The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-04-23
CASES IN CRIMINAL COURT
BandmaSter Allan Lawrence Not
Guilty.
SIMON ARuSHERS CONVICTED
FelOnious WOunding Case In Which Lee
W. Nichols Was Defendant Gone TO
Jury-S Sentenced for Selling
LIQUOR without License.

James Hennigan, the young man VINO
was caught after having committed q
theft in the Young Mems Christian as
sociation gymnasium last summer
pleaded guilty yesterday morning on
advice of his attorney, John j. Murphy,
and Judge Edwards was lenient: the
sentence was a fine of $l5 anu two
months in the county Jail
Allan Lawrence. the bandmaSter VINO
was tried on the charge of receiving
stolen musical instrument,was returned
not guilty. The next case called be
fore Judge Gunster was that OF the
commonwealth against Lee w. Nichols,
charged with feloniously wounding
Constable J. s. Miller, of the Ninth
ward. Assistant District Attoreny
John NJ. Harris and Attorney Charles
l.. Hawley represented the prosecution
and Attorney John F. Scragg appeared
for the defense.
on Saturday. Febraruy s. 1895, Con-
stable Miller went to the defendants
house on Vine street to execute a land
lords warrant for $S1 unpaid rent.
dispute began and the result of 1t was
that Nichols struck the constable first
with his fist and next with fiatiron.
His jawbone was fractured i'm three
places and his left arm was broken.
Miller says he escaped from being muir
dered by backing out the door while
Mrs. Nichols was trying to RESTRAIN
her husband from killing him. --5 .
DIR. FULTON's TESTIMONY.
DIR. W. .G Fulton to whose office
Miller went for medical treatment at
ter the assault testified to the serioLs
nature Of the prosecutors injuries. The
doctor Is still treating him on account
of the fractured arm. Mr.. Miller also
swOre that Nichols came to him some
time after the occurrence ana then ad-
mitted he meant to murder him. but
was sorry and wanted to settle the
case and have the suit dropped..-. "a
The story of the defense represented
that Miller came to the house that Sat-,
urday afternoon with q landlords war,
rant. Mrs. Nichols told him to pro-
ceed with the levy and take his depart
ure as quickly as possible, as she was
not anxious for his presence. He told
her he didn't have to go; that what
there was there belonged to him and he
| could go when it suited his fancy. She
told him what was there was not his
property and he then called her Il liar.
AT this point Nichols stepped In
and Informed Miller that If he came to
insult his wife he did not propose to
allow 1t. Then Miller grabbed Nichols
! by the neck and as soon as he did Mich
oils struck him and knocked him
against the wall. When Miller was re-
covering himself he reached for his MP
pocket, and Nichols. seeing this move
ment, took hold of piece Of board
used in pressing sleeves and he pressed
| ii with force against he constable's
head. ....-
| JUDGE GUNSTER'S CHARGE. d"
In his charge to the jury Judge Gun
| ster said that if they believed that
| Nichols thought from Millers reach
| ing for his Dockct as ii to get a pistol
! he as in danger. he had perfect right
| tu use the board to defend himself and
GUST the constable from the house. The
charge throughout leaned to-. the de-
defendants side. The jury went out
at 30 to deliberate upon a verdict.
| Victoria Phillips was tried FOR as
| sault and battery unon Agnes Shinta.
| Mr.. Harris represented the common
| wealth and Attorney Joseph O'Brien
| the defendant 1t took only fifteen
| minutes to send the case to the jury
The prosecutriX danced with Mrs. Phil
| lips husband at a recent wedding on
the South Side. and It angered her 50
that she took a handful of hair from
| Mrs Shinta's crown of glory.
The assault and battery case against
| Charles Sauer. of the Nineteenth ward.
|
vened in the morning. The jury re-
turned verdict of not guilty and al
| vided the costs equally between the
| parties Stephen Kalner was the
| PROSECUTOR.
John Bossak. of Richmondale, was
tiied for selling liquor without a IL
cense and selling on Sunday. The
prosecutor was George Sebannus. The
evidence was brief and after being out
but short time the jury brought in a
verdict of guilty on the charge of keep
ing tippling house and not guilty of
the other charge. The costs We're put
on the county. Judge Edwards SEN
fenced Bossak to pay a fine of $500 and
spend three months in the county Jail.
MINOOKA BOYS TRi.
James Wallace, Joseph McDo. ugh,
Ernest Rawding, John Welsh and Pat
rick King, all of MinOOka, and under %
years of age. We're tried for assault
and battery on Joseph Blackam, an
other boy. District Attorney Jones
and Attorney j. +. Watkins represent.
ed the commonwealth, and Attorneys
Joseph O'Brien appeared for the de-
PENDANTS
Young Blackam was employed In one
of the drifts of the Greenwood Goa
company. and one day while seated be-
side stove in a shanty outside the
drift, flames shot out of the stove and
scorched him so that he was laid VI
for month. He claimed that the de-
PENDANTS fixed up plan that one OF
their number should climb on the root
the-sllftf tfft
stove pipe to bring about the result
that occurred. The defedants denied II
and the jury brought in a verdict 70 ac-
quittal and put the costs on the county
James Lavelle, of Boone Hill. Is or
trial in the main court room before
Judge Edwards. charged by Bridget
Tobin with serious crime. District
Attorney Jones and Attorney John II
Martin are conducting the case for tnt
commonwealth. and eX-Judge Ward
Attorney George s. Horn and Attorney
r. V. Powderly represent the defend
ant. Miss TObin lived with her brother
on the corner Of Grant avenue ant
Price street, and on Saturday. Aug. d
1895. she went to picnic. Late a
night. she claims, Lavelle volunteered
: to escort her home. and on their way
across field she was overcome will
an attack of epilepsy. In her helples.
condition Lavelle took advantage O
her and perpetrated an outrage upoi