The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-07-03

day afternoon, Judge Archibald sent a
tipstaff to summon the sheriff to come
before him. Acting Deputy Sheriff
John J. Fahey responded, and when
he had approached the bench Judge
Archibald said:
81 have directed a capias to issue
for =. j. Mclaughlin, and as he is a
very well-known man of the West
Side, having a saloon over there, l de-
sire that he should be brought in and
| see no reason why ii should not be
executed. The case was set down for
hearing this afternoon, and from
something / heard. I am inclined to be-
lieve that something has operated to
put 1t over but | have directed the
case to be called tomorrow morning,
and l want the man brought in
Mclaughlin is defendant in two
cases, in which Mary Shaw is prose-
cutriX. One is for selling liquor to
minors and the other is for selling on
Sunday. The cases were set down for
Wednesday, but like dozens of others
were not reached. Yesterday after
noon, at the conclusion of a case that
had been on since noon, Judge Arch
bald said to the district attorney: "Mr.
Jones, we will try Nos. 314 and 215,
the cases against p. j. Mclaughlin"
Mr.. Jones demurred somewhat, say
ing he did not expect to be able to
reach those cases and had so notified
the defendants attorney. The defend
ant, he believed, had gone home, and
the cases could not be tried.
THE JUDGE INSISTED.
The judge insisted that they should
he tried, and informed Mr.. Jones that
they would be disposed of if court had
to set all day Saturday.
Mr.. O'Brien, McLaughlin's attorney,
was asked by Judge Archibald if he
was there to represent the defendant.
mo, sir, may it please Your Honor, 1
will appear for no man in his alb
sence."
Call the bail, then" rejoined the
judge, and when the bondsman did not
appear to give any excuse for the alb
sencC of the defendant, the Judge di-
rected a capias to issue and ordered
all Jurors to report at 8 o'clock in
the morning, that the cases might be
proceeded with.
Whether or not the cases will be
tried this morning is a question. At
all events the outcome of the little
tilt will be watched with interest.
The case of John f. Kelly, charged
with criminal assault upon Mrs. Annie
BrOsky, was given to the jury in court
room No, 2 just before adjournment.
An agreement was arrived at in a short
time but the verdict will not be known
until presented in court this morning
The efforts of the defense was yester-
day directed toward establishing an
alibi and proving that a beggar bear
ing a strong, resemblance to Kelly was
about Jermyn on the day of the crime
and that it was he most likely who
committed the deed. A number of wit
nesses swOre that the beggar was in
their places and two of them told of
having remarked at the time that the
fellow bore remarkable resemblance
to John e. Kelly, and particularly no.
ticing that he had his left hand done up
in bandage, as was Kelly's at that
time.
WHERE KELLY WAS.
At the hour which Mrs. Brosky al
leges the crime was committed l
O'Clock in the afternoon, Kelly AYERS
that he was in Hoffacker's planning mill
and in this he was borne out by Mr.
Hoffacker. At u o'clock, he says, lie
was in Loughlins store. He left there
with the announced intention of taking
a walk in the woods, but finding the
road wet and muddy turned back and
went 20 his own home and from there
went to the planning mill.
In explanation of why he had given
the name of Stevens when brought be-
fore the squire he said he expected the
mistake that had been made would be
quickly rectified and that he did not
want his name to be mixed up in such
an affair, even though his innocence
would be Immediately established.
John Lyons and John Loughney were
tried before Judge Archibald for mali
ciOus mischief and assault and battery
The prosecutor was Charles N. Fox, a
conductor on the Peckville line.
1t was alleged that the defendants
raised a disturbance on a car near
Priceburg January "a, and when they
were ordered to behave or get off they
| showed fight. So fierce did the strug-
gle become that help had to be called
from another car. Fox received some
rought handling and a number of win
dows We're broken in the car The de-
fense was that the conductor attempted
to eject them without sufficient cause
or reason and when he failed he called
other employees of the company, all of
| whom pitched on to Loughney and
| Lyons and gave them a severe beat
| ing. The jury found Lyons guilty, but
| let Loughney off with the payment of
costs.
HE KEPT THE WHISKEY.
A jury was out at adjourning time
| passing upon the guilt or innocence of
James II. Davitt, of Dunmore, charged
| by p. +. Callahan with larceny by
! bailee. Mr.. Callahan says he gave
| Dante a certificate for five barrels of
whiskey in bond to secure him for 500
bail which he furnished for him, and
| that Davitt refused to turn over the
certificate when he was released from
| the bail responsibility. Mr.. Davitt al
| leges that he secured full possession of
the whiskey by the deal. John f.
| Scragg and NJ. s. Mckinley assisted
] District Attorney Jones in the prosecu-
| tion. Hon. Nj. L. Mcdonald appeared
for the defense. Lengthy and eloquent
/ arguments We're made in closing by
Messrs. Scragg and Mcdonald,
VIM. Ilofski declined to prosecute IA
year-old Hugo Wirick for stealing rab-
hits and the boy was let off on pay
ment of the costs.
Catherine Burke failed to appear to
prosecute William Gavin for stealing
chickens and she was accordingly
mulcted for the costs.
| Because of his non-appearance Ed
ward Farr was directed to pay the
| costs I'm the pasa in xubich ha ,.ro .