The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-04-21
HIT HIN With A Stone
That Was the Charge Against a Little Mud
town Woman.
JURY FOUND HER HALF GUILTY

NNlLl JulEG ElGiUyAiu &tlU ne D0u
No Right to Do, Even if He Had
Lived with Her Thirty Years.
Other Gases Tried.
The ease against Matthew Grey, mine
boss in Eddy Crrek mine No. .. Mt
Oiyphant, was continued before Judge
Archibald yesterday morning and occu
pied the entire forenoon The defend
ants counsel. Attorneys DIwion aud
Qninton, contested tho case warmly,
while District Attorney Kelly aud At.
torney George S. Horn fought for con.
vIction with equal tonGcity, The de-
tondaut did not attempt to deny that
he had knocked down tho prosecutor.
William Acton, but claimed that the
hitter was an intruder in the mine ana
that he made the first assault in Mt
tempting TO pick 10 Il stone with which
to batter the mino boss The Jury was
evidently puzzled over the case, for
they were not able 10 urriyo at u con
clusion uttor having beou locked up
together for half a day, no verdict
having been returned when court ad.
journed for the day.
Before Judge Sittser Mrs. Michael
Lyman, of Midtown, 2 deminutiye
specimen of tho feminine gender, was
tried for having assaulted one, Thomas
Jocliet, n man Of more han ordinary
physical proportions, The defendant
was represented by Attorneys John L.
Scragg and Joseph O'Brien, and the
commonwealth by Attorneys Hulslan-
der and James j. O'Neill. The Olfsnsa
alleged WAS that tho defendant had
thrown n cobble stone at the prose
cutor, striking him in the face.
Tho defense denied the allegation,
but asserted that Jocket had called the
woman Il bad name and deserved to be
punished. The case was given to the
jury at 1880 a. m. and "tho twelve
good men and true after duly consi-
dering the matter. returned a verdict
of not guilty, but directed that the
costs be equally divided between the
prosecutor and the defendant.
A CROSS SUIT,
The next case before Judge Sittser
was r cross suit, the parties to which
were Barney Krivolas ana Mayk Toni
lavics, The latter keeps u boarding
house where the former domiciled
Last Christmas Tomilavics and his
wife went out and left several boarders
in possession Of the premises. The lat
ter promptly secured a quantity Of
whisky and as the result of the use of
the same they were in q state of hi
lariousness when the head man and his
hotter half returned, A fight ensued
out of which the casa emanated. A
number Of witnesses were sworn and
ut 3 p, IN, the jury retired to consider,
but arrived at no verdict during the
day,
Anthony Literas was tried before
Judge Archibald on the charge Of hav-
ing kept q disorderly house. The evil
denCe showed that he has for u house.
keeper n woman named Nellie Connors,
who seems to have been responsible for
certain disturbances which took place
at the home Of the pair, although the
man was away at work much Of the
time. II was shown, however, that
there had been fights on the premises
when Literas was at home, and the in.
ference Of the prosecution was that he
should be held liable for the same: but
all the jurymen could not see it in that
light, for after celebrating on the
case for some time they came into
court and declared their inability to
reach a conclusion, whereupon they
were discharged from further consider
alton Of the case.
PULLED HIS WEES HAIR,
Judge Archibald also heard the trial
of Michael Hennessy wlo was charged
with having violently assaulted MS
wife, Ellen Hennessy, the p%rosecutrix.
The parties reside Mt CarOondlle, but
the defendant has been confined in the
county jail since February, when the
alleged olfense was committed. Dis.
trice Attorney Kelly represented the
commonwealth and Attorney James
MahOn plead the Defendants cause.
Mrs. H]ennessy Went on the stand and
ana wore that one Sunday evening
IN February, she being i'll ut the time.
her husband caught her by tho back
hair ana pulling her down upon %
chair, asked the question, "Shall 1 kill
you now or give you five minutes TO
liver He raised his hand 20 strike her
but was prevented IN the attempt by a
daughter present. Mrs. Honnessy
swore that sho had been married to
tho defendant thirty years aud TINT
during the past thirteen years she hal
been kept constantly in fear. The
mothers testimony was supplemented
by that Of the daughter VINO was pres
emit at tho time Of the hair pulling
scene,
Heunessy was the only witness sworn
by the defense, lie is possessed of a
countenanco not calculated to inspire
confidence, but he told his story in q
straightforward manner, denying in
toto the allegations of the wife and
daughter, Attorney Mahou addressed
tho jury vigorously in behalf OF his
client, but district Attorney Kelly did
not deem it worth while TO rcply,
whereupou Judge Archibald delivered
the following briof but comprehensive
charge:
Gentlemen Of tho jury; Aman has
no right to pull his WHO'S hair, no mat.
ter whether he has lived with her thirty
years or five years. Tho wife and
daughter say that the defendant did
commit the offence charged he swears
no did not. 1t is for you to say
whether he did or did not
The jury retired TO consider the case,
but at 8 o'clock had not made up thsir
minds M TO the vpracitv or Cha uit