The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-02-06
N. ]. s10hs Is ACQu....
.Iury Finds Him \oS Gnilty OF the
Crime of Forgery.
HE is D,REc1ED To PAY COSTS
Treasurer of the ncfunci O,yphan
Bank Wns Very FOrtuna;e-Pr Prorrietor
Nhyte OF Hotel Terrace Not
Guilty OF Assault nud battery.

At 3.45 yesterday afternoon verdict
of mot guilty but pay the costs" was
rendered by the jury in the case of the
commonwealth against Treasurer NJ.
]. Stone, of the defunct Olyphant Trust
company. The finding of the jury was
generally commended and many felici-
tatiOns were accorded to the defendant.
District Attorney John r. Jones
made out a very strong case. The de-
fense held to the line that Mr.. Stone
had been guilty of nothing more than
an error OF Judgment. The case was
resumed at y o'clock i'm the morning
when court convened and rs charac-
ter witnesses the following persons
were called: Attorneys NJ, w. Lowry.
Ii. Nj. Streetsr and Frank r. Okell: l..
NJ. Horton. j. l.. Stellc. ii. q. Dunham.
G. NJ. Whlttemore. Frederick Shear
and City Solicitor James II. Torrey.
They testified 20 the honesty and up
rightness of Mr. Stone and to the con-
fidence reposed i'm him.
Mrs. Nettie A. Stone, the defendants
wife. went on the stand and testified
that her husband had absolute power
to sign her name In any transaction
that he chose She had an individual
deposit in the Olyphant Trust COM
pany's bank and he had permission to
sign her name In the use Of that amount
or to an unlimited amount. But he did
not tell her of the note of $4,000 to
which he signed her name until after
the bank went into an insolvent con-
dition.
Evidence Was Ruled out.
Hon John p. Kelley, assignee Of the
bank. was called by the defense and
1t was offered to prove by him that the
notes drawn by Mr.. Stone in the names
of other persons. worked no harm to
any person concerned. Judge Arch
bald would not allow the evidence, sus-
tanning the objection OF Mr.. Jones to
its admissibility. The defense then
rested and no testimony was offered in
rebuttal.
Mr.. Comegys made an eloquent ad-
dress to the jury for the defense and
was followed by District Attorney
Jones for the commonwealth, whose
argument was clear. logical and easy
to grasp. The charge of Judge Arch
bald was finished at 2 o'clock In the
afternoon and in one hour and forty
five minutes the verdic. was brought
in. There Is case against Mr. Stone
charging him with e!nbezZlement but
1t will likely be nolle pressed In view of
the verdict of the jury in the forgery
case.
Superintendent Theodore Wolf. of
the Lackawanna Iron and Steel COM
pany. was the next defendant. The
charge against him was assault and
battery upon Thomas Green, a boy
about sixteen years old. living with his
parents on the South Side District
Attorney Jones represented the COM
monwealth and Attorney Joseph
O'Brien the defendant.
If Mr.. Wolfe were defending himself
In a court of equity instead of the Grim
inal court where statute covers the ac-
ton, he would undoubtedly receive a
reward rather than punishment His
offense consisted of slapping an inso-
lent boy with the back of his hand
when the circumstances justified ad-
ministering a good kicking. Judge
Archbald's charge 10 the jury was as
follows: "Gentlemen, it is unnecessary
for me to charge you in this case
Bring in your verdict in the morning."
Tried Before Judge Gunstcr.
The first case tried in No. court
room before Judge Gunster was against
Joseph X. Osgood. charged with false
pretenses. Charles II. Clause was prose-
cutor. Attorney George d. Taylor rep
resented the commonwealth and Hon.
John p. Kelley the defendant. The
facts In the case are as follows: The
defendant got the prosecutor to sign
a note for $3.50 as security and it was
alleged that he represented that he was
worth $500. Before the note was due
the sheriff seized OsgOod's property and
sold him out so that he was not able to
meet the obligation for which the note
was given as security and Clause had.
to pay the money. 1t was New York
firm to which the note was payable.
The parties live In Moscow. The jury
had not brought in verdict at adjourn
ment.
In the assault and battery case where
w. II. Whyte. proprietor of Hotel Ter
race. was defendant and Charles Perry
prosecutor, a verdict of not guilty was
found and the costs were divided in
equal proportion. Mr.. Whyte was
charged with using more force than
was necessary in dealing with impu-
dence on the part of the prosecutor.
Verdicts Of not guilty were taken in
the following cases: August JULIO, as
sault and battery; Frank Raviola.
prosecutor; Robert Turnbull assault
and battery; j. C. KRONER, prosecutor;
George f. Anthony, violating game
laws; S. J. Kinds. prosecutor.