The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-10-23


phant boy, who assaulted Mrs. Mary
Lawler, was returned guilty yesterday
and sentenced by Judge Mcclure to
nine months in the county jail His
youth and a recommendation Of mercy
made by the jury, combined with an
eloquent plea made by Attorney Scragg,
moved the court to the extreme len
iency displayed.
In passing sentence Judge Mcclure
provoked a burst of laughter just at
a time when he wanted to be under
stood as being most serious by unin-
tentionally paraprasing popular song
Ito the ordinary person, all colored
people strikingly resemble each other
He was dwelling, at the time, on the
one circumstance which could possibly
weaken Mrs. LAWYERS identification of
her assailant-the fact that his face
was blackcned with mine dirt. In the
south, the Judge remarked, a wOman's
Identification of her assailant is suf-
ficient for all the purposes of the lynch
ing bee. In this case, he held, there
was but little doubt that Mrs. LAWYERS
identification was positive.
An important ruling, new to this
court, was made i'm this case by Judge
Mcclure. The jury, after being out all
night, came in at the opening of court,
and asked to have the prosecutriX's
evidence read. Judge Mcclure prompt
ly refused this, saying it was not au
thorized by law, and in justice is not
warranted, as ii would be unfair to
read one portion of the testimony of a
case, to the exclusion of the rest. Lat
er in conversation with a Tribune re-
porter Judge Mcclure explained that
this question came up in his court in
Union county and when the matter
was looked into it was found that
there was no authority for such a pro-
ceeding.
SHE WAS OLD AND FEEBLE.
The trial of Mrs Mary Gallagher
and her daughter, Mrs. Mary Gilbrido,
charged by Mrs. Mary Moran, with be-
ing common scods, was concluded yes
terday morning. When the elder de-
fendant went on the stand and il was
seen how feeble she was physically and
mentally, Judge Gunster rebuked the
prosecution for bringing her into court
and directed that she be acquitted. The
daughter was found guilty and sent
enced to pay a fine of 81 and costs.
The case of Charles f. Chapman. ac-
cused of embezzlement by Schuyler c.
German, resulted in a verdict of not
guilty. One-third of the costs were
placed on the defendant and two-third
on the prosecutor.
Harry Uram, who plead guilty of
stealing $i5 from the store of his father,
1gnatz Tram, of First street, was COM
mitted to the Huntington raformatory
by Judge Gunster. The case against
Dennis McSherry, who was charged
with embezzlement by Owen +. Nc
kenna, his former partner in the mar
BILE business, was settled by agreement
and the county assumed the costs.
Andrew Ridge, of Archibald, received
fine of SIS and costs and two months
in the county Jail for striking Rose
MiElin on the head with a bottle, dur
ing a neighbOr'S quarrel last Easter
Sunday. He said that he was attacked
by crowd and threw the bottle at one
of his assailants. It missed its mark
and accidentally struck the Miglin Wo-
man. The jury was so impressed with
his story that it found verdict of
guilty without leaving the box. Mr..
Comegys assisted i'm the prosecution.
EX-Judse Ward and John NJ. Harris
appeared for the defense.
Frank Seig, Of Old Forge, was found
guilty of assault and battery upon his
neighbor, Robert Loves. The defend
ant succeeded Shig as tenant of a prop
erty in Old Forge. Loves went to the
premises on the 18th of March last,
with an ak and the intention of remov-
Ing from the lot n small barn which
ne had erected there during his ten
ancy. Seig was there with a shovel and
determination that the barn should
not be removed. The shovel proved the
more formidable weapon, for according
to the testimony Of DIR. Stegner, Loves
was laid up in bed for eighty-four days.
Seig will he sentenced today.
OUT AT ADJOURNMENT.
A jury was out at adjournment in the
case of War1ock Cashinskcy charged
with assault and battery by William
Richnock, Of Old Forge. The allega-
ton was that when the prosecutor ask
ed the defendant for eighty cents, owed
to him for loading two cars of coal.
he was knocked down. The case was
tried before Judge Edwards. John r.
Martin assisted the commonwealth.
EX-Judge Ward and John NJ. Harris
appeared for the defense.
Another jury was out on the case Of
Kate Stearns against Marlboro Olde-
Coskia ana his wife, Julia, who assault.
ed her, she alleges, at her home on
South Washington avenue, March o.
last. Attorney John ]. Murphy assist
ed the commonwealth which was rep-
resented by w. r. Lewis. w. w. Bay
lor appeared for the defense.
And still another jury was out on