The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-01-26
DECAu found GUILTY
Jury Says That He WantOnly Pointed Fire
arms at A. Z. Sim)nSOl.
new TRIAL WILL De ASKED FOR

ment-Peter McDermott Acquitted
ofHaving Robbed Anthony Murphy.
Verdict of Not Guilty Directed in the
Case of Patrick Ruane.
District Attorney Kelly made the
closing address to the jury for the COM
monwealth after court adjourned yes
terday, in the William DsSan felonious
attempt case. Judge r lwards charged
the jury in clear and concise manner
and it retired ut 10 30 to make up the
verdict During the afternoon 1t re-
turned verdict which said that D9-
gan was guilty onSthe second count of
the indictment. which is that he want
only pointed fire arms Mt A. Il, Simon
son.
Last evening Attorney Ricketts,
wanted to file reasons for now trial
with permission to file additional rea-
sons after the charge of the court has
beon transcribed Judge Edwards
thought that Mr.. Ricketts, had better
wait and file all OF mis- reasons at once.
lie Will do so on saturday
If new trial is refused, Mr., Rick
etts will ask for rest of judgment on
the ground that the first and second
counts Of the indictm snts on which
Degan was convicted are conflicting
and repugnant.
JOHN. II. SNYDER on TRIAL,
In the afternoon John II Snyder, of
the South Side. was put on trial betore
Judge Edwards charged with embez-
zliug about $400 from Christian Feig-
enspan, New Jersey brewer. In Sep.
tember, 1892, Snyder WAS employed by
Feigenspan to act as a sub-agent under
John Il, CJar. the general agent for
this district Suyder'S duties were to
take orders, deliver the ale and beBr
sold and make collections. 1t is al
legged that he delivered ale without ac
counting to Mr. Coar for it, aud also
collected various sums Of money from
customers that he never turned over,
The prosecution is conducted in a
spirited manner by District Attorney
Kelly and Major Everett Warren,
S1yder Is ably defended by Attorneys
f. Q Nswcomb and NJ. A. Mckinley.
When court adjourned August Sousr,
one of Mr.. Fsigenspan's employees. WAS
on the stand. He said that he came
here to investigate Snyder's aft !irs and
after he found discrepancies in his ac-
counts with several of the customers
Snyder admitted that he hal been dis
honest aud gave the names Of a number
OF customers and amounts he collected
from them that he mad not accounted
for. The list was read.
A SERIOUS CHARGE
Peter McDsrmott,a young man aged
! 20, who resides at Dickson City, was ar
ranged b-fore Judge E lwards to an.
swer charge of highway robbery, pre.
ferred by Anthony Murphy. of Oly-
phant. District Attorney Kelly ex'
pounded the law for the commonweal th
and Colonel F. J. Fitzsimmous for the
defense.
Murphy said that between 2 AMI 3
o'clock on the morning of Sept, Z last
be was on his way home. Ga Dunmore
street, Olyphant, he was attacked by
two Young men who threw him down
and stole $7.7j from his pockets Nc
Dermott he recognized as the person
who rifled his pockets and he thought
the person who held him was Patrick
Walker
"Were you not drunk on that night?'
was question which Colonel Fitzsim-
mons propouuded to Murphy.
Il was not, " replied the witness 81
had drank some, but not any more
than I could hold I'm not accustomed
to spilling my loa Is"
"You think it too valuable, sup
poser"
Correct, me man; never want tc
lose a good thing"
Where did you spend the night ur
to the time you were robbed, Murphy 2
II was calm on me aunt, replied
the witness
"Of course she does notsell anything
such as you dislike to spllT
20 no, indeed, sir, she does not
THE DEFENDANTS STORY.
Young MoDermott went on the stand
and swore that on the night Of tht
robbery he attended u rafhs at Oiy
phant and between 1 and 3 o'clock iu
the morning returned home with John
McNulty. He did not SOC either
Walker or Murphy on that night
Walker was called and swore that he
did not see McDermntt on the night Of
September 6, and John McNultl
swore that he was home with McDer-
mott on that night. He saw nothing oI
Murphy. A verdict of not guilty wat
returned by the jury.
Patrick Ruane, Of the South Side
was put on trial charged with the lar
cenv Of two. wheeled cart from w
F. Farrell, OF Archibald, The prosecu'
tion failed to make ont case, and on
motion of Col Ftz5mmOns, who rep.
resented the defendant, Judge Edward:
directed that verdict Of not guilty be
taken.
Oliver p Swartz's name appeared OF
an Indictment as the defendant in
case OF felonious attempt to kill. Hi
brother, d. W. Swarlz was his intend
cd victim. Since his arrest Swartz ha
been declared insane by jury aud /
now in Danville insane asylum. /
verdict OF not guilty was therefor
taken.
JESsUP CROSS SUITS.
At No. 9 Michael Godfrey was tri0,
for selling liquor without license an,
on Sunday. Martin S. Malsta WAS tn
prosecutor. Several witnesses swor
that on Easter Sunday last and at othe
times they bought beer and whisk
from Godfrey and paid for it. Godfrey
his brother William, his sister and
bOarder swors that the defendant neve
sold beer or whisky Attorney Josepl
O'Brisn made a gallant fight for tn
defendant and succeeded in havinl
him acquitted, He will have to pa.
costa, however,
Immediately afterward the assnuI
and battery suits of Joseph Mitckt
against Michael Godfrey and Michae
Godfrey against William Slvage. Jo
saph Sumonsky, Martin Smelter, Gsorg'
Weichel and Jos ph Goodat were called