The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-12-23
PROSECUTORS GET
THE WORST OF IT
Five Cat OF Six Muicted iOr Costs Yes.
tcrday in c. imiEal Court.
ONE PUNISHED FOR BEING LATE
Hy Their Verdicts the Jurics Virtually
Say That Nine.tenths Of the Assault
aud Battery Cases Should Never Eie
Allowed To Come Into Couri.-Noyci
Defense Set Up in IL Malicious
Mischief Case.

Six assault and battery cases and one
ot malicious mischief Were tried in
criminal court before Judge Edwards
yesterday. In hNe of the cases, the
defendants Were mulcted fox all or a
part of the costs.
one of the cases has an amusing
feature connected with it. Michael Pc
anto WAS prosector in assault and bat
terry charges against John and Michael
kochick. The ease was called but
Poanto was not present. So court di-
rected the jury to find verdict of not
guilty and place the costs ON the prose-
cutor. just as the jury rendered their
nndlnS. the prosecutor came breath
ieSSly into court and hurried up to Dis
trict Attorney John X. jones, To let
him know he was ready to proceed
Instead of being invited to seat at
the prosecutors table, he was marched
before Judge Edwards and told that he
could consider himself prisoner until
he had paid the costs imposed on him
Tie was very much pcrturbed and
deeply disgusted man. During the af-
ternOon he secured his release under
the insolvency laws.
Maggie Quinn. of Pine Brook, was
the first called to answer the charge Of
assault and battery. Annie Brown was
the accuser. The allegation was that
tina defendant slapped the 4-year-old
child of the prosecutriX, because the
Brown child had slapped her child
The jury said not guilty and divided
the costs. Attorney John +. Scragg
represented the defense.
SHERIDAN AND MCGEE.
Patrick Sheridan and Frank McGee,
of carhondale. were the parties in
case No. :. McGee said he boarded
with Sheridan, hut owing to some dis
pute with Mrs. Sheridan. was ordered
to leave and did. Shortly afterwards
Sheridan met lin walking along the
Ontario and Western railroad track
and without n word assaulted him and
knocked him down. The defendant did
not deny striking McGee, but averred
that McGee butted him with his head
in the vest and that he was only act
ing in self-defense. Not guilty, costs
divided. again said the jury. Attor-
ney y. y. VOsDurg defended Sheridan.
Providence furnished the next case.
The parties were James Murphy and
James Clark. Clark testified that he
Went into Lynch's saloon Aug. last
and had no sooner set his foot inside
the door than Murphy made an insult
ing remark about him. He slapped his
detraCtOr across the face with the back
of his hand and warned him to keep
his distance. He then retired to the
back room and was sitting there read
ing a paper when Murphy came in and
apOlOgized. They shook hands and
agreed to be friendly a minute later
Murphy struck him over the eye with
IA beer glass. cutting deep cash which
endangered the sight of the eye Muir
ply put in the defense that Clark first
attempted to strike him. The jury
found him guilty, but recommended
mercy. Attorney A. 4. Nosburg APP
peared for the defense.
HIT HIM WITH A PAIL.
Peter Reiber rented a house from +.
II. Pickering, in Dunmore. He couldn't
pay his rent and had to leave. Some OF
his clothing had been left behind, and
returning to get it he found the door
locked. He pounded ON the door, and
Pickering coming down. ordered him to
desist. Thereunon, according to the
story of the prosecution. Reiber felled
Pickering to the ground with a blow
on the head from a dinner pail which
Reiber carried at the time. Reiber said
in defense that Pickering struck him
with walking stick and that he mere
ly pushed him away. Not guilty prose-
cutOr to pay costs was the finding of
the jury. Attorney George Nj. Watson
defended Rciber. Mr.. Diehle, of Wat
son, Diehle & Hall, assisted i'm the
prosecution.
That "A woman would and did break
down her own door and then charge
her neighbor with the crime was the
belief Of one jury that went out to de-
liberate yesterday. Bertha Rose, Of
the South Side, was the woman who
owned the door. Hannah Andrews was
the nei"hbor she charged with batter
ing 1t down in Il spirit of malice.
Mrs. Rose swore that Mrs. Andrews
came to her house and dared her to
come out. Mrs. Rose came out, but see
ing that Mrs. Andrews was accompa-
MED by two bricks. she retreated Mrs.
Andrews thereupon threw the bricks
through the panels of the door. Mrs.
Andrews said in defense that this was
all untrue and brought forth testimony
to show that after she aad Mrs. Rose
had had a little war Of words. Mrs.
Rose battered down her own door and
then proceeded to an alderman's office
and had a warrant issued charging her
with malicious mischief. The jury not
only said not guilty, but put the costs
on the prosecutriX. Attorney George
Eeale conducted the defense. Attor-
ney Nathan Nidaver assisted in the
prosecution.