The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-02-14
eleven were WON over
One ,Iury man Makes the Rest of the
Twelve Sec Things His Way.
THEY MERE. OUT ALL NIGHT
Jacob Ward. Of Ransom. on Trial for o
Criminal Attempt on Mrs. Frances
Garey. Who Was Doing
Ills ilOusewOrk.

y
all night session the jury failed to agree
upon verdict: eleven of them were IN
favor of conviction, it is said, ana the
twelfth. Thomas Williams. miner or
Maytield believed the story of the de-
fendant that the prosecution was
founded on malice and spite work.
They came into court at nine ocioch
with the information that they We're
not of one accord: Judge Edwards
told them the case ought to he disposed
of. il possible. and he sent them back
again. They retired and took Mr.. Will
liams' view of the matter and brought
back a verdict Of not guilty. This is
the case where the parties reside at the
Ridge" in Archibald borough.
a verdict of guilty was returned
against Frank Kedruskey and Joseph
Novac. the two Lloyd street Polanders.
who assaulted Walter Moore, II colored
man, with stones on Sunday evening
before last Christmas and left him in a
battered condition.
Sentence Imposed on kcdrnSkv.
Judge Archibald sentenced KedruSky
to nay Il fine of 81 and spend four
months in the county jail. This is the
defendant who. as brought out in evl-
dence. threw the stone. which spilt
Moore's ear. Novac was sentenced to
thirty days in jail: his part in the fray
WAS HloTf vi tIit fdtuit VI u' o'' ,N'''
His father is now in the penttentiary
for killing fellow countrynian on
Lloyd street four years ago. -l%
Roman Smith was tried for aggravat-
ed assault and battery on Patrick ku-
ane. They are boys about II years old
and It was charged that smith struck
the defendant on the head with big
stone and nearly broke his skull with
the blow. This was denied by the de-
'rp.a III hrnlInnt in a verdict
of not guilty and equally divided the
costs
Raphael Cheri'lo was tried for strik-
ing Joseph DE l.oskey on the jaw with
il stone The indictment charged him
with aggravated assault and battery
They live I'm carbondale and the en-
counter happened n few months ago.
The jury found Il vcrdic, on the charge
of simple assault and battery John
Cloth is on trial before Judge Edwards
for stealing $l31 and a Judgment note
of 500 from Dominick Ambr0ws of Aus
tin Heights. Old Forge township, early
last December. ......
The story of the Theft.
The defendant boarded with the pros
ecutor and went into his room one
morning early to- borrow AmbrOws'
shoes. The latter refused to let the
boaricr step into his shoes. and after a
little parleying Cloth went out. But
before he did he took with him hand
kerchief AmblOwS did not believe in
the stability of banks and he had the
500 and the judgment note tied up in
knot in the handkerchief. which
Cloth took out of the room. The money
was afterward recovered. The prose-
cutor followed the defendant, charged
him with taking the money and the
defendant flung 1t at him. This Is the
story Of the prosecutor. That of the
defendant will be heard today. Attor-
ney A, J. Colborn. jr.. represents the
defendant. and Attorney NJ. W. Lowry
is conducting the case with District
Attorney Jones for the commonwealth.
Before Judge Archibald in No. . the
case against Jacob Ward, of Ransom,
was put on trial and was finished ex-
cept the arguments of counsel and the
charge of the court, which will be
heard by the jury today. Assistant
District Attorney John NJ. Harris con-
Quoted an able case for the common
wealth: Attorneys George $. Horn and
eX-Judge Ward represent the defend
ant. Mrs. Frances NJ. Carey is the
prosecutrix. The charge against Ward
was that on the morning of Aug. 20.
1895, he made criminal attempt upon
Mrs. Carey. who was doing the house
work for him. his wife being i'll. She
kitchen, but she strove against his pur-
pose and prevented his design.
Total Denial Made by defendant.
A total denial of the charge and the
allegation that Mrs. Carey had been q
woman of bad reputc. was the story Of
the defense. Ward is middle aged
man and has farm in Ransom Mrs.
Carey Is a woman not much past thirty,
and is somewha: attractive in appear
ancc. Ward testified that she was fire.
quently in the habit of coming into his
bedroom before he got up in the morn
ing and her actions were opposite to
those expected of virtuous woman.
1t used to make him very much
ashamed. Once she came while he was
stark naked. He ran into corner and
hid behind the door until she went out.
The morning she alleges he attacked
her. she went into the barn where he
was. twice after the hour that he is
accused of having made the attempt.
This was to show that If he had done
anything such as he is charged with.
she would not have trusted herself
alone with him. He did not know that
he was accused until he received a let
ter from Alderman Thomas S. LOTUS,
| of Pittston. a week or so later
Mrs. Ward was sworn and her testi-
mony was straightforward and given
with a good deal of feeling. She re-
membered the morning of August 90.
because on that day Mrs Carey left
her to go to Dallas where her mother
had died. Mrs. Ward wanted Mrs.
Carey to find someone to take her place
until she could return and not to leave
her alone. Mrs. Ward heard no screams.
nor no struggle in the kitchen between
her husband and Mrs. Carey. The
groundwork of the prosecution was,
oh hal r.
Carey was not entitled to but which
she claimed payment for. The amount
was only 80 cents and was for one days
washing.
Testimony as TO Her Reputation.
DR.. Smith. of Ransom. was called by
the defense and he swore that from the.
general speech OF the people Mrs.
Garey's was bad Mr. Har-
ris questioned him closely and the doc
tor failed to name one person he heard
discussing her reputation.
Alderman Lotus was called. Carey,
the woman's husband. came to him and
wanted warrant for Ward. The al
derman, knowing the jurisdiction of
the case was i'm Lackawanna county,
referred Carey to Alderman Millar. of
this city, as capable and courteous
magistrate tn take the matter before.
MIR. LOTUS, at the solicitation Of Carey.
wrote u letter to Ward. concerning the
case Carey told the alderman he
would settle for $l5. When Ward came
in answer to the letter he denied the
charge against him and said he had
done nothing and therefore there was
nothing to arbitrate.
Rev. Mr.. 5haffer. pastor Of the United
Evangelical church. of Ransom. swore
that the prosecutrix's reputation for
chastity was, from the speech of the
people, not good. He knew her five
years ago in Alton village. Columbia
county and was told then by his class
leader that Mrs. Carey did not possess
good morals. Since coming to Ransom
he had heard that she is. too fond of
| mems company. Her own mother told
him that. This was substantially the
case.