The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-12-27
Criminal COURT RESUMES
kalapilo, Of ltichmondale, Pound
Guilty Of Violating License Laws.
TRISCOULE IS NOT GUILTY
So Said tho Jury Before whom lie Was
Tried for Larceny and Receiving.
Nice Constitutional Point of Law
Raised by Attorney NJ. ]. Walsh.

court was resumed Yesterday morning.
Judge Purdy presided in No. l and Judge
Mcclure was in No. 2. Joseph kala-
pilo, of Rishmondale, was the first one
put on trial I'm the main room. He was
charged with selling liquor without a
license and on Sunday. Attorneys
George S. Horn and l.. p. Wedeman
defended Kalapilo. and District Attor-
ney John r. Jones represented the COM
monwealth.
County Detective Thomas Leyshon
swore that on Sunday. February last,
he and Constantine Morisini, the Italian
interpreter, We're up in that vicinity on
the day named looking up witnesses in
the Boschino homicide case, and dropped
into Scott's store to inquire about the
location of the persons they We're seek
ing. Mr.. Scott asked Mr.. Leyshon why
he did not come uD and pull some of
the unlicensed grogshops.
Upon this complaint the county de-
tective went to Kalapilo's establish
ment and purchased two glasses of
lager and paid for them. There were
bottles behind the bar labeled with the
different brands of tanglefoot and
everything about the place had the air
of saloon. The defendant was pres
ent, but 1t was another man who waited
upon Mr.. Leyshon. Kalapilo admitted
that he was the proprietor. Mr.. MOri-
SIM was sworn and cOrroborated Mr..
Leyshon. The county detective was at
the defendants place on Tuesday, Feb
ruary 26, and was accompanied by Con-
stable Michael, Moran. of Carbondaie.
Beer was bought and paid for on that
occasion. Kalapilo was the one that
tended bar.
Moran Said 1t Looked Like Beer.
Mr.. Moran was sworn and testified
that he was present with Mr.. Leyshon
and heard him call for beer. get 1t and
pay for what he got. Mr.. Moran does
not touch the stuff. but the liquid in the
glasses looked like beer George Paine,
a resident of Rishmondale. swore that
he had been in Kalapilo's place sew
era' times. got beer, and paid for the
same.
Deputy Clerk of the Courts r. p.
Daniels was sworn and after having
examined the record, testified that Jo-
seph Kalapilo the defendant. was not
granted a liquor license at the last term
of this court. The defense was that the
place was a boarding house and the
boarders used to buy beer by the keg
for their own use. and that the times
Mr.. Leyshor got the beer it was given
to him without charge The defendant
thing. The bottles that We're seen i'm
the house contained candies, he said
The jury returned him guilty of the
two charges.
The jury in the case of the common
wealth against Isaac Lewis of Bellevue.
tried for assault and battery on the
person of Carrie Bombaugh, of Center
street, brought in verdict of acquittal
and divided the costs equally
between the defendant and the
prosecutiiX. Both We're sentenced
Capiasee We're issued for the persons
of James McNulty. Michael Lipshitz
and George Seybolt. John Triscoule.
alias Devier. charged with larceny and
receiving was acquitted. He was al
legged to have taken 1886 or thereabouts
from Joseph Cassesse.
Variety Of Weapons Used.
Mary MahalkO was tried in the main
court room for assault and battery upon
Pauline Dehofski. Ex-Judge Stanton
and District Attorney Jones represent
ed the commonwealth and Attorney C.
Comegys the defendant Both women
live in Throop borough and had an
alteration about some matter or an
other of trivial note. The prosecutrix
alleged that the defendant struck her
with fire shovel, broom and coal scut-
tie. The defense was q denial of the
allegation.
Robert Ike. charged with maintaing
bawdy house, was declared innocent
of the offense. A verdict of not guilty
was taken in the case against Joseph
Garbercylli. the young Polander from
the South Side, who was charged with
dissuading witnesses In the Vishnisk
murder case from appearing before the
grand jury. Joseph DeLosky. charged
with larceny and receiving. by NJ. L.
Vail. was found not guilty. The case of
the commonwealth against Joseph Os-
good. charged with false pretense by
Charles II. Clause. was called in the
main court room just before adjourn
ment and the testimony will be heard
today.
In No. 2 the first case tried was the
assault and battery one wherein Ann
and Margaret Dolan We're defendants
and Celia McDermott, prosecutrix. At
torney NJ. j. Walsh scored good point
in this case, which shows him to be a
bright and clear-headed young law
yer The case was called Monday and
jury was sworn. The defendants plea
of not guilty was taken. but Attorney
Joseph OBrien, who was private coun-
sci for the prosecutrix was engaged on
n case i'm No. and the case was with
drawn for the time being.
Attorney WaIsh's Contention
When the case was again called Mr..
Walsh asked the court to discharge the
women on the ground that they had
been once put on trial and their plea
of not guilty accepted by the common
wealth, but that they had been let out
of the case by the withdrawal of the
Jury, which Mr.. Walsh argued con-
stituted a bar to another trial. The
court sustained Mr.. Walsh. No person.
the constitution provides. can be put
in jeOpardy twice for the same offense.
But Mr.. O'Brien succeeded in getting
the twelve Jurors together who had
been sworn and the case was called yes
terday morning. The jury brought in
a verdict Of not guilty and directed
each one of the women to pay one-third
of the costs. They live in Joycetown.
Lackawanna township. and had some
trivial trouble last September.
George w. Decker. jr., was tried be-
fore Judge Mcclure for aggravated as
sault and battery upon c. l.. Beers, of
the West Side. hardware man. last May.
Assistant District Attorney John NJ
Harris and Attorney George s. Horn
were for the commonwealth and Attor-
ney II. V. Powderly for the defense.
Decker is a young blacksmith and 1t is
said he struck Mr.. Beers such violent
blow of his fist in the face that two
teeth were knocked out. The alleged
assault happened on the sidewalk at
Mr.. Beers store. at North Main avenue
and Lafayette street, while the prose.
cutor was endeavoring to get the de-
30, nd M 1Na n1,ctv trf