The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-06-16

Attorney d. B. Replogles $4,000
damage suit against Arthur F'rothing-
ham for false Imprisonment was called
to tlfal before Judge Edwards yester-
day afternoon in the main court room.
Mr.. Replogle and Mr.. rockingham,
In May, 1885, had some trouble over a
judgement note. Mr. rockingham
laid complaint before Alderman Millar
that Mr.. Replogle was Withholding from
him illegally 1925 and the alderman
thereupon issued a warrant for Mr..
Replogle's arrest. charging embezzle-
ment. Mr.. Replogle was taken before
the alderman, but Mr.. rockingham
failed to appear and after continuing
the case three times and the accuser
not putting i'm an appearance the al
derman dismissed the case. Mr.. Rep
logic refused to enter bail at first but
after being committed to the county
Jail he changed his mind and agreed to
enter bail. He was paroled on his
own recognizance. For this arrest he
now sues.
Alderman w. s. Millar took the
stand and from his docket read the
various entries he made in connection
with the case. He was not sure as
to whether or not Mr.. Frothingham
had directly preferred the charge of
embezzlement, but his impression was
that he had. At all events the war;
rant charged embezzlement.
MIR. REPLOGLE'S STORY.
Mr.. Rplogle testified that on May
s, 1895, at $50 o'clock, In the morning
Constable j. L. Roesler, came to his
office and placed him under arrest by
virtue of a warrant in which he was
charged by Arthur rockingham with
embezzlement. He accompanied the
constable to the aldermans office but
Mr.. rockingham was not there. He
waited until 10 o'clock, the hour set
for the hearing and when the prose-
cutor still remained away he demand
ed that he be discharged. The alder
man refused and continued the case
until o'clock p. m. of the same day.
Again Mr.. Replogle was on hand and
again his accuser failed to put in an
appearance.
The alderman set 10 o'clock Of the
following morning for the hearing
promising to have Mr.. rockingham OH
hand. But Mr.. rockingham once
more failed to show UP. Once more
there was a continuance until o'clock
p. m. and once more Mr.. rockingham
failed to respond. Thereupon the al
derman dismissed the case and dis
charged Mr.. Replogle from custody.
AS result of this arrest and the
publicity which 1t was given, Mr.. Rep
logic says he was greatly injured in
| his reputation and business and caused
no end of mental anxiety. He could
not walk a block on the street but
some one would accost him with Hell
| 10! l thought you were in JAIL" or
some such remark. His wifes rela-
tives up in Susquehanna county heard
of it and imagining that it was true
that he was in Jail and that he was
| guilty of embezzlement made a great
deal of trouble for both him and Mrs
Replogle.
LOSS TO HIS BUSINESS.
His business he estimated was injured
to the extent of $10O a month for six
months or longer, and he says he has
not yet fully recovered from the loss of
| public confidence and other dire and
| hCrtful consequences Of the arrest.
Tie defense y as outlined to the jury
Just before adjournment by Mr.. Lowcy.
Mr.. Replofle negotiated loan of $50
| for Mr.. rockingham, taking as Sc
| curity Mr.. Frothinghams note, and as
| collateral security a contract which
Mr. Frothingham had with Professor
j. Frank Siegel for the rent of the thea
| tre. 1t is alleged that Mr.. Replogle
| collected $107 from Professor Siegel on
the contract and also entered up thu
note which Mr.. rockingham had to re-
deem at the sheriff Office This. It is
alleged, was probable cause for the ar
rest. The charge that Mr. Frothlng-
ham accused Mr. Replogle specifically
| of cmDezzlement the defense disdvcws.
| The alderman was told the na.';re of
the complaint and he, it is claimed, made
the charge that of embe zzlement Mr..
| Torrey and Mr.. Oliver represent Mr..
Replogle. Mr.. Lowry unassisted de-
fends Mr.. rockingham.
Testimony of very spicy nature was
brought forward by the defense in the
Sons of America" case to prove that
| j. u. Hopewell was the owner of the
| Providence Register and not merely
the paid agent of w. G. Tunstall. Ex-
Register of Wills Henry II. Koehler is