adjournment of Carbon County Court,
McKenna rejoined his friends, the Mollies, and silently acquiesced in
the “sweet” prayers of all the organization for the “dear” judge and
jury that had convicted one of their number. They were terribly
mortified and annoyed through the failure of their plans, and were at a
standstill.
Jerry Kane took the cue early, and fled from the country. Hurley
preceded him, and the remainder, now fugitives from justice, stopped
awhile to see the full result of the matter.
Barney Dolan, the great, at this time was outspoken against Kehoe,
exclaiming in his mild way, that all the pending troubles came from the
County Delegate’s own inefficiency and unpardonable blundering. He added
complacently that, had he been the incumbent of the office of County
Delegate, it could never have occurred. He would have taken ten or
twelve good men, marched to Mauch Chunk, captured the jail, and released
the prisoners. Barney was allowed to have and enjoy his boast, but there
were those present who thought even he might not have saved the
defendants from conviction.
Kerrigan turning State’s evidence was the most stunning blow the Mollies
had thus far received, but they knew not, at the time, how much heavier
strokes were yet in preparation to fall upon their villainous heads.
Some of the tribe, Jack Kehoe included, would not believe the report
that a Bodymaster, especially one who knew so much of the cruel crimes
of the society as Kerrigan, had assumed the work of informer. He even
went as far as to say that some of the State’s officers—Capt. Linden
very probably—had originated the story for the purpose of inviting a
person to do just what they accused Jimmy Kerrigan of doing. He was more
inclined to the thought that Ned Monaghan, who had been seen, he
alleged, at a suspiciously late hour, coming out of the editorial rooms
of the Shenandoah _Herald_, was engaged in the character of spy, and
accused him of having inaugurated the movement by publishing the names
of the chief Mollies. “At least,” concluded King Jack, “somebody in
Shenandoah is at the head of the game for injuring the organization, and
I am determined to learn who it may be!”
At this juncture McKenna suggested that, to make his own work more
effective, he might be arrested on a trumped-up charge of having been in
some way connected with the Yost tragedy, after which, when incarcerated
with other prisoners, he could safely form plans for learning all their
secrets, and possibly obtain important confessions, in the presence and
hearing of other witnesses, which would lead to new arrests and at least
make sure the conviction of all that had been captured. Linden urged the
same thing upon Mr. Franklin and we were about to arrange the scheme in
accordance with the line indicated, when a series of startling events
transpired, which concluded the chances for such work proving
successful. The Mollies thought they had discovered who was the traitor
in their ring.
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