The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-10-13
TOBAN Stole THE Shoes
So Judge Edwards Said Yet the Ac-
cussed Mas Found Not Guilty.
A TECHNICATLITY THE CAUSE
AWoman Not Chattel, Says Judge Lynch.
Her Husband Has No Right TO Keep
Her in House Against
Her VIII.

John Toban, Of the South Side. who
was tried yesterday before Judge Ed
wards for the theft of shoes from N q.
Goodman's store, on Lackawanna ave-
nue., on July last, walked out from the
court room a free and very happy man.
Toban was ARRESTED on July s in sa-
loon In Centre street, where he was try
ing to sell varied assortment of shoes
for which he wanted 81. The shoes
were Identified as portion of the stock
of Mr.. Goodman, but when the case was
tried yesterday the commonwealth was
unable to prove that they had been
stolen.
As that was the first essential neces-
sity to make out case against Toban,
Attorney Joseph O'Brien, who repre-
scented the prisoner, asked Judge Ed
wards to direct the jury to return ver-
dict Of not guilty. The merits Of the
point were argued at length by Mr.,
O'Brien and District Attorney Kelly,
the latter contending that there was
sufficient evidence that the shoes had
been stolen by Toban to allow the case
to go to the jury. Judge Edwards, how
ever, decided that the commonwealth
had not made out case and directed
a verdict of not guilty.
Toban, overjoyed, grasped Mr..
O'Brien by the hand and shook 1t
warmly. Just then he was directed by
Judge Edwards to stand up before the
court, which summons caused him to
look very grave again.
Escaped Technicality.
"Mr. Toban, you have escaped by q
technicality," sternly said Judge Ed
plc 10 tn I'M
that you stole those shoes, but you
be lesson and warning to you. Go
home and hereafter be an honest man
and good citizen"
Toban had been in Jail since his arrest
on July 3, and as soon as Judge Ed
wards finished his lecture the ac-
quilted man rushed over to the pris-
oner's box, got his hat and tore out
through the court room with a clat-
ter that awoke all the Upstairs and
caused their staffs to beat a tattoo on
the floor.
The case of Mrs. Catharine Collins, Of
Mayfeld charged with assault and bat
terry by Mrs. Margaret Meehan, was
given to the jury yesterday morning.
A verdict of not guilty was returned,
and Mrs. Meehan directed to pay the
costs
Charles Fields, young colored man,
was tried and convicted before Judge
Edwards Of having stolen revolver
from Carpenters hotel at Franklin ave-
nue. and Spruce street. He afterward
tried to sell it in Rutledge's hotel on
Lackawanna avenue, where he. was
arrested for the theft. Fields denied
having had the revolver in his posses
sion. He said he met man on Lack
awanna avenue who tried to sell him
revolver. Fields did not want to
buy 1t but would see If they wanted
to buy one in Rutledge's place. After
the prisoners arrest the revolver was
found slowed away in a closet In that
hotel. The jury convicted Fields and
he was sentenced to pay a fine of $40,
costs and spend six months in the
county jail.
Not Guilty; Divided Costs.
Mrs. Annie Walters was arraigned,
charged with assault and battery on
Mrs. Mary Donovan. The women reside
| on Robinson street, West Side, and their
children were the cause of the trouble.
Mrs. Donovan said that Mrs. Walters
struck her in the eye and broke her
glasses, and hit her in the side Of the
head with q stone. Mrs. Walters de-
clared that Mrs. Donovan was the cause
of all the trouble and injured her Sc
verely in the row that took place. The
jury returned verdict of not guilty
and divided the costs.
A verdict was taken in the case of
Nelson Churchill, the cabman, who was
indicted for defrauding Mrs. Fanny May
of a $l4 board bill Mr.. Churchill has
since paid the bill, and verdict of not
| guilty was therefore taken and the
costs placed on the defendant.
John Mulderig, of Minooka, was tried
! for assaulting his neighbor, Mrs. Bridget
McManus, with bed post. The trouble
arose over a line fence. Mulderig
claims that he was badly injured by
| Mr.. McManus, and his wife by Mrs. Nc
| Manus. They had to have their wounds
dressed by physician. At O'Clock
the case was given to the jury.
Not Guilty, But Pay Cost.
Before Judge Lynch in court room No
2, Patrick Coyle was tried for assault
and battery, his wife, Kate Coyle, being
the prosecutor. They reside at May.
field, are about % years Of age, and have
been married two years.
Mrs. Coyle said that when her hus-
| band arrived home one evening and
when she chided him for not coming tC
dinner, he thereupon scratched heI
| neck, bruised her shoulder and almost
! denuded her person of clothes. Coyle's
version of the affair was that when he
returned home for supper he found his
| wife in a passion. She struck him in the
mouth with cup, cutting Ii. Then she
| began to scream, and was about TO rush
| out of the house.
Not wishing to let the neighbors know
of their domestic trouble, he grabbed
her and prevented her from leaving the
house. During her struggles her clothes
were torn and her neck somewhat in.
jured.
Judge Lynch charged the jurors that
If they believed the testimony of the
prosecutrix they should convict, anG
that they might convict on the testi
mony of the husband.
1.-THE wife is not chattel, but com.
panion," Judge Lynch said, land Mr.
Coyle had no right to restrain his wife
in the house if she wished to leave
His action in holding her constituted al
assault" The jury returned verdict
of not guilty and directed the defendant
to pay the costs.
Wynn VIII Pay the Costs.
Samuel Thorne was called TO answer
a charge of cruelty to animals pre-
ferred by John Wynn. In opening tn,
case Assistant District ATTORNEY
O'Neil said they would show tina
Thorne was employed by Wynn as {
teamster. He returned one day will
an eye of one of the horses missing ant
while no one saw the optic removed /
was the general opinion that Thorn,
did the trick. Judge Lynch said that 4
the commonwealth could produce NJ
better evidence than that 1t was useless
to waste the time of the court. He di
rected a verdict of not guilty and sen
the jury out to pass upon the question
of costs. They placed them on tn,
prosecutor.
Louis Schoen and his mother, Mrs
Annie Schoen, both of the West Side
were tried before Judge Lynch oI
charges of forcible entry and detainer
preferred by Peter Georges. Las
March Schoen bought a property a
sheriff's sale, which Georges occupied
He did not vacate as requested and OF
Aug. 90 Schoen put Georges goods ou
on the sidewalk, while Mrs. Schoen helt