The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-10-14

Kane Returned Guilty of Robbery.
One of the juries that served in quar-
ter sessions yesterday is likely to come
in for a rebuke or at least a mild
criticism before Judge Archibald ends
his weeks labors in No. 2. From out
ward and certain circumstances which
at this time are only hinted at the
judge is, to put it mildly. not altogether
satisfied that they gave full and fair
consideration to a case which went In
to their hands. He gave them to un-
derstand that he was not in sympathy
with their finding by making the sem
tence a merely nominal one, and, later,
after some consideration.w went so far as
to recall the sentence entirely, at the
same time indicating by his manner
that there was every likelihood that the
verdict woul1 be set aside.
1t was in the case wherein Simon
Rice, the well known Lackawanna
avenue merchant, was charged with
assault and battery on o. J. Nichols.
Last spring the prosecutors wife
agreed to purchase an organ from Mr..
Rice, the understanding being that she
and the husband would execute lease
for the same. The organ was taken
to the Nichols home and when Mr.. Rice
appeared with his lease, the husband
refused to sign it. Mr.. Rice, some time
later, returned with two or three men
to remove the organ, but the prosecutor
would not allow him to take 1t and
ordered Mr. Rice off the premises.
Mr.. Nichols and his wife swore that
Mr.. Rice thereupon committed an as
sault on the prosecutor. Mr.. Rice and
everybody else who was present, tes-
titled that when Mr.. Rice was leaving
the house the prosecutor showed him
against the door with such force as to
break the panel.
JURY WENT CONTRARY.
The evidence and the charge of the
court, to a disinterested person, war
ranted an acquittal but the jury went
contrary to all expectations by return
ing a verdict of guilty in manner and
form as charged in the indictment.
Judge Archibald entered a sentence of
S5 fine and costs, but later in the day
recalled the sentence. Today or posi-
bly, on Saturday. which is sentence day,
he will be in all probability heard fur
ther on this matter. Attorney George
d. Taylor appeared for the defense.
Jessup sent down an amusing case.
! 1t was one in which the daughter-in-
! law charged her mother-in-law with
| being a common scold. The prosecu-
! trix was Mrs. Margaret Walsh and the
| defendant Mrs. Catherine Walsh. Sew
| eral times the witnesses and parties
| became so badly mixed up in scolding
| matches that the tipstaves had to be
| appealed to and one woman, Mrs
| Gabriel, who was a witness for the
prosecution, became so turbulent that
| she was elected from the room by or
| der of Judge Archibald. She kept up
| her scoldng all the way to the door
| and did not even cease when she was
| deposited in the corridor. The jury
didn't feel like singing out any par
ticular one from the bunch and so
brought in a verdict of not guilty;
costs divided. Attorney p. E. Timlin
appeared for the defense.
The battle of Griffin Lake, which
caused such q big sensation up in
Scott township last summer was all
gone over again in court, yesterday.
| Griffin Lake, as will be remembered,
was purchased by a fish and game as
sociation, duly incorporated under the
laws of the state, the members of the
corporation being for the most part
farmers living in and around Scott.
Parties from this city, particularly
from the North End, were won't to fish
in the lake and after the association
secured control of it continued to do
so either being unacquainted with or
| ignoring the fact that this was Illegal.
ARRESTED FOR FISHING.
| ho
Arthur Lake of Providence, were fish
ing at the lake when one of the men,
bers of the association, Giles White,
espied them and had a warrant issued
for their arrest. Constable S. O. john
son proceeded to serve it and then oc-
| Cured the bother.
The two Providence men, together
with Michael Hennihan, Mathew Reil-
ly and Patrick Davitt, who We're quiet
ly fishing at another point on the lake
all aver that White and a gang OF
farmers swooped down on Headden
and Lake broke their poles, grabbed
them roughly and unceremOniously
hustled them into a wagon, and wher
Headden protested against the seem
ing outrage, White knocked him out
of the wagon with a blow on the head
from a club.
White, who is made the defendant in
the case; Constable Johnson, Truman
Ackerly, Benjamin Hunter, Alvin Set
ger and Lorin Ackerly agreed on the
story that the two prisoners resisted
and fought like demons and that Il
was only after Headden had escaped
once and after recapture was Viciously
struggling to escape again that he was
hit by White. The authority for using
a club was vested in him, White
claimed, by his being deputized by
Constable Johnson to assist in the ar
rest. The jury was out but a shor
time and returned with the verdict
not guilty; costs divided.
Gray-haired James Finley was re
turned guilty, at the opening of court
of being a pickpocket, and a shor
while later 12-year-old Lizzie Pietr,
was convicted of a like offense. Liz
zie is the Italian flower girl who, will
her married sister, Mrs. Lupo, wa
picked up by Lieutenant Davis 70
stealing pocketbooks from shoppers IL
the large and crowded dry goods store
during the holidays and who again oi
Aug. 16 last stole a pocketbook con
tanning $29.O6 from Mrs. Thompson, o
the West Side, while she was shopping
in the Leader.
THE GIRL CONFESSED.
The girl was convicted on the testi
mony of Detective John Moir VIII
learned that she was seen about tn
Leader and forthwith proceeded to he
home and after some persuasion sh
took him to an ash heap, near the Rob
inson brewery, where the stolen pock
etbook was discovered. Attorney C
Ballentine was assigned to the de
fense.