The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-12-28
Are DIVIDING THE costs
Juries in Court Making Both Parties
Stand Expense In Small Cases. Z
MANY CASES TRIEDYESTERDAY
George W. Decker Acquitted OF Assault
ing Iiardw arcman Bccrs-Abncr Pos
ucr ON Trial for Stealing a
Young Woman's Gold Ring.


noted for is the way in which the juries
disposed of the cases. In a majority or
the sixty-siX cases on the list verdicts
of not guilty were returned and the costs
were equally divided between prose-
cutors and defendants, District Attor-
ney John II. Jones Is entitled to much
credit for the business-like manner in
which he facilitates the business of the
courts.
The first case tried in the main court
room yesterday was against Joseph X.
Osgood. charged with obtaining money
under false pretences. Charles II.
Clause was the prosecutor. District
Attorney Jones and Attorney George ID.
Taylor represented the commonwealth
and the defendants attorneys were
John L. Kelley, Joseph O'Brien and w.
". Baylor
Mr.. Kelly when the case began.
moved to take II from the jury for the
reason that the Indictment as made out.
charged the defendant has obtained
money, when he did not receive any at
all. He simply secured the signature
of the prosecutor to q paper. Judge
Purdy ruled that the case should be
tried and let the evidence be heard.
Both parties live in Moscow.
The testimony showed that OsgoOd
80 N'e'es'' ~ 'aSh o HitHt utt' as
indorser. The beneficiary of the note
was New York firm. 1t was for $3.50.
The prosecutor did not receive the
money. hut the New Yor. firm did, and
although Clause was that much out,
the cours directed the jury to find a
Nerdict OF acquittal, because the prose-
cutor had not received the money him
self. Immediately another warrant
was issued for Osgood before Alderman
Wright by Clause and he was held in
$aOo bail to appear at court l.. A. Os-
good, of JUBILEE, this county. became his
bondsman.
Called Him Vile Name.
James Gilgallon was next tried for
assault and battery on Jacob Rich. q
Hebrew Mr. Jones and Attorney
Nathan NidaVer were for the common
wealth, and although Mr.. Gilgallon con-
Quoted his own case, he did not have
fool for client. The two men were
employed in the construction of tn, ad-
dition to the SauGuoit silk factory on
the South Side. The defendant said
the prosecutor called him q vile name
and for that remark he struck Rich
with a shovel on the head. The jury
brought in a verdict of acquittal and
divided the costs equally.
A verdict of not guilty was returned
i'm the case Of Mary Mahalko charged
with assaulting Pauline Dehofski with
a broom. fire shovel and a coal scut-
tie. The costs were equally divided be-
tween the two.
George w, Decker. jr.. Of the West
Side. was found not guilty of aggra
waited assault and battery upon Hard
wareman G. l.. Beers. of North Main
avenue. but the defendant was directed
to pay the costs Louis Thomas of VIM
ton, charged with assault and battery
pleaded guilty and was sentenced to a
fine of 81 and costs. Bail was forfeited
in the case Of Martin Sula, charged
with aggravated assault and battery
upon Charles Sauer: the defendants
father. Henry SulZ, Is bondsman in the
sum of $500
The surety case of Miss Mary Robb
against w. ]. Robb was settled and
stricken from the list. Joseph Olcheski
and Frank Zalcfski were sentenced to
the costs and so was James Gilgallon
and Mary Mahalko. The case of as
sault and battery against Robert Turn
bull of Dalton, by j. c. KRONER. of the
sarle village, was tried The district
attorney and Attorney c. Comegys
represented the state and Attorney II.
II. Holgate, the defendant.
Before the store Committee.
Last March the trouble occurred in
the store of c. Il. Finn at Dalton. They
had some words on the street about
each others character. Turnbull is
baker and he charged Kroner, is an
engineer on the Delaware, Lackawanna
and Western, with owing him 90 cents
for bread. and that he had to turn in
bill to the railroad company against
Kroner to get his money out of him.
KRONER then made serious charges
against Turnbull. The jury returned
the defendant guilty of simple assault.
Mr. Holgate asked the court to take the
case from the jury for the reason that
Turnbull was tried before a justice OF
the peace and a jury of six and the jury
disa greed. Judge Purdy let the case go
to the jury and is holding that question
under advisement.
John Haggerty, jr.. was tried for as
sault and battery upon Mrs. Daniel
Haggerty. Attorney John r. Edwards
was for the commonwealth and Attor-
ney Joseph O'Brien for the defendant.
The charge was that one day last sum-
mer the young man struck her with a
picket on the head and severely injured
her. The defense was that the woman's
husband attacked him and that he had
to defend himself, but did not strike
Mrs. Haggerty. Both parties live on
the West Side. The jury went out at
AIS to find verdict.
Abner Posner was put on trial for
stealing a gold ring set with pearls and
q ruby from young man named San
ford Engel on March Is last. Stella
Clayton figures as prosecutriX. Engel
got the ring from Fannie Truesdell. his
cousin, and was wearing it. He and
Posner were employed as table walters
at Broad Rrnc nVStpr hnllge Penn
avenue. Engel went into the kitchen
to wash his hands and took the ring off
his finger, laying It down on shelf
near by. After performing the ablution
he turned around to get the ring and
it was gone.
Only One in the Kitchen.
Posner was the only one in the kitchen
at the time and he was afterward seen
in Green's shop on lower Lackawanna
avenue; he Is charged with the theft
The testimony Of Engel was all that
was heard. District Attorney Jones
represents the commonwealth and At
torney George s. Horn the defendant.
Two cases were tried in No. before
Judge Mcclure. The iirst was the one
where l.. Freedman was the defendant
and Schuyler C. Gernon prosecutor.
Assistant District Attorney John NJ.
Harris ana Attorney George Nj. Watson
represented the commonwealth and At
torneys George s. Horn and c. w. Daw-
son the defendant.
The defendant is resident of Mes
hoppen. Wyoming county. and in May,
1895, was engaged in business there.
Mr.. Gernon Is member of the firm of
A. c. Nettleton & Co., of this city, and
he testified that In May last Mr. Freed
man came to their place of business and
desired to buy stock of shoes. Mr..
Gernon questioned him as to his finan-
cial condition and the defendant said
that he only owed 5000. and upon the
strength of this statement they shipped
to him 5000 worth Of goods.