The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-10-22
INCIDENT OF HOW
JUSTICE IS DEALT
Burgess Beatty, Of Throop, Shows What
He Can Do In the Way Of Fines.
RUSH JURY UNABLE TO AGREE
Judge Edwards Discharged Them
Because There Are No Beds for
Jurors in the Federal Building.
George W. Arnold Tried for Fleec.
ing and Old Man Out Of Si5..COsts
Put Upon Officer Cassidy Dudy.

ing and Old Man Out Of Si5..COsts
Put Upon Officer Cassidy Dudy.
Judge Edwards expressed himself in
no uncertain terms during the progress
Of case in criminal court yesterday
in which 1t was brought out in evi-
dence that two persons had been fined
$15 each for the simple offense Of drunk
enness. The fine was levied by Burgess
Charles Beatty, of Throop, according to
the statement made by Mrs. Rudolph,
an Hungarian woman who was a wit
ness.
1t came about in the case Of the COM
monwealth against Joseph and Mary
Lahuskey. charged with aiding pris-
oner to escape. A special officer re-
ioicing in the label. Cassidy Dudy, was
the prosecutor. The evidence went on
to show that the Mrs. Rudolph men,
toned was unfortunate enough on
June IA to overindulge in liquor. She
started from the place she had been
drinking for her own home about II
o'clock at night. and her footsteps be-
ing unsteady she leaned up against a
fence to balance herself.
Dudy came along and felt 1t his duty
to place her under arrest, and he was
bringing her to the lookup. he claims.
when Lahuskey and wife attacked him
aided the woman to get away and the
man thumped the officer.
What the defense offered as evidence
was. that the woman and the officer
had been drinking together that day.
and he had volunteered to escort her
home. but was taking her to the lock-
up. when the Lahuskeys appeared. and
that all they did was to beg and en-
fr..nf IN toll ha 1,n,r
as he had promised to do instead Of
bringing her to the other place.
WORK OF THE BURGESS.
1t was an undisputed fact in the
case that Mrs. Rudolph did not go to
Jail that night, but whether the La
huskeys took her away from Dudy, or
whether she ran away did not appear,
but at all events herself and boy were
arrested afterward on the charge of
| being drunk, and the burgess fined
them SIS each. Judge Edwards called
Mrs. Rudolph up before him and ques-
toned her about the fines. The Judge
said 1t had no bearing on the case on
trial, but he wanted to find out the
methods that some up-the-v valley con-
stables and officers who deal out JUS
tice to foreigners. The case went to
the jury at noon and verdict Of not
, guilty was returned and the costs were
put on the prosecutor.
When court convened in the morning
the burglary case In which Hugh ].
Rush is defendant. was resumed. The
line of defense was as stated yesterday.
The defendant claimed to be too drunk
to know what he was doing, or to have
any intent of wrong doing. The COM
monwealth showed on rcbuttal testi-
mony that If Rush was as drunk as
| he said he was. he was able to walk
from the West Side in less than an hour
. before he was discovered, and had to
climb over a fence seven feet high to
get to the closet where he was found
| with his eyes closed.
| The case was given to the jury at
| 1880. When court adjourned at 4.3O in
the afternoon the jury was still out,
and Judge Edwards ordered them to be
brought down. He asked IL there was
any point of law or evidence they de-
sired information on, which would lead
them to arrive at verdict. Chaunccy
H. Derby. who was the foreman. said
there was collusion between Cadden
and Rush.
TEN WANTED TO CONVICT.
Judge Edwards said that he did not
want to keep the jury together over
night and make them sleep on cnc,"s,
as there was no accommodated in the
shape Of beds, therefore, he discharged
| them. 1t was learned by q Triblne re-
porter that ten wanted to coavict and
two to acquit Rush.
David Johnson, of Peckville " rs tried
on the charge of carrying concealed
weapons. The prosecutor was David
Lee. Attorney John ]. Murphy assist
ed District Attorney Jones for the COM
monwealth. and Attorney E. W. Thay-
er appeared for the defense. Nr. John
middle aged. The evidence for the
prosecution established the fact that
johnson had revolver in his posses
sion; and johnson did not deny it, but
held that he was not carrying it with
malicious intent. The Jury had not
brought in verdict at adjournm"n'.
George w. Arnold was put on trial in
a case in which Chief of Police Robling
is the prosecutor District Attorney
Jones conducted the prosecution and
Attorney John J. Bonner was assig:.cd
by Judge Edwards to defend Arroli.
It appears that an old man named
Frederick was seen going along Penn
avenue one night during the summer
in company with Arnold and man
named Cobb. The two latter beng
young men, Lieutenant John Dn> is.
who saw the trio felt that the old man
was being decoyed and he took MIN
away from them. The next day tn" old
man missed $45. Arnold was ar, ested
and charged with the theft. lie denie i
all guilt in relation to the, ra'e and
said he was only out haIps rood
time with Frederick. The juy found
verdict after court adjourned ana
sealed 1t.
BEER TAPPING AFFRAY.
Joseph Frankitz, of Park Place. was
put on trial. charged with beating Mrs.
Antonette Simon. Attorney George s.
Horn is defending him and District
Attorney Jones is assisted by Attorney
A. ]. Colborn, jr. The case was not
called until nearly adjournment, and
the evidence SO far in goes to show
that there was a tollification at Mrs
Smon's house. One keg of beer was
finished and the defendant among 9TH
ers got restless and impatient while
the second one was being tapped. She
interposed to restore order and she
claims that Frankitz struck her sew
eral times.
Thomas Jordan was returned not
guilty OF assault and battery upon
Michael Butler. but was directed t.
pay the costs