The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-02-09

get out on bail The other day Camp
bell fled. McNulty might have also
fled, had it not been that soon arter
his return he was Jailed for beating
his wife.
The defense McNulty offered was
that after a wake on the night Of the
robbery Campbell asked him to help
him carry some pigeons 60 Sim Davis
house. Knowing that Campbell kept
pigeons and that Sim Davis was ac-
customed to buy them, he did not
dream that there was anything wrong.
He admitted on cross examination
that he got half the profits. He ex-
planned his flight by saying that he
and Campbell had determined some
time ahead to go down Schuylltill way
looking for work.
The interesting feature of the case
was the Introduction of one of the
stolen pigeons, which Allspaugh pro-
duced to prove that it was his property
and that a pigeon fancier could identi
fy his own birds if he was any kind of
a pigeon fancier at all. He explained
the various points" about pigeons,
told of the difference in the makeup,
appearance and action of carriers,
pointers, tumblers and others, and
wound up by releasing - pigeon in
the court room and "shooing" it Ol,t
of an open window The bird flew to
the east, rising rapidly and then com
menced wide circle, darting suddenly
and swiftly to the west, when it espied
the classic heights of Boone Hill,
where it is wont to make it's home.
Mr. Wedeman added an interesting
feature by asking Judge Edwards to
take the case from the jury on the
ground that pigeons came under the
category of wild animals" and are
not subjects of larceny according to
the statutes and common law. Judge
Edwards dismissed the motion, hold
! ing that pigeons, when domesticated,
as these were, can be 'larcenied."
CHARGED WITH ROBBERY.
The only other case tried was that
of James Walsh and James McGurty,
charged with robbery and assault and
! battery by John Sobieroiski. Walsh is
constable of the Twenty-first ward.
| The other parties are also residents of
| that locality. Sobieroski and some
| Polish companions We're sitting on the
/ retaining wall of the Luzerne street
! culvert one night last April when
| Walsh and McGinty came along and
tried to pick a quarrel with the de-
feEdant. Walsh said something about
| Polanders being no good and that not
| a blanked one of them had voted for
him. Then they threw Sobierolski
down, it is charged, beat him and
| robbed him of his watch. They denied
| that they even assaulted him, but the
| jury did not believe them, and returned
| them guilty of assault and battery.
| The evidence to support the robbery
charge was a trife too weak to con-
vict. Mr.. Thayer represented the de-
| fense.
The bail of the following defendants
| was declared forfeited and capiases is
sued: Patrick Fitzpatrick, Max Bur
nett. Michael Rosenbloom and John
| Bacon.
owing to the on-appearance of the
| above defendants and the continuance
| of the murder trial, early adjournment
was made in both court rooms.
John f. Sheridan, convicted last
week of assault and battery, was SEN
fenced by Judge Archibald to a fine OF
$40, the costs and thirty days in the
| county Jail. Patrick Ratchford was
sentenced to pay the costs for assault
| ing and battering Mary Wilhelm.