The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-12-04
Witness Denies q Likeness That Was
Very Much Like Him.
Mr.. vIDAvERs GRAND DENOUMENT
Criminal Court Enlivened by AN In.
teresting Case with q Sensational
Feature or TwO..Verdict That Was
a Surprise. General DOings of the
Day In Quarter Sessions.

with Oelng the 1atnef OF Il cnllu WHICH
squawked and kicked and cooed at
times in the arms of Elizabeth Fitzsim-
mons. a neighbours daughter, who sat
at the prosecutors table. She swore
that he not only was responsible but
that he had promised her marriage af-
ter a reasonably long cOurtShip.
Mackerel denied everything and his
attorneys, ex-Judge Ward and Thos.
p. Duffy, strOve to show that anyone
of a half dozen or SO young Grassy
Islanders might have been made de-
PENDANTS In the case rather than their
injured and innocent client. They were
apparently succeeding fairly well in
thus impressing the jury when Nathan
Vidaver, who was assisting District
Attorney Jones in the prosecution,
sprang a highly dramatic climax.
HIS OWN FACE.
Mackerel was on the stand and Vi
daver was cross examining him.
You never cOurted this girl?"
mo, SIR
"You never called on her six nights
in the week and told her that life with
out her was an arid desert without on
oasis?"
mo, sir"
you never took her to a picnic or
party or ball and walking home in
the Wee sma' hours under the soft pale
moonlight poured soft silly nothings
into her carp
No, sir"
"You swear you were never with her
at a picnic?"
II do"
you never had your pictures taken
together"
mo, SIR"
Then" said Mr.. Vidaver as he
tossed tintype up to the witness,
whose picture is that standing in the
group next to Miss Fitzsimmons?"
The witness bushed. twitched nerv-
ously In his seat and then leaning for
ward with much emphasis declared,
That's not my picture"
The picture was handed to the Judge,
passed among the jurymen, shown to
the defendants attorneys, submitted
to the examination of the members Of
the bar and other spectators, and one
and all, except those whose interests
were allied with the defense, declared
that Mackerel had either forgotten
what his appearance Is like or else he
Is a charming swearer And the de-
fendants father declared also that it
was not the picture of his son.
Miss Fitzsmmons went on the stand
SWoiC tudt Tic plCtuTc was TAKEN
at Farview a couple of years ago on
the occasion of temperance societys
excursion, to which she was taken by
Mackerel. The picture showed I'm
dressed In the temperance society's
uniform. but he unblushingly and un-
falteringly denied that he ever wore
such a uniform or belonged to the So
ciety which wore such uniforms.
The case went to the jury az ad-
journment.
WAS A CHILDREN'S QUARREL.
The first case called in the morning
was that of Mary Thomas, charged
with assaulting Anna Walsn, the s.
year-old daughter Of Mr. and Mrs. Ed
ward Walsh. The parties live in Old
Forge. 1t was alleged by the prosecu-
ton that on Sept. 25 last Mrs. Thomas
assailed their daughter on her way to
school and beat her until her arms
were black and blue.
Mrs. Thomas averred that the Walsh
child and her child got into a quarrel
and that she merely separated them.
The jury, by it's verdict of mot guilty,
costs divided" declared as almost ev-
cry jury has so far this term, that the
case should never have been allowed
to come into court. Joseph O'Brien
was attorney for the prosecution and
ex-Judge Ward and Thomas p. Duffy
for the defense.
Adolph Brotly. a special officer Of
Blakely, was arraigned for assaulting
the little daughter Of Rosa Souka of
Winton, on April IA last. He explained
to the jury that he only bumped
against the child while trying to AVOID
blow from a beer bucket in the hands
Of her mother, which was aimed at his
head while he was trying to arrest
the childs father. The jury went out at
noon and at 4.30, as court was about to
adjourn, they sent in word they could
not agree. Judge Gunster sent back
the order that they would have to stay
together till they did agree, and up to
late hour they were still arguing.
TWO CASES SETTLED.
The cases against Fred Phinney and
James M. AlbertsOn, In which they
were charged with assault and battery
by Andrew COnlon, foreman of the
Traction companys linemen, were set
tied out of court; verdicts of not guilty
being taken, the defendants paid the
costs.
One Of the big surprises Of the week
was the acquittal of Daniel Farrell
Wednesday for assaulting peddler
named Jellack Rosenberg. The allie
cation was that they boarded his
wagon near Prlceburg late one night
while he was driving home and after
rendering him semi-conscious with a
blow on the head, attempted to rob
him. The charge of robbery. however,
was not pushed. because it was appar-
ent that a man in a semi-cOnscious
condition could not give accurate tes-
timOny Of what was occurring, but the
evidence convinced about everybody
else around the court room that the
assault and battery charge was proven
beyond any question Of doubt. The
defense was simply a denial. NJ. ].
Walsh was attorney for Farrell and
Judge. The costs were placed on the
|. defendants.
John Kazleuckas, charged by George
F. WickenhOffer with larceny and re-
ceiving, was yesterday admitted to bail
by Judge Gunster. M. F. Wymbs
qualified as surety in the sum of $500.
Thomas Durkin, charged by Mary Cur
ran with defrauding a boarding house
keeper, was also admitted to bail
Anthony Walsh furnishing 5000 bail.
Bail was declared forfeited in the
case Of Yetna Kneodler, who failed to
respond to answer the charge of ma
licious mischief, preferred by Clara
Weichel. James Fahey was her bonds
man for $500.
Wyoming Seminary.