The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-01-31
verdict AGREED upon
After DGllberatins for Two Hours the Rey-
nOdS Jury DkpOSeS Of The Case.
CALLAHAN'S LUCKY ESCAPE
Court Decided It Had No Jurisdiction
to Try His Case and Directed Ver-
dict of Not Guilty-Could Not Agree
on the Question of Costs-Miss
Annie Dingman on Trial on Serious
Charge.

After court opened yesterday morn
ing Thomas E. Reynolds, who was put
on trial Monday on charge of en-
brscery was recalled to the stand aud
resumed his testimony at the point
where he left off when court adjourned
Monday afternoon.
When his examination In chief was
concluded Reynolds was subjected to u
severe crost-questioning by District
Attorney Kelly, but nothing that diff
fered materially from his story in chief
was ELECTED. He was allowed to leave
the stand at 10.46. and then a portion
Of the testimony of Juror George l..
Preston, taken at the preliminary ex-
animation, was offered In evidence for
the purpose OF contradicting his story
when on the witness stand for the pros
ecution Monday afternoon. The tSsti-
mony was admitted and the defense
rested
In the rebuttal the district attorney
offered in evidence portions of Rsy.
nolds' testimony, taken on a former
trial of the case. for the purpose of con
tradicting his testimony Monday after
noon with regard to his conversation
with Monroe Carpenter at Olyphant.
The prosecution then rested.
THE CLOSING ARGUMENTS
Major Everett Warren made the clos
ing argument to the jury for the de-
fendant. 1t was one Of the clear cut,
exhaustive and convincing presenta
tions of the facts in the cnse which
have given the major such command
ing place among the plsadsrs of the
Lackawanna bar. He was listened to
with the closest attention. District
Attorney Kelly made forceful argu-
ment for the commonwealth. labOring
to convince the jurors that Reynolds,
in his talks with the jurors, was en-
deavoring to corrupt the well springs
of justice.
Judge Gunster's charge was fair and
impartial lie told the jurors that
they must find that Reynolds had
talked with the jurors for the purpose
of oorruptiug and prejudieing their
minds before they could find him
guilty. At 3 o'clock the jury retired
and at o'clock agreed upon verdict
As court had adjourned the verdict
| was bcdlcu AIh Will 10 DEUuk lulO
court this morning 1t is the general
belief that the verdict will read, mot
guilty"
The trial of John Gorski. Adam Mo-
kleski and j. Kronick, charged with
having assaulted A. ShulkOshi. was re-
sumed in court room No. 2 before
Judge Edwards yesterday morning.
At 12 o'clock the case was given to the
jury, and three hours later a verdict
of not guilty was returned. The pros.
ecutor was directed to pay one-half of
the costs, and the defendants the other
half.
HAD NO JURISDICTION.
P. j. Callahan, young man who re-
sides in Pjttston, was next arraigned
on charge of embezzlem9at John
Kinselle and J. w. Remington
who run an installmSnt house, were
the prosecutors. The allegation is
that on Feb. 10 last, Callahan entered
their employment as an agent He
procured goods to the amount of $227. sc
that he did not account for and also
collected 500 in cash for the firm but
neglected 10 turn it over.
Callahan's employers went on the
stand and said lie admitted having ap-
propriated the goods and moaev As.
sistant District Attorney ONell and
Attorney T. p. Hoban conducted the
prosecution and Attorney Joseph
O'Brien appeared for the defsnse.
After the testimony for the prosscu-
ton was all in, Judge Edwards asked
the attorneys for the common wealth if
they wanted to press for a conviction
in this county. Attorney Hoban ar,
gued that while the actual en- bezzle
ment was committed in Luzsrne
county. the intent was formed by CAL
lahan when entered into an agreement
in this city with Kinselln and ReldinE.
ton. That divided the olfsnss bbtwsen
this city and Pittston and left thom al
liberty to elect whether they would
try the case here or in Luzsrns county
Attorney OBrien argued that if an Of
fense was committed. the whole trans.
action was committed in Luzsrne
county, and could not be tried here.
JUDGE EDWARDS OPINION.
Judge Edwards said he did not thinl
the court had any jurisdiction In tn {
matter as the offense was committed il
LuZsrne. and directed verdict of no
guilty. but sent the jury out to pas
upon the question of costs. After be-
ing out an hour thu jury filed into
court and the foreman said that i
could not agree, no one OF the Juror
was opposed to placing any costs or
the defendant Judge Edwards sale
they should have no trouble in arriving
at verdict The prisoner was escaping
through technicaity and as the pros
ecution was brought in good faith II
might be unjust to place the costs OF
the prosecutors. AS the county hat
done nothing he did not see the iustic,
of making it pay the costs He tol(
, the jury to retire again and seal itf
verdict when it agreed
Just before court adjourned for thu
day Special Officer Henry Burns wa
arraigned in No. 2 charged with aggra
waited assault and battery by Mrs An
, ME Barron. 1t is charged that Burns
while serving warrant in the defend
ants house used unnecessary force
seriously injuring Mr. Barron
On account of the absence Of an i'm
portsnt witness the case of J. X. Good
, man. charged with aggravated assaul
} and battery by Annie Sskofsky, wen
over until the next term.
PECULIAR MISS DINGMAN.
Before Judge Gunster Miss Annie
} Dingman. comely young woman, wal
D put on trial charged by Mrs. Delilal
Arnold with having improper relations
with her husband, Absaloln Arnold. II
= is claimed that two years ago Arnold
, deserted his wife and six children anC
took up his residence with Miss Ding
0 man. She gave birth to two children
of which at their birth she said he was
3 the father. They both died
) In December Arnold was tried 70
his illicit relations with Miss Dingmar
but the jury returned him not guilt
and was souudly lectursd by Judg
Archibald for the manifest injustice @
the verdict, the evidence considered
1t is alleged that even since that triG
? Arnold has lived almoat oonatantlv n