The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-10-24

The October term of criminal court
Thomas Malloy. of Minooka, were re-
turned not guilty of assault and bat
terry on Patrick Feeney, of the South
Side. and the costs We're divided in the
proportion of two-thirds en- the defend
ants and one-third on the prosecutor.
John Yonalones was tried on the charge
OF stealing a watch from Adam Mix
laskey was found guilty.
John j. White of Fell township. was
tried for stealing SO from Adolph
SchWartung. The evidence showed that
they had been drinking together. White
claimed that he borrowed the money
from the prosecutor. After the latter
sobered up and missed the money he
came to the conclusion that ii was
stolen. The jury found verdict of not
guilty.
William Rogers was acquitted Of as
sault and battery upon Anna Allen, a
young woman residing on the lower
end of Lackawanna avenue. She was
directed to pay the costs.
DID NOT STEAL WHISKEY.
A verdict of not guilty was taken in
the case in which John Montage and
John MeZak We're charged with steal
ing bottle of whiskey from Andrew
Holomko. of Priceburg. Alexander
Grass. Hebrew, was not around to
prosecute Thomas Robinson and Henry
johnson. two colOred men. for stealing
some lead pipe and copper from him,
and verdict of not guilty was taken.
Alonzo Haley was tried for aggravat-
ed assault and battery on William Peck,
OF Fell township. The affray took place
in a saloon, and ii was alleged by the
prosecutor that he was stabbed during
a quarrel which arose. The jury
brought in verdict of guilty of simple
| assault and battery. Michael Gizzor
was returned not guilty Of aggravated
assault and battery on Michael Olop-
tOwski and the costs were put on the
prosecutor.
a verdict Of not guilty was taken in
the case wherein John Chester Peck
was charged with burglarizlng the
house of David Wayman. The case
was in the courts for nearly two years
and was continued from term to term
for one reason or another.
EVIDENCE NOT SUFFICIENT.
Ira G. Westcott and John Van Horn
| We're tried on the charge Of enticinS
girls under 16 years of age for inn
moral purposes. They were defended
by Attorneys George s. Horn, John r.
Edwards and +. w. Thayer. The evi-
| dence was not sufficient to convict and
Judge Edwards SO instructed the jury
but he sent them out to dispose of the
costs, and they returned by putting the
costs on the defendants.
Mrs. Josephine Westcott, who was
murdered by George Van Horn. was
Westcott's wife, and Van Horn the de-
fendant is brother of the fugitive
murderer The evidence did not ad-
luce anything further than to show
that the defendants used vile language
toward the girls. One Of them was
Maud A. Ross, IA years old, the other
was Esther Cole. Both were under l6
years of age.
William f. Davis was tried on the
charge of being the father Of Jane
Lidgett's female child. The young wO-
man lived as domestic on Eynon
street, and Davis was in the habit Of
calling on her twice a week. She
charged him with being the author of
| her misfortune. He denied he was the
father of her child, but admitted him
self guilty Of unlawful relations with
her. The jury had not brought in a
verdict at adjournment.
STOLE TEN DOLLARS.
| John Allen, of Carbondale, admitted
| t'Iat ne Stole SlU from Nlllldm InOTlaS,
| of that place. He is a young man and
| it was his first time in court. Judge
| Edwards let him off with two months
| in the county Jail. The money was
| stolen while the defendant was under
the influence of liquor There was no
one present to prosecute Paul Skoda
! and Kate Czerwack for stealing two
chickens and verdict Of not guilty
was taken.
August Schmitt of the Nineteenth
ward, was tried for beating his wife's
uncle. Philip Soar. Attorney John j.
| Murphy represented the common
wealth. but the defendant could not
| afford to hire a lawyer and conducted
his own case. The testimony was con-
| tllcting. Soar Is an old man, and
Schmitt Is young one. The trouble
occurred last May. Soar said Schmitt
was drunk and hit him twice in the
face at the gate. Schmitt said he was
not drunk. and that it was he who
got hit in the face. The jury had not
brought in verdict at adjournment,
and jurors not engaged on cases were