The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-01-24
Cases heard IN Court
Frank NelinalrO FOund Guilty but Recon-.
mended 10 The Mercy Of the Court
MARTIN DEYANNEY ON TRIAL
Charged with Tearing Down the
Fence About an Elmhurst School
House Verdict of Not Guilty Or
dered in the Case of John Capinski.
Coal Steaers Escape by Paying for
the Coal and Assuming Costs.

Coal Stealers Escape by Paying for
the Coal and Assuming Costs.
After court opened yesterday morn =
ing the trial of Frank Melinairo. the
Carbondale Italian charged with fslon-
ious attempt to kill and carrying con-
cealed weapons, was resumed The
defendant, when called to tho stand
said that a crowd of young men had
thrown stones at him and he fired o
shot from his revolver to scare them
The judge said that there was no evil
dence to convict OF carrying concealed
weapons and at H. 30 the jury retired
to consider the question of fslonious
attempts. He was found guilty, but
recommended to the mercy of the
court. In the case OF concealed weapons
the jury directed the county to pay the
costs.
Martin Devanney, of Elmhurst. was
next put on trial charged with malici-
GUS mischief, The prosecutor WAS c.
Il. Smith of the Emhurst School
board District Attorney Kelly and
Attorney G, Comegys appeared for the
commonwealth, and Attorney Il. G.
Newcomb for the defendant.
TORE DOWN A FENCE.
1t is alleged that Mr.. Dsvannsy tOrs
down fence about the school of the
Elmhur5t school district. The defendant
admits having torn down the fence. but
said that it was erected by the district
on land owned by his wife. 1t had no
business there and he removed it. The
case is the outgrowth OF dispute over
q small strip of land Gloss to the Elm
hurst schoolhouse Mrs. Devanney says
shS is the owner, but the Elmhursc dis
trict says it received it from the Dun
ming school district out Of which the
Elmhurst district was erected. The
defense was being heard when court
adjourned.
Yesterday morning in court room
No. > the trial Of John Capinski,
charged by Rueben Brown with false
pretenses was resumed. On motion Of
Attorney Dawson Judge Archibald in.
structed the jury to return a YER
dict of not guilty. The judge told the
jurors to pass upon the question Of
costs. They directed the prosecutor
and defendant each to pay half
RESULT OF a ROW AT JERlIYN
Max Slewiskey ana Anthony Orbar
were directed to plead to a charg, of
assault and battery preferred by John
F. Hsnnessey. They answered not
guilty It appeared from the evidence
that on July 81 the three men had d
fight in Jermyn which was brought on
by an overindulgence in strong drink
The prosecutor declares that the de-
PENDANTS hit him on the head with a
stone, rendering him unconscious fol
some time.
On their part the defendants say that
Hsnnessey was the instigator Of the
trouble and inflicted serious injury or
them. The jury thought all parties
equally to blame for the trouble and
returned verdict OF not guilty, witt
directions for defendants to pay one
half the costs and the prosecutor tbt
other half.
Michael Robbing was on trial before
Judge Archibald in No 2 in the after
noon charged with obtaining mine
tools and mine supplies from the Lack
awanna Iron and Steel company by
false pretenses. George W. Okell
acted as prosecutor in the case. As
sistant District Attorney O'Neill and
Major Everett Warren developed the
case before the jury for tho common
wealth and Attorney James Mahon fol
the defense.
NATURE OF HIS oFFENsE.
On Sept 49, 1892, Robbing went to
the Pine Brook shaft of the Lacka
wanna Iron and Steel company wheri
he had been employed up to few days
prior to that date By pretending that
he was about to resume work in tn,
mine he succeeded in getting supple:
and mine tools valued at s. 10. The
defense was that there was no inten
tion to dsfraud, that Robbing was al
employe of the company when he OBJ
tanned the goods and thought he had
sufficient money due him to pay fol
them.
Attorney James Mahon made a plea
for his client in which he described the
Law with regard to false pretenss aud
incidentally the kind of caps worn by
the students at Oxford in England.
Major Warren male she closing argu-
ment for the defense and at o'clock
the jury retired to make up its verdict.
1t did not return to report while court
was in session.
THEY WILL PAY FOR THE COAL.
Patrick Gibbons. Henry Vansellor
Dennis Buckley, Henry Howeils and
Mrs Bridget Joyce were arranged be
fore Judge Archibald charged with lar,
ceny and receiving. l. ID. Ksmmerer,
detective for the Delaware, Lacka.
wanna and Western Railroad company
was the prosecutor Major Everett
Warren was the prosecuting attorney
and Attorney G. Comegys defended tbs
accused.
Ga Oct Z there was a wreck on til,
Keyser Valley branch of the Delaware
Lackawanna and Western company
and several cars were smashed and
large quantity of coal spilled. Before
the wreck could be cleared up it is al.
legged that the defendants stole abou
forty tons of Goals, some of them usinl
horses and wagons to draw the coal t,
their homes.
They agreed to pay for the coal, ant
the company not being anxious t
push the case, Ju lge Archibald directed
veriict of not guilty to DO taken il
each case upon payment of the costs by
the defendants
TRAMRs nEEnSE To MnnK