The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-12-10
The AFFIDAVIT IS MISSING
Another Sensation Brewing 10 the
Famous Jeanings Case.
WHAT BECAME or THE PAPERe
1t Il Missing and the Commonwealth
Cannot Go TO Trial Without II.
James Baird Pleads Guilty 20
Charge Of Forgery.

be another sensation in court and At
torney Cornelius Smith will play a
leading part. unless a different phase
tion to the charge of perjury against
John G. Jennings, of Minooka. Mr..
Smiths client.
1t 10 hardly necessary to repeat the
case over in detail. but briefly; 1t will
be remembered that last May when the
trespass suit of Mr.. Jennings against
the Lehigh Valley Railroad company
was about to go on trial. the plaintiff
at the instance of his attorney made an
affidavit to the effect that Deputy Pro-
thonotary Myron Kasson was guilty of
drawing Jurors illegally.
Mr.. Jennings could not substantiate
his allegation, and he was held by
Judge Archibald for perjury. The affi-
davit was numbered among the rest Of
the papers In the jennings case. The
'~ar1 '''ry found a true bill against
the afIiant and the case was on the
criminal list for yesterday.
It now appears that the affidavit can
not be found in the flies In the prothon-
otary's office. and the commonwealth
cannot very well make out case
against Mr.. Jennings without the pa
per. Mr.. Smith has been allowed by
order of court to take the files In the
Jennings case from the prOthonotary's
Office for reference
Smith SAYS lie Has Not. Got 1t.
It was thought that he took the affi-
davit out with him among the rest or
the papers, but Mr.. Smith denies posi-
lively that he laid hands on the paper
since the day it was presented first in
court. The perjury case against Mr..
Jennings would. probably. have been
called yesterday but for the missing
affidavit. The case is in allegiance and
the commonwealth, Micawber like. is
waiting for something to turn up.
District Attorney Jones has deter
mined to teach a lesson to those with
strawbail proclivities, and he has
case now which he intends to make an
example of. Last summer Luigi Seal
20, a Carbondale Italian with some or
the fiendish qualities of Nero of old.
tried to blow up the dwelling house OF
Gabriel Pugliano with dynamite. He
partially succeeded.
His arrest followed and he was held
to appear at court on the charge OF
malicious mischief by explosives.
George Kal!ata became Scalzo's bonds
man in the sum of 5000 and he swore
before Judge Gunster that he owns
property valued at $1,000. 1t now turns
out that Kallata's property is covered
over with judgments and mortgages.
Mr.. Jones will teach this bondsman a
lesson that will serve to instruct others.
scalzo has gone to South America.
Baird Admitted Ills Guilt.
James Baird, alias Charles Odell.
Frank White, etc. the young man who
forged General Manager William F.
Hallsteads name to four checks, plead
ed guilty. Attorney John T. Martin
made a strong plea for clemency In
behalf Of the prisoner. and Judge Gun
ster imposed a sentence Of five months
in the county Jail, $25 fine and costs.
Thomas Price and Reuben Morris
pleaded guilty to highway robbery. and
will be sentenced next Saturday. They
took $32 from Thomas Harris, an old
man, at Olyphant on Aug last. Price
Is the man who. while engaged in the
barbering business on the West Side,
robbed a man he was shaving Of $40.
He is not over "a years of age. Morris,
his accomplice, Is a mere boy only 16
years OF age, and was led into the
crime by Price.
The embezzlement case of The Trib-
une Publishing company against Lewis
H. Behle. Of Archibald, terminated by
taking q verdict Of not guilty. The de-
fendant was once tried and convicted
but Judge Archibald granted him new
trial on the ground that Behle was
not an agent.
Charles F. Barnhart. alias Charles F.
Wilson, plead guilty to bigamy. Belle
Vanloovan was the prosecutrix. He
will be sentenced Saturday. Capiases
were issued for Mary McGoff and Agnes
Hunter, defendant and prosecutor re-
spectively in an assault and battery
case. They live on the West Side. and
are sisters. A capias was issued for
John Gibbons charged with aggravated
assault and battery on William Farrell.
A mol pros. was entered In the case of
John Ford, attempt at burglary; p. J.
Mcnamara. prosecutor
CoiOred Man the Prosecutor.
The first case tried in the main court
room was one in which Thomas Davis.
James Roberts. John Roberts. James
Collins. Henry Ride, John Mcdowell
and Henry Williams. seven young boys.
were charged with statutory burglary.
Jackson Merryweather, the cOlored bar
ber, was the prosecutor. Attorney
Fred w. Fleitz assisted Assistant Dis
trict Attorney John M. Harris and the
defendants were represented by Attor-
ney John F. Scragg.
They were charged with breaking into
a vacant house owned by the Prosecutor
on New street. and stealing lot of
articles; such as. brass. lead pipe. flags,
trombones books and toys. The jury
found verdict Of not guilty.
Thomas Kane. Of Carbondale, was
next tried for robbery. Chief Of Police
James McAndrew. appeared as prosecu-
tor. District Attorney John r. Jones
represented the commonwealth and At
torneys John p. Kelly and James j.
O'Neill. the defendant.
1t was alleged that on Sept. rs last
Kane. while riding in a wogan along
the highway near Carbondale. robbed
James 8. Cobb, the man who was kind
enough to let him ride on his wagon,
of his watch and a sum Of money. and
had high time with his spoil around
the saloons Of Carbondale.
Statement Made nv Kane.
Kane said ne did not do the robbery.
that Cobb was drunk and insisted on
giving his watch to him for safe keep
ing He took good care Of the watch
until Chief McAndrew took II from him.
Kane denied that he took any money.
The jury went out at adjournment to
find a verdict. Kane will be tried to-
dav for burRlarizinr the house of John