The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-04-01

A verdict of guilty was returned in
the United States district court yester-
day in the case against Harry Yarrow-
sky and Charles Rubinsky, charged
with using the mails for fraudulent
purposes.
The case was given to the jury early
in the afternoon, after clear and care
full charge by Judge Burlington, follow
ing the pleas of Messrs. Comegys and
Schach for the defense, and Mr.. Hale
for the government. Mr.. Comegys
asked to have the jury instructed to
acquit Rubinsky, as there was no evil
dence to connect him with the alleged
fraudulent transactions let alone
fraudulent use Of the mails. Judge
Burlington refused the motion, however,
saying that Rubinsky's case would
have to go to the jury, as he did not
propose to risk miscarriage of JUS
tice on mere techniCalities. In the clos
ing addresses the attorneys for the de-
fenSe cOntended that John II. Schmitt
was no myth, but that he was the prin-
cipal in the operations and that Yar-
rowsky and Rubinskey were at the best
nothing more than tools, GarIoWsky
being an unsophisticated emplOye aud
Rubinskey an unsuspecting friend who
uncunsCiOusly loaned himself to some
of the operations.
Mr.. Hale. after quoting copiously
from the evidence to rebuilt the conten-
tiun of the defense, proceeded to prove
that Yarrowsky and Ruhinsky were
themselves the principals and that
those whom they alleged were the
principals We're fictitious persons.
Frauds of this class are becoming more
and more numerous, he said, and should
| be stopped.
VERDICT WAS GUILTY.
The jury was not long in finding a
verdict of guilty. AS soou as it had
been rendered Messrs. Schach and Com
eggs made formal application for a
| new trial and at q o'clock Judge Buff
| hngton heard their arguments. They
| held that court had erred in admitting
| irrelevant testimony; that the case was
not lined under the proper indictment,
being at the best nothing more than
| a conspiracy to defraud and that Ru-
binskey would not have been convicted
had the jury been able to discriminate
between the evidence that affected Var
| rowsky alone. Judge Burlington an
nOunced that he would pass upon the
motion before the week was over.
Joe Alpert, who turned states evidence
was allowed to go free.
| AS soon as this case was disposed Of
James Hill, of Wilkes Barre, was caileC
to answer for a similar offense. H'
was defended by Attorney John Shea
of Wilkes Barre, and A, j. Colborn, o
this city. Assistant United States At
torney Gritfiths conducted the prose
Cution.
This is another case which Postoffic
Inspector Hugh j. German worked III
and like it's predecessor is an eNidenc
of the truth of the saying that whel
the postoffice department gets after al
evildoer he might as we'll throw up nj
hands The mass of evidence brough
out by the defense was something enor
, nous and there wasn't a missing o
!. weak link in the whole chain.
FOR TWO YEARS.
The transactions which are charge
| against Hill have been going on fC
T about two years. The first step in HI
e alleged fraud was to have printed
e letter head of which the following is
: copy:
i HILL & CONNELI..
,. WHOLESALE MERCHANTS.
e SHIPPERS TO SCRANTON AND
: WILKES-BARRE, PA.