The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-06-26
an animal and was SO thick at times you

frequently made me sick"
Mr.. Gilavary was the last witness ex-
amined yesterday. on cross-examina-
ton the attorneys for the defendants
endeavored to draw from the witnesses
an admission that the odors complained
of emanated from a night soil Dump
ing ground near the factory.
Rctra ction by Mr.. Aitkcn.
A nolle prosequi was entered In the
libel case of John w. Aitken, general
manager OF the Lackawanna Valley
Rapid Transit company. The prosecu-
tor was Emery Roofs, an engineer on
the New York. Ontario and Western
railroad. Mr.. Aitken wrote the follow
ing letter in retraction of what he said
concerning Mr. Rolls:
Carbondale, June "a. 1895
Mr.. II. B. Williams Superintendent N. Y,
o. a w. Railway:
Sr-Rcfcrring TO my letter to you OF
May, In reference to Emery Rolls, engi-
neer. would say that ut the time OF max
ing the allegations against him, l had only
the reports of the deputy sheriff. motorman
and conductor. / have learned since that
II was some other person other than the
engineer who called out "scab." and that
the Engineer Rolls being In charge OF the
engine was on the opposite side Of the
engine and probably did not see the car.
have no doubt but that Mr. Rolls was ig-
norant of what was going on, and that he
was innocent Of the charges made against
him in the letter referred to. Yours truly,
John w. Aitken.
James Jordan. of he West Side. was
found net guilty of having assaulted
and battered Mrs. Mary Luckas. one of
his tenants, but will pay the costs. John
Drake was found innocent of beating
George Penack, and the latter will pay
the costs. James b. Faulkner, of Car
bondale, was acquitted of the charge Of
stealing coal from the Delaware and
Hudson Canal company.
LayhOurn Trics to Deceive.
When the case against John lay
bourn charged with running an unli-
censed hotel az Providence, was called
his attorney. George ID. Taylor, asked
for continuance on the ground of the
Illness of his client. District Attorney
Jones had information that Laybourn
was around the house the day before
and asked the court to send a physician
TO examine the accused. At the same
time capias was issued for Laybourn
DR.. Gardner reported that Laybourn Is
able to attend court. and he will be
brought in this morning. and tried. He
Is one of the hotel keepers who volun-
tarily gave up his license to save the
$500 1t would cost him.
Walter Brownlee was convicted before
Judge Edwards of keeping a tippling
house at Peckville. The prosecutor was
Constable +. l.. Craig. Brownies made
no defense. John Hopkins and Patrick
Murray Were returned not guilty of
assault and battery on Joseph Mesler
in the mine of the Sterrick Creek Coal
company at Olyphant. The prosecutor
will pay the costs.
There was not sufficient evidence to
warrant a conviction in the case Of
Evan Semratt and others charged with
robbery by William Goodman. and a
verdict of not guilty was taken. Sim
liar action disposed of the assault and
battery case between the same parties.
James Mack Was Not Guilty.
JosepH riga tolu jury IN court room
No. that James Mack, of Carbondale.
hit him in the neck because he refused
to give Mack SO for securing work for
him. Not guilty said the jury, which
divided the costs equally.
When court aodjurned Peter Hanm,
of the South Side. was on trial before
Judge Edwards charged with assault
ing an old gentleman named Emil
Bauer. One Sunday night last winter
Hamm went to call on a Miss Keller
man, of Cedar avenue. While knocking
for admission to the house Bauer ap-
peared upon the scene and blows were
exchanged. Each charges the other
with beginning the hostilties.
Patrick Mcdonald and Patrick Moran
failed to appear for trial and theirn
balls We're forfeited.