The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-12-13
H'INTYRE NOT GUILTY
Judge Albright Directed Jury to Re-
turn Such Verdict.
TROUBLE OVER CHERRY TREES
The Simons Cut Them Down Because
Philip Wallmin Was Gathering the
Iruit- Cases in Which Nerdicts
Were Taken Yesterday.

Court was not in session yesterday
afternoon and, therefore, the temple OF
justice was somewhat in keeping with
the dull, heavy atmosphere of the outer
world. In court room No. 3 two cases
were disposed Of and before Judge Ed
wards in the main court only one
case went to trial, but several verdicts
We're taken.
w. j. Mcintyre, an insurance agent
for the Prudential Life Insurance COM
pany, was on trial before Judge AL
bright when court opened, the indict-
ment against him being embeZzlement.
The prosecution alleges that Mcintyre
collected various amounts of money
Srom subscribers Of the company and
invariably suffered from loss of MEM
ory when the time arrived that he
should turn the money over to the
treasurer.
The defense assumed to have a con-
tract made between himself and the
company which stipulated that he was
to retain a certain percentage as COM
mission. The attorneys for the de-
fense maintained that the contract
| and in the absence of it the jury could
| not convict the defendant. Judge AL
| bright held a similar view and instruct
| ed the jury to return verdict of not
guilty.
John Simon and Bridget Simon, hus-
| band and wife, We're next arraigned,
| indicted with the offense of having
committed malicious mischief. Philip
Wallmin was the prosecutor. The de-
PENDANTS reside in the borough Of
| Archibald.
Cut Down the Trees.
Wallmin was a tenant of Mrs. Nancy
Shea, Simons mother-in-law, and paid
rent to her for house and the use of
the lot on which the house is situated.
Growing on the lot were fifteen fruit
full cherry trees. When the season ar
rived that the trees bore fruit, Wall
min made up his mind to gather the
cherry crop for his own use and the
Simons held that he had no right to the
cherries, so they chopped down the
trees with their tomahawks. The pro-
secutor brought the suit claiming that
the rights of his lease entitled him tc
the prerogative of gathering the har.
vest Of the trees. The jury went out
to wrestle with themselves and had not
agreed upon a verdict at o'clock,
Samuel Ambrose and his brother
John, were called in the main court tC
answer for having stolen Niccolo Will
lard's cabbage. On Belmont street
| 10 ,I to ni
cid Italian, lives in small shanty ant
sustans himself out by tillng a small
garden which the Delaware and Hud
son company allows him gratuitously
One corner of the garden was fertilizeC
most carefully by him and in it h,
raised few hundred heads of cabbage
He arose on the morning of Sept. % las
and found his cabbage garden de
stroyed and Immediately he had war
rant issued for the 1.-TWO defendants
One of the brothers, John, did not an
swer to his name and a capias was is
sued for him. Samuel went on thu
stand and endeavored to prove an alibi
The jury went out and did not wal
long to reach a verdict of guilty.
The Verdicts Returned.
A verdict was rendered by the jur,
in the case of the commonwealth agains
John Mocknock in which Michael Colisl
was the prosecutor. The defendan
was acquitted and the costs placed ol
the prosecutor Joseph Thoman, VIII
was charged by Robert Ditmore, tn
Jermyn saloon keeper, with the larcen.
of two pool balls, was found guilty ant
sentenced to a fine of 81 and five day
in the county Jail. Mrs. Mary Hard
watz did not appear Nprosecute JOSEPH
Rudewick for selling liquor on Sunda.
and on motion of District Attorne.
Kelley the costs were placed on tn
prosecutriX and a capias issued for he
body.
In the case of the commonwealth
against Michael Kalamin, charged b,
the prosecutor, Abraham Berger, witt
felonious wounding, a verdict of no
guilty was taken. The indictmen
against George Prokopovitch, CHARGE
with unlawfully refilling registered bot
ties ly p. L. Leonard, was quashed, II
the case of William Hogan charged b.
John Jay with resisting an officer,
verdict of not guilty was taken, bu
the defendant must pay the costs.
Mike Coslosky, a sweepish looking in
} dividual, was called to answer charg
of assault and battery. There was n
one in sight of the court who seeme
to want the honor of prosecuting hir
and Michael escaped.
Bernard Davis, the terror Of the Sec
ond ward speak easies. said that al
the witnesses TO testify against Hanna
Finnan for maintaining tipplin
house were out of the country and tn
costs were placed on the county. Judg
Albright RENTED the costs against lie
Boes, as she is a charge at present o
the Scranton poor district.
THEY WERE INJURED.