The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-12-02
James J. McCorrey Said the Magistrate
Induced Him 10 Forget Martins Name.
REASON HE WANTED 1T DONE
Said the Paper TO Which McCorrey
Attached Martins Name Would BE
Used Against the Latter in the
PERJURY Case Now on Trial--Other
Cases That Were Heard Before
Judge Gunster and Judge Mcclure
Yesterday.

/ ''i''i man dNtlllt' west HNIdilOD, Is Iile
defendant and Alderman John p. Kel-
| ly, of the Eighteenth ward, the prose-
! cutor. There is another case on the
list in which Alderman Kelly is charged
| with misdemeanor in office, Martin be-
ing the prosecutor. The perjury case
was on trial all afternoon and will be
| resumed this morning. The common
wealth is represented by Assistant Dis
| trict Attorney Thomas, John L. Kelly
and w w. Baylor. Martin is defend
| ed by Attorney J. Elliot Ross and Ma
| than Nidaver.
The commemorative contention Is
that Martin committed perjury by
swearing to certain information before
| Alderman Howe, charging Alderman
| Kelly with eXtorting illegal fees. on
Aug. 16 Martin went to Kelly's office
| and asked for process to collect a
board bill of $16.S6 from John Gudtch,
of Archibald. He alleges that he was
unacquainted with the laws of the land
and did not know the kind of process
he wanted. He was told by the alder
man to sign a paper and did so. Some
| time elapsed and he met GuditCh, who
| informed him that he had paid the
amount Of the board bill to Alderman
/ Kelly. Martin asked that official for
his money and was given $5.61. He
was told that the balance swould be
! necessary to liquidate the costs of the
case and in proof of the assertion the
alderman presented the following bill
of costs: Alderman's costs. $1.5O; civil
suit, $1.S5; criminal suit, $2 Constable
j. w. Clark's costs, $3.50.
THOUGHT IT EXCESSIVE.
10 ran
ing that it was excessive, as he had
not instituted a criminal suit or or
dered one to be instituted The other
items he also held were excessive. Be
fore Alderman Howe he swore out a
warrant for Kellys arrest on a charge
of collecting illegal fees. After the
Kelly hearing, Martin was arrested for
perjury. Judge Gunster said last
evening Just before court adjourned
that the Kelly case should have been
tried before the one against Martin
Constable j. w. Clark and several
other witnesses We're put on the stand
by the commonwealth and testified
that they were in Alderman Kelly's
office on the night Martin called to be-
gin proceedings against the man who
owed him board bill. He directed the
alderman to issue an attachment
against GuditChs wages and also a
wauant for his arrest for dcfrauding
boarding house keeper. Alderman
Howe testified that at the hearing be-
fore him Martin sWoTe he signed such
papers as Alderman Kelly directed him
to sign.
The commonwealth offered in evil
dence the information lodged with AL
derman Howe signed John Martin"
ana the information on which the war
rant for GuditCh's arrest for defraud-
ing boarding house keeper was issued
by Alderman Kelly. The latter was
signed John Martczin." The sigma
lures to both papers We're Identical.
save for the difference in spelng.
Martin was the first witness called
to the stand for the defense. He said
he did not authorize Alderman Kelly to
begin criminal proceedings against
Guditch and signed only one paper.
which he understood was an attach
ment. The signature John Martczin"
at the bottom of information alleged
to have been made in Alderman Kcl-
ly's court he pronounced a forgery.
WRITING Is SIMILAR.
He admitted that the writing was
similar to his but he had never spelled
his name that way.
James j. McCOrrey was the last wit
ness Of the day and his testimony was
startling. He said that about the .
first Of November he had been dissi-
pating n good deal. Prior to that he /
had some business dealings with AL .
derman Kelly. on Nov. or Kelly |
brought him a paper which he told I.
him to make a copy Of and sign the /
name of John Martin to it. He gave /
him Martins signature TO duplicate /
and witness made the copy and sign |
ed Martins name to it. Kelly told the |
witness that he wanted the paper for .
use against Martin in the perjury case /
An effort was made to show that Kel- /
ly paid a Sl2 board bill for McCorrey |
and also gave him SO after the COPY
was made but the court would not al
low the testimony. MCCOrrey could .
not identify the paper in court as the
one he made. After the cross-eXami-
nation of McCorrey was completed
court adjourned for the day.
In the assault and battery case OF
Mrs. Mary Sargent against Mrs. Eliza
beth Miller which was given To the
jury Tuesday afternoon a verdict of
not guilty was returned yesterday and
the costs divided Peter Mercovitz,
who was convicted Of assault and bat
terry Tuesday was sentenced to pay q
fine of SO costs and spend one month
in the county Jail.
Mrs. Joseph Marks was tried for as
saultng and battering the child of Jo-
seph Mehalko. She denied the charge
and the jury said not guilty and div
ided the costs. James Brodosky and
Anthony Relcovitch were arraigned for
assault ana battery on Sophia Alexan-
dravitCh. 1t appeared that the wrong
men had been arrested and a verdict of
not guilty was taken and the costs
placed on the county.
A SOUTH SIDE CASE.
John McDonough,a South Side young
man, was charged with wronging Miss
Alice Reap, a pretty seventeen-year-
old girl, who also resides i'm that part
Of the city. She appeared in court
with a four-mOnths-old female child
in her arms. She swore that McDon-
Dugh is the father of it. He denied the
charge, The jury retired at noon and
had not agreed up to the hour of ad-
ournment. Attorney John II. Edwards
defended McDonough, and Attorneys
J. Elliot Ross and Frank Boyle con-
lucted the prosecution.
William Howley did not appear TO
prosecute Jennie Smith for keeping a
)awdy house and verdict Of not gull
.y was taken and the costs placed on
he prosecutor. The same action was
.aken in the case of Josephine For
beck charged by Mary Armson with
malicious mischief.