The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-10-25
They Figured Ia an Interesting Little
Scene 10 Court Saturday.
GAVE THE JUDGE A SURPRISE
The President Judge Took Occasion
to Publicly Censure the District At
torney, and After the Latter Had
Explained His Position in the Mat
ter at Issue He Complained with
Some Bitterness of Judge Arch
baId's Fondness for Attacking Him.

ing the rules OF court by drawing two
indictments in q case where one would
have been sufficient. Mr.. Jones quiet
ly explained his position in the matter
to the judges on the bench and then
turning to Judge Archibald complained
with some bitterness of the judges
fondIess for attacking him at every
opportunity.
There was 10 mistaking the tone in
which the District Attorney spoke and
Judge Archibald somewhat embarras-
sed, said that it was unusual to make
a charge of that nature in such
a public place. Judge Edwards cut
the scene short by directing the dis
trict attorney to call up the prisoners
to be sentenced.
Mr.. Jones was about to call the
prisoners after court opened in the
morning when Judge Archibald stopped
him and said:
Wait, a minute, Mr.. Jones. There Is n
matter to which l desire to call your at
tention. ! have noticed that in two or
three cases that have come under my OBJ
servation during the past week there is a
departure from the rules recently pro-
mulgated by court governing the manner
in which indictments must be drawn. The
cases to which l refer are those in which
Lizzie Pietro and Mary Felona are
charged with robbery. These cases grew
out of one and the same transaction, and
under the rules of court should be includ-
ed in the same indictment. Instead of
that you have drawn two indictments.
feel, therefore, that it is my duty to call
your attention to the matter, as you are
responsible under the statutes to see that
the rules of court are properly observed.
EXPLAINS HIS CONDUCT.
After listening to Judge Archibald,
Mr. Jones asked leave to reply, and
spoke as follows:
The district attorney of course is re-
sponsible under the law, the same as
is Your Honor upon the bench; 1 have
my responsibilities as well as Your Hon
or l have endeavored to comply with
the court rule in every particular. With
one thousand cases to he heard by the
grand jury, with the corridor filled with
people all clamoring to be heard, / did
the best that / could to dispose of the
business of this court expeditiously. In
stead of the transcripts being filed as
they should be at least ten days before
the convention of the grand jury, the
great bulk of them come in during the
week the grand jury Is In session, when
all these parties are out in the corridor
n
the indictments take more or less time
to draw, in some cases it is absolutely
necessary to interview the prosecutors to
get the<factS in order to draw indict-
ments which would not be quashed
1t is not surprising to me that In one
or two cases possibly that parties who
might have been Joined in one indictment
were not. The last grand jury disposed
of over one thousand cases. l have en-
VOrpH nf obi 70
comply with this rule of court. In these
Pietro and Felona cases on the day the
cases were to be heard by the grand Jury
the chief of police came and informed
me he was only ready in one case; there
fore the indictment against Pletro was
drawn | have endeavored to comply
with the rule of court; in every case 7
have followed the practice of NV nre-
decessors. Two weeks before my nom
nation this rule of court was made.
TRIED TO DO HIS DUTY.
1 say upon my honor to this court I
nave endeavored to comply with this rule
II Your Honor were placed in my posi-
tlon, with hundreds of cases coming in.
and the prosecutors and witnesses in the
corridor clamoring to be heard, prob
ably Your Honor would appreciate nv
position. During the last session Of the
grand jury / worked until II o'clock near
Iy every night in drawing these indict-
ments. During my term of office the
6luerinen ana Justices of the peace have
talled TO file their transcripts at least
ten days before the convention of the
grand jury in order that the district at
torney might have all the indictments
prepared so as not to necessitate wit
lesses ana prosecutors waiting in the cor
rldor TO be heard day after day; this
5 not my fault. The proper way it
seelils 10 me should be to have the
transcripts filed in time to give the dis
.rict attorney time to preparo The in
lctments. -"
nave endeavored to carry out this
,ule or court as the indictments which
nave dfawn during my term of Office
Nlll snow ana will say to Your Honors
acre that out of four thousand indict.
henIs uTaWn. probably over one-half of
mem true bills, l do not think there has
oeen one indictment uuashed nv hi,
,ourt use the utmost care in tbe
iraWlhg or these papers. 1t is NOT SIR
'rlsIhs TO me-and of this I wish to
ilake particular mphasis-that out of
ms large number of indictments possibIv
me OF TWO or three violations of the ruIe
illsut nave been made. 1t does NOT,
however astonlsh me- We have n ,ynr,, |
argo amount of business. In ro,,arS
ms case which Your Honor quotes The |
.hleI or police came to me and inforroa,
ne ne was only ready in one case, Tho |
-, fi'iIcsSes We're clamOring to be heard |
lIe m Illulctihent was drawn by my steno- |
'fapner ana the case heard.
HE KNOWS THE LAW.
~ was my intention to make a motion |
y caii that case and make a motion 10 |
ohsoildate the two cases. taking on |
&c Lor poth cases, but the prosecution |
- -, tne case was not conducted by me |
,ur canIe up In court room No. p The
Nv, "ilch ailoWs me a fee in each case
%ii'' iOur fOnors, perfectly familiar
'lth The decisions of the co,,rts A.,
ouhty alter county have so decided
ave my duties to perform and 7 ha,a
'uSdNoreu 10 perform them faithfuIIy
the people work early and Iatei
t, avg Byeh up all my civil practice and
t tNen up my tme to the business of the
IS, ~ at'oIheys ONCE, and | say upon
uties faithfully. 'N my
Judge Archbald-It was not in a
piIit ol criticism that reference was
laue ny me TO the cases which 1 have
aheu 10 your notice, Mr. Jones. Tn
lsPosihs OF the cases the matter came
huer my observation. and as it was
saihst the statutes, / deemed Il NV
uly 10 can your attention 10 the fact
ne proper course to pursue in a mat
81 ol lhis nature was to have both
ases tried together.
Mr' Jones-lt seems to me, your
ohor' that you are inclined to take
uVahlage or every opportunity that
fesents itself to you TO humiliate me
efore the court.
Judge Archbald-Mr. Jones, IL is un-
suai 10 make charge OF that nature,
nd in such public place.
Mr., Jones-It is absolutely true
Judge Edwards--Are there any cases
or sentences, Mr.. Jones. We have
lme work before us which we wish to