The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-01-05

whether Mrs. Carey could be convicted
of the offense If it was not proven that
the house on Adams avenue was the
one for which she was tried for keeping.
Court instructed the jury that the prose-
cution maintained that it was the
Adams avenue house which she was
charged with keeping. The jury again
retired to deliberate upon verdict and
returned half hour later finding Mrs.
Carey guilty. She was called for sem
tence in the case of fornica ton of which
she was convicted. Judge Savidge told
her he had not decided what penalty to
impose on her for the offense of keep
ing bawdy house and he was sorry
that he could not give her severer
sentence for the other crime. After a
scathing rebuke he imposed a fine of
500, the limit
81 cannot pay 100 cents,' was her re-
sponse.
well, that is the sentence of the
court replied the Judge
DOughcrty Fence Breaker.
James Dougherty was tried for
breaking down the fence Of his land
lord, Richard White. Attorney Cor
nelius Smith defended, and District At
torney Kelly prosecuted him. Both
parties live din the Nineteenth ward, on
the South Side, and Dougherty rented
houses from White. One night the
tenant got drunk, took an axe and
broke the front gate, and he did not
desist until he had smashed ten feet
of the fence along with it. Two wit
nesses swore' that they saw Dougherty
exercising his muscle on the fence.
Dougherty was the only witness In his
own behalf and he was not able to
recall anything that he was guilty of
on that night. He pleaded drunken
ness.
Maggie Dimler was unwilling to
prosecute Ehrgood on the charge of
assault and battery provided he agreed
to pay the costs. He was satisfied, and
court so recorded 1t. The jury brought
in verdict finding him guilty of as
sault and battery in the case in which
John j. Kleeman was prosecutor, but in
the case in which Christopher Klee-
man was the prosecutor a verdict of
not guilty was returned, and the costs
were placed two-thirds on the defend
ant and third on the prosecutor
A verdict of guilty on the second
count in the indictment was returned
by jury in the aggravated assault and
battery case of John Hughes against
Bother Frank G. Rarick, of Green
Ridge. The verdict was for simple as
sault and battery. The jury was out
all night and two stubborn members
wanted to indict Mr.. Rarick in manner
and form as he was charged in the in
~dictment.
Not Lead Pipe Cinch.
Thomas Carroll, of Meridian street,
was tried for THE larceny of a coil of
lead pipe, and was prosecuted by Chief
of Police w. r. Simpson. Attorney A.
A. Vosburg defended him, and District
Attorney Kelly appeared for the COM
monwealth. The defendant and a man
named John Connor, who had not
enough respect for the dignity Of the
court Ito appear for trial, We're arrested
| on Penn avenue, behind the Truth
office, on the night of Oct. "a by Special
| Officer Walter Williams, of Davis
theaiter.
The two men were first seen coming
out of Raymond court, and the officer
| noticed that they We're carrying some
thing heavy. He tracked them ITO the
place mentioned and saw that what
| they were carrying was a coil of pinch
lead pipe, about ten feet long If
stretched out. 1t was learned that the
pipe was stolen from the scene of the
| disastrous Lackawanna avenue fire.
The defendant was i'm Jail since his ar
rest and had no means to get witnesses.
He was the only ore to testify and he
| swore that on the night he was arrested
he met Connor on the street who asked
him ITO help him carry the pipe He
knew that Connor was plumber and
| did not think that there was anything
| out Of the way in assisting him. The
jury retired at adjournment.
Three cases We're tried before Judge
Schuyler in No. 2. The felonious
wounding case of Michael Noonan
against James Dunleavy had to be
postponed because Thomas Walsh and
Martin Philbin, two important wit
nesses. would not trouble themselves to
be present. Attachments were made
| out and Philbin was located. Court
fined him 81 and the costs of the at
| tachment.
Michael Worychek was tried for lar
| ceny and receiving. Attorney James
| Mahon was assigned to defend him.
Grocer Bailey, Of South Washington
| avenue, sent Michael out to get 500
| bill changed and Michael forgot to re-
turn with the currency. Judge Schuy-
Ter quashed the indictment for the rea-
son that the indictment should have
| been one of larceny by bailee. A ver-
| dict Of not guilty was rendered by the
jury under instruction from the court.
Children Caused the Fight.
| On the 26th of last August Mrs. Kate
Smith and Catherine A. Richardson,
neighbors, living on Nay Aug avenue,
quarreled through dispute that arose
between their respective children. The
jury found Mrs. Richardson not guilty
of assault and battery and equally di-
vided the costs.
| q The last case was one of aggravated
assault and battery. John and Michael
Brodofsky were defendants and John
Zierziesky was the prosecutor. Attor-
ney Nathan Vidaver was for the de-
fense and Attorney George s., Horn for
the commonwealth. On Sept. 20 the
prosecutor was passing, along the
main highway in Priceburg and the
defendants set upon him, beating him
numerically He showed his torn and
bloody clothes In court. The defend
ants claimed that he was the aggressor
| and a good deal Of the blood that he