The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-10-21

445 o'clock yesterday afternoon al'ei
being out about two hours, anu WIN
report the same to Judge EdWarus 'nls
morning It. is understood that the
finding is not guilty.
Mr.. Boland went on the stand yes
terday morning and told his story as
outlined by Mr. Kelly in his opening
for the defense, and explained III yes
terday's Tribune. He was in the couh-
ty com :nissioners' office one day last
December on some personal business
and the subject of the unapproVed eH-
oneration list was brought up by MI
Wagner, the commissioners clerk. lie
was quite as anxious to have set
tlement of the account as were the
commissioners, and at the suggestion
of Mr.. Wagner. attempted, with the AID
of his memory only, to check on such
items as had been collected. When he
went home and consulted his books he
discovered that he had omitted to check
off some few of the names. Ihe
amount set opposite these names was
figured up and remittance for the
whole was sent to the county treasurer,
the county commissioners at the same
time receiving notification of this ac-
tion from Mr. Boland, together with
the information that he would make
report of the same when he was maxi
ing his final settlement. In the mean
time the prosecution was brought
Fifteen character witnesses, among
them James Young, superintendent of
the Pennsylvania Coal company; E.
d. Swartz, merchant; f.. j. Lynett, ed
itor of the Times; Hon r. j. Dugan,
ex-burgess; p. II. Morgan superintend-
ent of the Spencer mines; Thomas j.
Golden, Martin Gibbons, c. p. Savage
and j. II. Kelly, all swore to Mr., Bo-
lands excellent reputation.
The defense was closed with an elo-
quent plea by ex-S 1nator Mcdonald
and the side of the commonwealth was
ably presented by Attorney John f.
Scragg. Judge Edwards gave a very
careful charge and at 2.3O the jury re-
tired.
A VICIOUS ASSAULT.
The most vicious assault that has
been described during the present
term of criminal court was that alleged
against Mike Yatsko, of the Ridge,
Archibald, by John Avery, a neighbOr
and compatriot of the defendant. In
February 1896. Avery, it appears,
and staid until early morning. AS he
became drunk during the night he
wanted to sleep on the floor until
morning. Yatsko would not allow this
and ordered his visitors out. They ex-
pastulated but Yatsko was determined
and would not yield. Finally Yatsko
became angry, and seizing a butcher S
cleaver dealt the drunken Avery a
Nipin1lC hlnNy ont hp wit "a Ch y n
edge, inflicting a cash that the hos
pital physicians for a long time feared
would be fatal.
1t was also brought out in the testi-
mony that Yatsko hit his victim a
second time with the blunt end of the
cleaver and then threw his senseless
form into the road. 1he man who was
with Avery fled at the sight of the
cleaver County Detective Leyshon,
who worked up the case, appeared as
prosecutor.
The defense alleged that the blows
We're struck in self defense. EX-Judge
Ward and John NJ. Harris appeared
for Yatsko The jury arrived at a ver-
dict after court adjourned.
Powell Barna, George Click and War
nick Lezok, also from the turbulent
Clure for aggravated assault and bat
terry on Larry Goelschuck. When the
testimony had been unravelled through
Interpreter Martin Woyshner. Judge
Mcclure told the jury that they had
better conclude it was a free fight
and divide the costs. The jury did
this. Attorney NJ. F. Conroy appeared
for the defense.
The embezzlement case in which c.
l.. Rice was defendant and Martin
Clark prosecutor was amicably set
tied. The case, which is a technical
one, has been tried several times with
varying results.
CASE TRIED TWICE.
John Harmody, of Winton, was tried
before Judge Gunster once and Judge
Edwards again on charges of assault
and battery Constable John Drake
was the prosecutor in each case. In
the first case. wherein Drake was the
assaulted party, the costs were divided
in the second case Drake prosecuted
for Michael Mclaughlin, whom, it is
alleged, Harmody struck with a fence
picket. The jury did not reach a yer,
dict i'm the latter case.
The case against the two notorious
Taylor women, Mary Moran and Mag.
gle Montgomery, accused of beine
common scolds, was called before
Judge Gunster. The people of TAYLOR
who are prosecuting the case through
Nappe Thornton, got rid of the un,
welcome pair by the burning down OF
their home two months ago and as this
was the only purpose the prosecutor.
had in view, they agreed to a with.
drawal of the charge. The Montgom,
cry woman did not appear and conse.
quently did not share in the good for.
tune of her friend. She will be for.
mally freed, however. when she puts
In an appearance, providing she car
make up some good excuse for hel
non-appearance yesterday
Peter Snyder, of Peckville, was con.
victed before Judge Mcclure of cruelty
to horse and was sentenced to pay
a line OF $50 and undergo imprlson,
ment for ten days.
Patrick Cunningham, one of tn,
youths implicated, or supposed to hay,
been implicated, in the robbery of III,
Ontario and Western station at NAV
field last fall, was allowed to go. tn,
evidence against him being insufficien
to warrant pressing for a conviction.
Katherine Smullen. charged by L ]
sLevigne, of Carbondale, with larcen,
and receiving, was acquitted, the prose
cutor failing TO appear.
WERE RETURNED GUILTY.
John Casper and Charles Eliske,
were returned guilty of the accusation
brought by Constable Edward Dolph
that they stoned a Carbondale Trac
ton company car from which they haC
been eiected at RichmOnd. IndPI