The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-01-30
Case HERRING IN THE CITY THEY ESCAPE LIGHTLY
Joseph and JOhU WOelkeTS Sentenced by
Judge Archibald 10 Pay Fines,
HIS WORDS IN PASSING Sentence

Receive Full Protection from the
Court-Not Proper to Kill a Man to
Affect an Arrest-Long Petition Pre-
sented to Court in Behalf of the
Woelkers-Cases Tried Yesterday.
Constable Joseph Woelkers and his
brother, Special Officer John Woelkers,
who were convicted at tho last term Of
court Of having brutally assaulted and
seriously injured john Schalasny of the
South Side, for WHOSE arrest they had
warrant, were called up for sentence
before Judge Archibald yesterday.
Attorney M, W. Lowry made plea
for mercy and presented a long petition
from citizens of the Eleventh ward
asking for clemency. There was also a
petition from seven of the Jurors who
convicted the men, asking that light
sentenced be imposed. In passing sen.
tence Judge Archibald administered
the following rebuke to over-zeslous
officers
The petition for clemency in this case is
known ana reputable residents Of the
Eleventh ward. In addition to the general
character Of the citizens who have signed
the petitions praying for clemency we have
the signature Of Martin WoyJhner, the
prosecutor in the case ana that Of Father
Aust pastor of the church of which the in
Jured man is a member, desire 1t TO be dis
tinctly understood that all classes In this
community shall receive full protection
from this court
No OPPRESSION. TOLERATED.
1t has gone abroad that a certain class
of people Is subject to oppression by GER
tain officers Of the law. Notice has come
through the courts aud through the pub
lie press that officers have used their of.
| fetal positions to eXtort money from Others
who have come over here more recently
IAN themselves and are less acquainted
with the manners aud customs Of the peo.
pie Of this country. When the case now
under consideration was tried charged
the jury to take as favorable view as pos.
sibe Of the defendants, one Of whom was
an officer OF the law aud the second Of
whom was called to assist in making the
arrest. Indeed | wauld not look with dis
approval on a verdict OF acquittal OF both
defendants.
Yet here was a man who was very near
ly killed and for Il time it was doubted
that he could live. Itis difficult to con-
vince the average citizen OF the necessity
of killing man in order to arrest him.
The jury viewed the matter in this way
| and | think their judgment was right,
| though my charge was favorable to the
defendants. The jury finds that Joseph
Woelkers, the constable, Is guilty Of
aggravated assault and battery aud John
Woelkers of simple assault and battery.
THE PETITION RECEIVED.
The punishment for aggravated assault
and battery involves tine and imprisou-
ment, but | can hardly dispense with
| both But the defendant is an officer OF
the law, and there is strong petition here
from friends and neighbors Of Mr..
Woelkers. 1t is signed by some of the fell
| low-countrymen OF the injured man, aud
| by Father Aust, the pastor of bis church,
and by the prosecutor iu the case. have
laid all before my colleagues on the bench
and the sentence am to impose has met
with their approval.
There is another fact that would tend to
mitigate the sentence. have here petit
tion signed by seven Of the jurors who
tried the case, and a letter from Mr.. Wood.
ward, another juror, ard all say that a
modified sentence would be satisfactory TO
them. The conviction is Il sufficient warn
ing TO officers not to step beyond their
power in making arrests and that pers ons
subject to arrest must be dealt with more
moderation.
Judge Archibald then sentenced Jo-
seph Woelkers to pay fine of $50 and
costs, and John Woelksrs to pay fine
| of S25 an costs
BEFORE JUDGE ARCHIBALD.
Judge Edwards is presiding in court
room No 2 this week, and before him
yesterday morning the first defendants
called were ], Japichick and J. Spul-
rick. charged with assault and battery
by Frank Peruk ank Andrew Sorota.
The trouble occurred at Olyphsnt at
the defendants boarding house, After
all the Testimony was in, Judge E |.
wards said he was unable to discover
that any person had been assaulted and
sent the jury out to dispose of the
costs They divided them equally.
John Gerski, Adam Mokloski and I.
Kranick were then arraignsd, charged
with assaulting boy namsd A. Shul.
koski Ex Judge Stanton appeared for
the prosecutor and Attorneys Joseph
O'Brien and NJ F. SIndo for the de-
| PENDANTS.
TROUBLE AT A WEDDING
The case is the outgrowth of trouble
at wedding on South Washington
avenue several months ago The boy
and number of companions were
"horning" tho bride and groom and
the defendants dispersed them. 1t is
alleged by the prosecution that they
severely injured the boy, but the de.
PENDANTS maintain that they used only
sufficient force to compel the boys to
withdraw,
The case was on trial when conrt
| adjourned