The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-12-09

Escaped from the Court House
without a Bill OF Costs to Meet Was
a Lucky Individual Yesterday-.The
Wrong Man Arrested.
Through the mistake Of Constable
Mink in arresting another man of the
same name" the prosecution i'm case
in Criminal court yesterday was treat
ed to an aggravating surprise party.
1t was in the assault and battery
case of Carl Blum against Fred.
Schoenbarn, which was called before
Judge Edwards i'm the main court room.
The prosecutor was on the stand ana
his attorney, Joseph O'I3rien, after ask
ing the usual preliminary questions,
said: And you claim you were struck
on the head by Schoenbarn, the de-
fendant here?" pointing to the man
sitting at the defendants table.
mo, not by him; not das one. De
odder-his poy," answered the witness
Then Mr.. Dawson, attorney for the
defense, with a knowing smile, asked
for binding instructions to the jury to
bring i'm verdict of not guilty. Court
complied, and the jury put the costs
on the county
1t appears that Fred. Schoenborn is
the name of both father and son, and
that the constable who served the war
rant arrested the wrong man.
In the case of Michael Haus against
John Fitzsimmons i'm which the charge
was receiving stolen goods, the jury
found a verdict of not guilty, without
leaving the box. Fitzsimmons is driver
a.. ,,N.fes
works in Dunmore, and Haus is a
miner at the same cOlliery. About two
years ago, Haus lost a drilling ma
chine. Last June he found it in the
companys blacksmith shop, and upon
inquiry learned that il had been left
there by Fitzsmmons to be repaired.
He accused Fitzsimmons of illegally
possessing the machine and demanded
its return, together with some reim-
bursement for its damaged condition
and the wear and tear to which it had
been subjected. Fitzsimmons refused
to pay any bonus and Haus thereupon
had him arrested.
CLAIM OF DEFENSE.
The defense was that the machine
was standing in an out of the way
place in the slope and had been there
for long time. no one seeming to
know to whom it belonged. Fitzsim-
mons took a contract for cutting
passageway in the mine and with the
permission Of superintendent Gibbons
took the machine out to get it repaired
with the intention Of using it until it's
owner was found. He had it taken
out to the blacksmith shop and gave
orders to have it repaired. Before the
work was done, Haus came around and
laid claim to the machine. Fitzsim-
mons thereupon left it in the black
smith shop and there it still remains.
The jury could not see that the ma
chine had been stolen or that FitZ-
simmons had acted wrongfully in any
way John G.. MCAskie represented the
defense.
The case in which James W. Will
liams, of Cedar avenue, and John j.
Malta, of Prospect avenue, were charged
with larceny by j. f. johnson also
proved to be without foundation. and
by direction of Judge Edwards a YER
dict Of not guilty was taken. The de-
PENDANTS are young men of prominent
South Side families. Last summer
they went camping at Lake Ariel and
among the camp utensils they took
dlpllS were Il couple OF DOdItS 10 De
used for a table. The boards were
taken from Johnson's barn, where Will
liams father has some goods stored,
and the boys thought the boards We're
part of Mr.. Williams goods. When
johnson learned that the boards had
been taken he dispatched a constable
to Lake Ariel with a warrant for the
boys arrest. Their vacation pleasures
al Pr l, =
that to settle the case they would have
to pay Johnson $75. They refused to
do this and as result had to go to
court.
Upon hearing the testimony. Judge
Edwards directed a verdict of not
guilty and also delivered himself of
some very pointed remarks on the sub
ject of malicious prosecution.
John p. Canavan was another prose
cutor who failed to make out "A case
He charged Contractor Tony Magniot-
ia with the larceny of several hun
dred loads of stone from the Canavan
tract on the East Mountain. 1t was
not clearly proven that Mr.. Magniot
Ia was the man that took the stone
and ii was shown by the d5 fenSc that
Mr.. MagniOtta had an agreement with
p w. Stokes, Mr.. Caravans agent, to
take stone from the land. Judge Arch
bald directed a verdict Of not guilty
John F. Scragg appeared for the de-
fense and NJ. J. DonohOe assisted in
the prosecution.
PROSECUTION THAT FAILED.
Another unwarranted prosecution
according to the jurys opinion, was
that in which George Weiscl, of the
South Side, charged John Hughes
Louis Horn, August Kellerman anl
George Mailender with assault anC
battery. The prosecutor claimed II,
, went to Kellerman's house looking rol
his boy and that the four defendants
set upon him and abused him. Th,y
told the jury that Weisel came ther,
drunk and raised row. Kellcrmar
and Mailendor led him tn the door anl
wanted to help him down the steps
but he wouldn't allow them to, 81
they let him go, Deprived Of assist,
ance he stumbled and fell humping hls
head against the pavement.