The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-01-03
MRS. Van DYKE IS GUILTY
She Was Convicted Of Keeping Dis
orderly House in Old Forge.
GIVEN TWENTY DAYS IN JAIL
Judge Savidgc Speaks Sternly to Juries
That Have Disposition to Disregard
Evidence -Carbondaic ScOlding
Case Oh in the Main Room.

Matters in criminal court Were re-
sumcd yesterday after Il New Year.
vacation. Judge SavidGe in the nam
court room delivered a stern rebuke TO
two juries for bringing in Verdicts
that to him appeared to be improper au-
judica tionS of the cases.
In the afternoon the assault and bat
terry case of the commonwealth against
John I.nughney was tried. Attorneys
Buurke and Bonner represented the de-
feEdant. Patrick Cusick was the prose
cutur. District Attorney Jones repre-
Sented the commonwealth and Il clear
conviction was made ont. The charge
of the court was almost Il direct instruc-
ton u tind the defendant guilty, never
theless the verdict was acquittal and
the costs were divided.
I.oughney and Cusick live in the North
End. one evening last summer both
of them had u little TOO much beer
taken and indulged in a fight. The
EVIDENCE was that he defendant invited
the prosecutor out in the alley; the
invitation was accepted and. the two
of them being pretty strong young men
and evenly matched. both got well ham
mered.
Judge Savidge said in his charge he
thought they could agree without leav-
ing the box: while they were striving to
do this one of them arose and inquired
II botn of them could be found guilty.
There was a good deal of ee-sawing
and finally they divided the costs The
judge after taking the verdict told them
they might be- honest about it but they
were very much mistaken in admins
'ering justice In that way. Juries are
sworn to try the cases according to the
law and the evidence and in the case
where thp ayi1anrn iS Al annnuh 10,
warrant Il conviction such verdict
ought to he rendered. any other verdict
brings the law and the courts of JUS
tice into disrepute. He scored a Jury
before noon in like manner.
Scandal in the iahtOrhOOd.
Mrs. Annie Van Dyke was put on trial
for keeping "A dsorderly house in Bar
bertown. Old Forge township. Attor-
ney A. \. Chase defended her and the
commonwealth was represented by Dis
trict Attorney Jones. The charge against
the woman was that her house was i'll
governed. the source of disturba nee, en-
couragement of dleness and a common
nuisance to the neighborhood and or
derby citizens.
John Cook was the first witness He
is IA school director of Old Forge. He
sa1d that within year prior to the date
that County Detective LeyshOn raided
the place on Sunday evening, Sept q
last. Mrs. Van Dykes house was the
rendezvous of IA number of Italians and
characters of lawless proclivitieS School
children were frequently scandalized
by the conduct of the habitues of the
place. Shots were often heard about
the house. Rachel Thomas, the woman
who owns the house where the Van
Dykes live, said that on pay days and
often during the month much beer was
drunk on the premises.
County Detective Leyshon. Constable
Timothy Jones and Patrolman Thomas
w. Jones, who made the raid last Sep
tember, We're sworn. The county detec-
tive said seven or eight complaints at
different times had been made to him
about the Van Dyke household
in drinking; Il pail of beer was on the
table; Mrs. Van Dyke was the only
woman there and she had her feet upon
"A chair and was smoking clay pipe.
Verdict Of Guilty Returned.
One part of the defense was that Mrs.
Van Dyke was not the lessee of the
house, that her husband, who was then
and is at present in the county Jail on
the charge of burgiariZing the Stewart
Memorial parsonage at Rendham. was
the one. The main part of the defense
was that the commonwealth had not
made out Il case. The jury retired at
3.45 and returned a verdict of guilty.
The sentence was fine Of ST.. the costs
and twenty days I'm jail. She has al
ready served three months and eleven
days.
Mrs. Kate McNulty, good looking
young married woman with year-Old
baby i'm her arms, was the next defend
ant. She was put on trial charged with
being a common scold Attorney A. w.
Bertho!f was her counsel and Senator
Nj. IL. Mcdonald represented the COM
monwealth James McNulty was the
prosecutor Both parties live in Car
bondale.
It was alleged that twice a week in
last July, August and September the de-
fendan; was in the habit of going out
upon the public highway and there in
the presence of every person who passed
by sculd and abuse the prosecutors and
their families and call them vile names.
Mrs. McNultys husband is a second
cousin of one Of the prosecutors. The
testimony offered Is repulsive and not
| tit tn appear i'm print. The prosecutors
| are young men and the defendant does
not appear to be over forty years old
Much time was taken up with the trial
| of Martin Turnovich, of Olyphant,
| charged with larceny and receiving.
! Edward TinSley was the prosecutor.
: The defendant was charged with steal
ing log chain valued at S4 Ex-Judge
Stanton represented the defendant and
| Mr.. Jones the commonwealth \ YER
diet of not guilty was rendered.
kennedy Was Acquitted.
Edward Kennedy of Mayfield,w was ac-
quilted of eaking In the door of
Thomas Cav .naughs house at May
| field. but he was directed to pay the
costs. Judge Savidge told the jury that
the imposition Of the costs on Kennedy
was no punishment; If they watched
| they would see him in a short time go
forward and take advantage of the in
| solvency laws, then the county would
pay the costs.
william Fern. a young man charged
with stealing quantity of brass valued
| ut $2j from the Lackawanna Iron and
| Steel company pleaded guilty and i'm con-
! sideration of the fact that he has been
| already quite while in Jail, the SEN
tence of the court was fine of S5. the
| costs, restore the property stolen or the
value thereof and spend thirty days in
| Jail.
Fritz Toulock said he was guilty. of
| battering in the front door in the house
| Of Mrs Mary Howells,of the North End.
and the court sentenced him to the costs
| and thirty days in jail. Frank Winters.
| the man who was arrested by Patrol
| man Iona Day for stealing hams from
| car on a West Lackawanna avenue
| switch, admitted his guilt and was sem
| fenced to spend three months in Jail and
pay fine of S.. Winters says he was
n Homestead striker. He was intoyi-
! Gated when he broke into the car and
| took the hams.
The jury sworn to try the case gainst
| Mr.. and Mrs. John Lukan, both charged
| with keeping tippling house on Lloyd
street. could not agee and were dis
| charged from further consideration Of