The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-02-15

liot Ross and II. p. Hoban appeared
for the prosecution and City Solicitor
j. II. Torrey and Attorney William j.
Hand for the defendant.
The commonwealth side of the case
was presented and then the attorneys
for the defense asked the court to take
the case from the jury on the ground
that the charge had not been sustained.
Mr.. Ryan swore that he saw Secretary
Wiley standing on the street corner
near his store on Saturday morning,
May 6, 1894, at 10 o'clock. Mr. Wiley's
testimony before Alderman Post the
next day was what convicted Mr.. Ryan,
but Mr.. Wiley swore that it was noon
when he saw the law being violated.
Difference of Time.
Counsel for the defense maintained
that the disparity between the time
that Mr.. Wiley swore he saw the sale
being made and the time Mr.. Ryan al
leges that Mr.. Wiley saw the sale, was
sufficient ground to take the case from
the jury. That Mr.. Ryan had not proved
the charge of perjury since Mr.. Wiley
swore it was noon. Mr.. Ryan could not
sustain the charge, 1t was claimed,
inasmuch as he did not produce evil
dence to show that he had not made
a sale at noon. Judge Gunster on these
grounds ordered the jury to find a ver-
diet of not guilty, but he sent them out
to dispose of the costs and suggested
that the bill of expense might be sad
died on the county. This advice of the
court was overlooked and the jury re-
turned placing the costs on the defend
ant.
George Prokopovitch, Alex Slanto and
William Mittleman were called for trial
on the charge of unlawfully refilling
registered bottles belonging to Bottlers
2. f.. Leonard and A. NJ. Morse. George
S. Horn, attorney for the defendants,
moved to quash the indictments for
the reason that the indictments did
no specify that the prosecutors were
manufacturers of beverages. Court
granted Mr.. Horns motion.
lie Gave the Liquor.
Constable Michael Snee, of Fell town
ship, prosecuted Adam Bush for selling
liquor without license. The constable
returned Bush at the instance of four
men, who swore they drank whiskey
| in Bush's house last Easter Sunday.
The defendant admitted that he pro-
vided liquor to the four men on that
occasion, but that there was chris
tening at his house and they were there
celebrating the naming of the baby.
Bush swore he did not take any money
for the liquid. The jury found a YER
dict of not guilty and placed the costs
! g. hA II
prosecutors: Anthony Miller, Theodore
Janosky, Charles Pruse, and John Mo-
losky.
| A big grist of cases were tried in No.
before Judge Purdy. Albert Bucta,
the Second ward tippling house keeper,
| was tried in Two cases, both alike The
charge against him was for selling
liquor without license. He was found
guilty of the offense returned by the
October grand jury and acquitted OF
the one returned by the Decem-
Der grand jury. Plus Suski was
charged with larceny and receiving, Jo-
seph Boyd being the prosecutor. He
was found not guilty. Antony Har-
monislli was found not guilty of feloni-
ously wounding Frank Karwoskey.
AuOtneT tipping HouSc taSe.
John Sherreck was returned for keep
ing a tipplng house by Constable
Mathew Bean, of Old Forge. Sherreck
was fortunate. as the jury found him
not guilty and the conscientious con
stable will pay the costs. Another one
of those embezzlement cases that are
lately flooding the courts was the next
one called before Judge Purdy. 1t was
against William AXon and the Pru.
Dental Life Insurance company is the
prosecutor. Attorneys Hulslander and
Vosburg represented the company
and Attorney John f. Scragg the
defendant. An effort was made
by Mr.. Scragg to have the indict'
ment quashed because the indictment
did not state the amount of the embez
Element. Judge Purdy thought thai
such was not sufficient to quash ant
the case went on, but proceeded no fur
ther than the opening.
The jury in the case OF Philip Hens
ley, charged with bigamy, found hin
guilty in manner and form as charged
in the indictment. James Kennedy
gave bond in the sum of 5000, guaran
teeing to keep the peace for the coming
six months
Court Next Week.
Judge Albright, of Lehigh county, ha!
consented to come here next week t
try the case of the commonwealth
against John S. Rostoskey, who |!
charged with the murder of JOSEPH
Clule, on Sept. "a last, at what l!
known as the Ridge, in Archibald Dor
ough.
This is the last week of the presen
term of criminal court, and as it vii
be impossible to reach this case Judg'
Archibald decided to have it special!
tried next week, as the defendant ha
now been in Jail almost five months
Argument court will be conducted II
the main court room and the murde
case will be tried in No. 2. The jur!
will be selected Saturday from thi
weeks panel, and the trial begins Mon
day.
The murder is said to have been will
provocation. A base ball bat was tn
weapon used, and the murder was com
mitted in the hotel of Rostoskey'
brother.
Reduced Rates Authorized on the NickS
Plate Road.
to tho west and southwest, March an
April Q, account Home Seekers exour
sions. Ask your city ticket agent for dc
, tailed information, or address +. j. Moore
general agent No 20 Exchange street