The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-12-14
OPINIONS HANDED DOWN.
Four Cases Of General Interest Were
Passed IpOn.

ed down by Judge Gunster yesterday.
In each of them the decision is of gem
eral interest.
In the cases against W. 4. Beemer
Frank Day and William Leightner
who were arrested for selling oleomar-
gerne and summariy fined 800 each
by an alderman, the complains were
dismissed and the defendants dis
charged, the Judge ruling that the
summary conviction was irregular
. In discussing the Act of 1885, under
which the arrests were made, Judge
Gunster says: "lt is clear that the
section does not confer ON justices or
aldermen the power to pass upon the
guilt or innocence of the accused. and
that the offonse is triable only in the
court of quarter sessions or oyer ana
terminer and before jury
The third section of the Act of lS93
which amended the Act of 1885, pro-
Vidcs for tn" imposing of fine of 500
and Imprisonment not to exceed one
year. This fine shall De recoverable
with costs, by any person sueing in
the name % the commonwealth, as
debts OF like amount are by law re-
cuverable." This section manifestly
prescribes a civil action, the court
rules. In any case summary con-
viCtion is not warranted. In consid-
erng the Judge takes occasion to call
attention once more to the frequently
explained difference between an action
for penalty and summary conviction.
THE DUCKSBURY WIDOWS.
The case Of the rival DucksburY
widows was decided in favor of the
alleged unlawful widow. In 1896, Rob-
ert Duckshury. of Carbondale, died,
leaving policy of $1,000 in the supreme
Lodge Shield Of Honor, payable to his
wife. Josephine Wood Ducksbury, with
whom he lived at the time, proceeded
to collect the insurance money. Be
fore the Shield of Honor could make
the payment. Kate Duffy Ducksbury
stepped in and exhibiting a certificate
showing that she had been married to
Robert DucksbuTY. in Keighley. York
shire. England, in 1873, laid claim To
the insurance.
The Shield of Honor didn't want to
get mixed up in the impending bother
and SO paid the money into court. Kate
DuCksbury thereunon sought To have
court pay the money to her. Josephine
DuCksbury opposed this, showing that
she had been married to Robert Ducks
bury in 1894 and that she was his duly
acknowledged wife at the time of his
death and the one to whom he intend
ed the money should go.
Judge Gunster, in deciding in favor
of Josephine. or widow No. >, says that
Kate is not entitled tc the money, as
she was in no way a party to the con-
tract. The question OF the legality Of
the marriage between the dcCedant
and Josephine Ducksbury does not
enter into the case, the judge contends.
She is the one to whom he intended
the money should be paid,
The appeal from the decision of AL
derman Mllar in th, Olyphant base
ball case, was dismissed and the pro-
ccedings confirmed.
SUNDAY BASE BALL.
John j. McAndrew and 4. f. Giles
pie were arrested at the instance of
Rev. Il. f. Hammond for conducting
base bali game for pay ON Sunday,
Aug. 30. 1897, in Olyphant. They We're
taken before Alderman Millar for a
hearing hut at their own request were
granted O. continuance. At the time
set for the postponed hearing they did
not appear but Notwithstanding this
the alderman proceeded with the hear
ing and fined each of the defendants
81. They appealed alleging that the
proceedings We're irregular because
conducted in their absence and further
that the iniliction Of the penalty was
not warranted by the evidence.
Judge Gunstcr says no one hut the
defC ndants themselves We're to blame
for their absence. The presence of a
defendant is essential in the trial of
capital crimes. he says, but not neces-
sary in the case of a misdemeanor
such as the one in question. There is
no ground, he holds, for the complaint
that the record in the case is defective
or that the evidence is insufficient to
warrant the penalty
Another summary conviction, that in
the famous Griffin pond case was de-
clared irregular by judge Gunstcr.
Tie motion to quash the writ of GER
tiorari, because it was hot taken with
grounds that the record does not show
that the justice of the peace had iur-
isdiction and consequently there was
nothing to appeal from.
In an opinion for the court in banc
Judge Archibald directs that the re-
spOndent in the case of Clementine
Renwicll against Robert RenwiclS pay
To the libellant S35 counsel fees and
SIS month alimOny during the PEN
donCy OF the proceedings.