The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-12-03

jury IN the heap-MCDOnOught thsc
Could Not Agree and Was Dis
charged--Four Prosecutors Did
Not Appear and Verdicts of Not
Guilty Were Taken.
Before Judge Gunster in court room
No. . the trial of the case of John Mar
tin who is charged with perjury by
Alderman John II. Kelly was resumed
yesterday morning. The first witness
called was Barkeeper BOland of the
Columbia, who swore he saw Alderman
Kelly and James J. McCorrey, drink
ing together in the hotel about Nov. !.
McCorrey is the man who swore We'd
nesday that he was induced by Alder
man Kelly to forge Martins name to
a legal document.
This testimony was introduce for the
purpose of contradictng Kelly who
swOre that he was not acquainted with
McCorrey.
The defendant Martin, was recalled
and wrote his name three times on
piece of paper. This was submitted to
the jury. On cross examination he was
shown his application for naturaliza-
tiOn papers filed in this county in 1898.
1t was signed John MartCzin," He
denied that it was his signature and
reiterated that he never spelled his
name that way.
In rebuttal l.. Weiss was called by
the commonwealth. He was Martins
witness when the latter applied for
naturalization papers and said the sig
| nature John Martczin" was written
| by the defendant. on cross eXamina-
tion he admitted that he did not see
| Martin sign the application. That
closed the testimony. Contrary to eX-
pectations Alderman Kelly was not put
on the stand to rebut the testimony
! of MCCorrey. The jury retired at II
o'clock and up to the hour of adjourn
| ment in the afternoon had not agreed.
VERDICT OF NOT GUILTY.
! Later in the afternoon the jury in
the case of Michael Pollock who was
! charged with larceny and receiving
! returned a verdict of not guilty. They
| presented a written protest to Judge
| Archibald, complaining of the fact that
| they had to remain together Wednes-
! night and that beds were not provid-
ed for them. They had to sleep either
| on chairs or on the floor. Judge Arch
| bald said he regretted the jury did not
! have better accommodations but mas
! much as beds are provided for two
| juries the county has gone to a reason
/ able length To provide for the comfort
| of iuries who have to remain together
! over night. 1t is rarely that three
! jurieS are out over night.
! The case AGAINST Faustin YOlSOtSky,
! of Old Forge, who is charged with
| burglary by John Pendell, had to be
! continued yesterday morning until the
next term because jury could not be
| secured. Joseph O'Brien, who repre-
sented the defendant insisted on haV-
| ing a jury drawn according to the
! rules of over and terminer court.
| There was not a sufficient number of
| jurors available to secure twelve men
| in that way and Judge Mcclure con-
| tinued the case.
| Another case was then called for
! trial, in which Old Forge people fig
| ured. George Harrison. a young man
| twenty wears of age, was the defend
ant and Mrs. Anna Tindale, a pretty
! young woman Of twenty-eight, the
| prosecutriX. Mrs. Tindale's husband
! was killed in the mines and fourteen
months later she gave birth to a female
child, of which she says George Harri-
son is the father He is a son of the
sister Of Mrs. Tindale's deceased hus-
! band. The case was settled by the
! payment of $40 by Harrison to Mrs.
! Tindale. He also paid the costs in the
| case and thereupon verdict Of not
guilty was taken.
DID NOT APPEAR.
Myer Goldstein did not appear to
| prosecute Harris Cohen for assault and
battery and a verdict of not guilty
was taken and the costs placed on the
! prosecutor. The same action was taken
! in the case of Joseph pulkalski charged
| with assault and battery by Joseph
! Toorofski. Harry COurtright. other
| wise known as the pine Knot" did
| not appear to answer a charge of rob-
! berry preferred by W. W. Jones and
his bail was forfeited absolutely and
! Il Capas issued for him. George Lewis
/ bail was also forfeited. He failed to
/ appear to answer a charge preferred
! by Joseph Griffiths.
Martin Sultz pleaded guilty TO a
! charge of aggravated assault and bat
| terry, preferred by Charles Sauer and
! was sentenced to pay fine of 81, costs
! and spend three months in the county
/ Jail. ~ nOlle prOseQui was entered up
. on payment of the costs i'm the case
( Of Augustus Fitzpatrick, who was
. charged with assault and battery by
/ Mary Fitzpatrick.
! The jury in the case Of the common
wealth against John McDonoueh, Of
the South Side, who was charged by
/ Miss Alice Reap, of the South Side,
/ with being the father of her four
! months-old daughter, reported to the
court yesterday that it could not agree
and was discharged. The jury retired
Tuesday afternoon and remained out
all night
Before Judge Mcclure, julius and
John Troy, of the South Side, were
/ tried for cutting timber ON land on
the East mountain owned by the
| Scranton Gas and Water company.
, They admitted cutting the timber, but
| said they thought they were on the
| land Of William Connell. They had an
| arrangement with that gentleman
| which allows them to cut timber on
| his land The prosecution was con-
| Quoted by Attorney NJ. W. Lowry and
G. p. OMalley and the defense by John
j, Murphy, The jury retired at 4
| o'clock to deliberate and returned "A
verdict Of not guilty. Two thirds of
the cost placed on the prosecution and
one-third on defendant.
GAVE LIQUOR AWAY.
Before Judge Gunster, Mrs. Bridget
Ruane, who resides on Larch street
this CITY. was tried for selling liquo,
without a license. The prosecutor was
III Ita., =