The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-02-08
Sentence WAS SUSPENDED
Judge Gunster Declines to Send
Stackel and iObS to Jail.
HAVE AGREED TO PAY COSTS
Young Men Charged with BureInrizins
the Rendham NJ. Z. Parsonage on
Trial-JOhn and Mary Lukan Guilty
Of kcc ping q Tipping House.

Judge Gunster changed his mind
about the legal guilt of Fred Stacked
and August Yobs. the two members OF
the Arbiter Verein, which organization
rents Workingmen's hail on Prospect
avenue and Alder street. South Side.
They We're tried this week for selling
liquor without license. selling on Sun
day and selling to minors. They were
found guilty of the first two charges.
The Arbeiter Nerein is club and 1t
was offered as a defense that these
men as agents of the club had the
privilege of furnishing beer to the
guests of the club. The prosecution
was on the ground that the guests had
TO buy a ticket for admission to the
hall and that this was virtually receiv-
ing pay for the liquor furnished. At
torney John F. Scragg asked the court
to give binding instructions for YER
dict of not guilty: this Judge Gunster
refused to do. but on the contrary he
directed the jury to convict the de-
PENDANTS. The defense did not deny
that they furnished the liquor. but
by their attorney held they had the
right to do II.
The jury returned verdict Of guilty.
Yesterday Judge Gunster decided to
suspend sentence upOn payment of TN.
costs. Mr.. Scragg intended to appeal
the case IL the court had not made
this concession.
The burglary case against w, j, Van
Dyke, Elias Thomas and John Moran
was on all day before Judge titnster
They were charged with breaking INTO
the Methodist Episcopal parsonage aI
Rendham on the morning OF Aug. =.
last, shortly after midnight ana win
perpetrating the outrageous crime OF
tieing up Rev. Mr.. Cochrane.t- - the
preacher, and his wife. both elderly
persons. with a rope, and putting gags
in their mouths to hinder them from
making any outcry. The visit was
made for the purpose of ransacking
the parsonage. This was done and
they got away with some jewelry;,
Burglars Wore Masks.
The burglars wore masks but the
Cochranes were sure that they recog-
hlzed the young men. When the de-
fense opened Moran's side Of the case
was an alibi. His father and two sis
ters swore ne was home on the night of
the burglary. Thomas said he was In
Kingston when the affair happened,
that he went down there to look for
work. His sister swOre that she was
the first one to tell him about the case,
VanDyke said that on the night In
sister, who was suffering from an alb
scess on the neck. He was with hei
from early in the evening all through
the night and until the next morning
not having left the house but twice
once at $50 or thereabouts when ht
went to neighboring saloon for some
liquor, and the second time he went tt
the we'll for two pals of water. He
was corroborated by another sister
who was present the same evening
The arguments of Attorneys Burns and
Chase for the defendants were made
and 1t was then time for adjournment
Attorney NJ. ]. Donahoe was also asso-
ciated for the defense. Assistant Dis.
trict Attorney John NJ. Harris viii
make the closing argument for the com.
monwealth this morning after which
Judge Gunster will charge the jury.
John and Mary Lukan were fOunC
guilty Of selling liquor without a H.
cense and the husband was forthwith
sentenced to pay a fine of $500 ant
spend six months In the county Jail
He Is IN there now since the last tern
Of court. when he was convicted o
assault and battery and sentenced t.
six months. Mrs. Lukan will not b,
sentenced until some provision is mad,
for taking care Of their children.
Thomas Conneii Found Guilty.
Thomas Connell, the Duryea livery.
man, was found guilty of simple assault
and battery upon Newton Williams, o
Moosic. A nolle. pros. was entered II
the case Of John Raymond. charged
with cruelty to animals.
Glenn Marsh. jr., was called for tria
on the charge of felonious wounding
The prosecutor was young mar
named Richard Morgan. John p. Kel.
ley defended Marsh and Mr.. Jones rep.
resented the commonwealth. At q
pigeon shooting match last summer
Marsh was one of the contestants ant
bird that he fired at fell within the
S0-yard boundary. but was not dead
Young Morgan ran and got the bird ant
Marsh followed him. After several re.
peated shouts to drop 1t and Morgan
still running away. Marsh fired in thu
air and the prosecutor alleges that par
of the shot struck him in the back ant
some OF 1t went through one Of hi,
hands.
Marsh said he fired in the air ant
the shot could not possibly have hi,
Morgan at all. The court took tn.
felonious wounding part of the charg.
| away from the jury and sent them ou,
| to consider whether he was or was no,
guilty of assault and battery. The,
| brought in verdict Of not guilty.
NJ. w. Gunster and John X. Thomas
were called for trial on the charge OF
| larceny by bailee. James Farrell wa.
the prosecutor. Mr.. Guernsey's name
| was stricken off the Indictment at tn.
request Of the district attorney anf
Thomas alone was tried. Hon. Johr
r. Kelley appeared for the defendan nj
and Attorney w. r. Lewis for tn.
| commonwealth. The charge was lat
OF taking piano back to the stor,
which was to be moved to another
house. The defense was that there wa.
a contract in which the purchaser.
were to pay so much a month and thai
they fell away behind In their paw.
ments, for that reason the piano wa.
| taken away rightfully. A verdict ot
| not guilty was rendered by the jury.
Edward LYNN on Trial.
Edward Lynn. the man whose little
| daughter was burned up'in the fir.
in their home In the latter part of De.
| cember. was convicted of assault anf
battery upon his wife. He was de.
Tended by Attorney NJ. A. Mckinley
but there was a clear case against hin
and he was promptly convicted. Th,
assault and battery was on the morn
| ing of the fire.
John Wargo and his young son. An.
/ drew, were tried Tor assault and ba [
terry upon Edward Brown, The yer
dict of the jury will be heard today.
James Golden was tried for assault
and battery upon Edward l.. Jones
Attorneys Joseph O'Brien and NJ. ]
Walsh represented the defendant ane
| Mr.. Jones the commonwealth. Las
| November the prosecutor was paperin.
the saloon of Michael Gillespie oi
Brick avenue and he heard Gillespi,
say that Golden, who lived upstairs
was good for nothing more than sit
| ting around the stove reading tn,
newspaper. Jones was kind enough I,
go and tell Golden's wife what wa,
said, and when she told her HUSBAND
! he went to see Jones to find out IL 1
were just what Gillespie said. Jone
denied what Mrs. Golden said he tol,
her and he also told her husband tina
she was a liar. This was too much fo
1 4, IL