The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-12-04

| DISAGREEMENT was lHe OIlSl VI 'h~
day in the Kelly cases. After being out
| since noon, Thursday, the jury in the
case in which the MAGISTRATE of the
| Eighteenth ward charged John Martin
with perjury, came in and reported
| that they could not agree and were
| DISCHARGED. In the cross suit, in which
| Martin was the prosecutor and Alder
| man Kelly the defendant, the jury re-
| turned a verdict of not guilty by drec-
tions of court, but could not agree on
the disposition of the costs. They also
were discharged.
This second case was tried before
Judge Gunster in court room No. and
| was the first called yesterday morning.
! The charge was that OF eXtOrtinS ille-
! gal fees. John Martin, the prosecutor,
| was the only witness to testify. He
said he went to Alderman Kelly's Office
| to get an attachment for a man VINO
| intended to skip out and defraud him
! Of a bill he owed. The alderman sue
| ceeded in collecting the money but the
! greater part of it was retained for fees,
the alderman charging up the expenses
| of a criminal suit, a civil suit and an
| attachment. Martin demurred, saying
he had not directed a criminal suit to
| he filed but the alderman insisted he
| had and withheld the costs for the
same. For this the prosecution was
| brought and cut of Martins allegations
in the case, the case of perjury grew.
CASE NOT MADE OUT.
When this testimony had been given
the commonwealth rested. Hon. John
| l.. Kelly and w. w. Baylor, attorneys
for the defense, asked 10 have the case
| hD
that it had not been shown but that all
three suits for which the alderman
charged had been regularly brought.
Judge Gunster said no case had been
made out and directed a verdict of not
guilty The disposition of the costs he,
! however, said was a matter for the
Jury and he sent them out to deliberate.
| They came in about an hour later with
| the recommendation that the costs be
| divided equally, between the prosecu-
| tor and the county. The judge would
not accept this finding and sent them
| back once more. At $50, after being
out four hours they came in and re-
ported they could not agree. Judge
| Gunster discharged them, but before
doing so he read them a little lecture,
| telling them there was no reason why
| they should not have agreed. He dis
| missed them from further attendance
| at court this week, neglecting the usu-
al with the thanks of the court.
Assistant District Attorney Lowry, who
| had been waiting for twelve jurors to
| try a case before Judge Mcclure want
| ed Judge Gunster to send the jury over
to No 3. Judge Gunster very sharply
answered: mo, the jury is discharg-
| ed"
Harry Courtright, the Georgia pine
| Knot" was tried before Judge Ed
wards in the main court room for steal
| ing a $75 diamond from William Jones.
| District Attorney Jones conducted the
prosecution. Attorney John ]. Murphy
| and w. w. Baylor appeared for the
| defendant.
JONES HAS A DIAMOND.
Jones, Courtright, and a number of
| others We're drinking in William T.
jenkins hotel, on the night of Oct. II,
| 1896. Jones had a large diamond set
| ting in a ring but when he woke up
| in the morning from a sleep on one
| of the tables, the setting was gone A
| short time later Courtright sold the
| diamond to Jeweler Rogers. The de-
| Tense was that he found the diamond
| on the saloon floor, was hard up at the
| time: kept it and sold it with the in
| tention of buying it back again if any
| body claimed 1t. The jury was out at
| adjournment.
Dominick Youkobski was tried before
Judge Gunster on two charges of as
sault and battery preferred respective
| ly by Joseph MatulieVicZ and wife of
| Lloyd street. 1t appears that the pros
ecutOr keeps boarding house and that
on Christmas day, last year. a crowd OF
men from Q rival boarding house came
| over to his place and raised general
| ructiOn. YuukObsli was no worse than
| the other assailants, it would SEEM but
! he would not humble himself after the
custom Of his country, by getting down
on his knees and kissing the aggrieved
party's hand and so was called upon
to make reparation in court. The jury
went out just before adjournment.
| Assistant District Attorney Thomas
and e. @. Newcomb represented the
commonwealth and NJ. ]. Walsh ap-
peared for the defendant.
Constable Seth Smith was a principal
figure in two cases that were furnished
| by the Providence end Of the city One
of them which was tried before Judge
Mcclure, had Agnes Miller as defend
ant and Jonah Williams as prosecu-
tor. Constable Smith was arrestng
Mrs. Millar's husband, and as his pris-
oner was resisting for all he was worth
the officer called on Williams for as
sistance At this Mrs. Rogers went to
| the assistance of her husband and
started in to break up the whole thing
| by pounding Citizen Williams on the
| head with a stone. The jury had not
returned a verdict at adjournment. As
sistant District Attorney Lowry repre-
sented the commonwealth and Taylor
e. Lewis, the defense.
A CONSTABLE CHARGED.
In the second case, also tried before
Judge Mcclure, Constable Smith was
/ charged with assault and battery upon
Mrs. Elizabeth Mahon. He went to
! her house to serve a writ of dispos-
session, and it was claimed by the de-
! fendant, assaulted Mrs. Mahon. The de-
fense showed that quite conclusively
| that Mrs, Mahon met the constable
with a coffee pot, and that he had to
use force to execute his duty. The Jury
| said not guilty; county pay the costs
! II. r. Duffy appeared with Assistant
| District Attorney Lowry for the prose-
cution, and c. W. Dawson, of Vosburg
| q Dawson, looked after the defense.
| Edward Baggott was arraigned be-
| fore Judge Edwards to answer for
stealing a suit of clothes and some
| other articles from the home of Mrs
| Sarah ID. Lee, of Lloyd street, where
| he formerly boarded. The testimony of
| the prosecution was that uJba,, ba c,,it