The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-01-01
DAY IN CRIMINAL COURT
Large Number of Cases Disposed of
Yesterday.
ROBINSON WAS FORTUNATE
Prosecutor Did Not Appear ana Verdicts
of Not Guilty Were Taken in tho
Three Cases Against IIim-Othcr
Cases That Were Heard.

n. b. Levy. of this city. Wright was
engaged i'm the jewelry business at Eas-
ton and it is alleged that by making
false representations concerning prop
erty that he owned in Easton he OBJ
tanned credit for jewelry purchased from
Mr.. Levy to the amount of $649. The
purchases We're made in March and No
vember, 1894 Attorneys Il. V. Pow
derry and George =. Horn conducted the
case for the prosecution and Attorney
John II. Martin defended Wright. All
of the testimony for the prosecution had
not been heard when court adjourned
for the day. The case will be resumed
when court convenes again Thursday
morning Court will not sit today, as it
Is legal holiday.
Before Judge Craig in No. yesterday
morning the case of the commonwealth
against Frederick Warnke, charged
with aggravated assault and battery on
IL. C. Smeed. a bicycle rider. was re-
sumed. Smeed. while riding along
Main avenue. Hyde Park. last summer.
knocked down and somewhat injured
Mr.. Warnkc's little son. This, the pros
ecution alleged, caused the defendant
TO commit a brutal assault on Smeed.
In his defense Warnkc said that after
Smeed ran down his son he eypostu
lated with him and told him he should
not ride over . public thorOughfare In
such reckless manner and the bicycle
rider renlied in an angry manner that
the accident was due to the boys care
lessness and not to his.
Warnkc's Side OF the Case.
Warnke says he then started to take
his boy home and Smeed told him to go
to hell. which angered him so that he
followed the bicycl. rider and hit him n
blow, causing Smeed to fall from his
bicycle The fall. Warnke said, caused
the injuries to Smeed's face that We're
complained of. although he admitted
that he hit Smeed several times after
he was on the ground. The jury re-
tired at noon to make up verdict and
at p. m. returned the defendant guilty
of assault and battery. He was SEN
fenced to pay fine of S25 and costs.
Nicholas Black, who was arraigned
on Monday afternoon before Judge
Judge Savidge charged with assault
and battery on Simon Narushus, was
yesterday declared not guilty by jury
but was directed to pay the costs.
Margaret Barry, of Archibald, was the
prOsecutriX in a case in which Patrick
Maloney was defendant. He was
charged with being the father Of Mrs.
Barry's child. The prosecutriX was the
only witness sworn. She says that Ma
loney came to her house and insisted
on living there and she found 1t i'm
possible to drive him away. On several
occasions he took advantage of her de-
fenceless condition at night and as
saulted her. She did not have him ar
rested for this conduct. however. Six
months ago her child. a hoy, was born.
Maloney did not make defense and
was found guilty by the jury, which
did not leave the box. Mrs. Barry Is the
woman who about a year ago had Il
number of young men arrested for TAX
ing a horse into her house one night
and compelling her to give an exhibi-
tion of bare back riding, la new wo-
man.
OMallcy Found Guilty.
Similar action was taken by the jury
In the case of the commonwealth
against Michael O'Malley. of Provi-
dence. who was accused of like Offense
by young woman named Nora O'Mal-
ley. who was employed by the defend
ants parents. The young woman is
now at the Hillside Home where her
child, girl, was born. Her story was
to the effect that the defendant accom-
plished his purpose by overpowering
her. No defense was offered and a
verdict of guilty was promptly re-
turned. He was sentenced to pay a
fine of $50. costs, pay 81 to the poor dis
trict and 81 per week for the support of
the child until it is seven years of a ge.
John and Mary Lukin were tried be-
fore Judge Savidge on a charge of SELL
ing liquor without license. Lukin has
been in the county Jail for some time
and his wife resides on Lloyd street
in the premises where it Is alleged the
liquor was illegally sold. It was in her
place that a fight occurred on Christ
mas night during which John Kedotis
was so severely injured that for q time
his life was despaired of. He is still a
patient in the Lackawanna hospital
Several witnesses were produced on
the part of the commonwealth who
swore that they purchased liquor from
the Lukins. Their defense was that
the prosecution Is piece of spite work
ON the part of Albert Bucta. who ac-
cuses them with being instrumental in
having him arrested on a similar charge
some time ago. Mr.. and Mrs. Lukins
went on the stand and swOre that they
did not sell liquor. They said they
conducted a grocery store and at times
gave bottled beer to their customers
when they paid their monthly bills. but
both strenuously denied that they ever
sold any liquor for coin Of the realm
AT 40 the case was given to the jury.
Stones and Tomato Cans Thrown.
Thomas and Bridget Coyne. who live
at the Continental, were defendants in
a case of assault and battery in which
Margaret Harmon was prOsecutriX. She
charged the defendants with having
thrown stones and tomato cans at her.
but this statement of facts was dis
ky MrS- hn a
MED having thrown stones or cans and
averred that the only missiles that
plowed their way through the air were
propelled by the strong right arm of
the prosecutrix. The jury found Mr..
and Mrs. Coyne guilty of assault.
Thomas Cavanaugh. Of Jermyn.
watchman for the Hillside Coal and
Iron company. appeared as prosecutor
in a case against Edward Kennedy.
whom he charged with malicious mis-
chief. Attorney John j. Murphy de-
Tended Kennedy and District Attorney
John II. Jones conducted the prosecu-
tion. Mrs. Cavanaugh said that one
night Kennedy came to her house and
wanted to get in. He was refused ad-
mission and went away but returned
in about an hour and tried to get in
through window. They threw water
| on him and then he kicked in the door
and rushed into the front room and
| overturned a table and chair. She
thought that Kennedy was somewhat
intoxicated. The defense will be heard
on Thursday.
A verdict of hot guilty was taken in
the case of Patrick Rua ne charged with
assaulting and battering Ann Munley
and the prosecutix was directed to pay
the costs. Pal Hodts did not appear
to answer cha'ge of larceny and re-
! ceiving preferred by III. ]. Collins and
his bail was fortified
Robinson Vent Scot Free
Amos M. RObiii'on was arraigned to
answer charges Of keeping a bawdy
house and selling liquor on Sunday and
to minors. The prosecutor William
Regalia. did not tppear and a verdict
III not guilty wasItaken. John Thorn
skey, who was tritd for assaulting and
batterng Hamen Stone and Celia Stone