The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-09-14

hehrtng In the case OF borough Oi
Winton and Others VS.. Patrick Null
hcrin and Others.
The summer vacation of the county
courts came to an end yesterday, when
the grand jury met and constables
made their quarterly reports to court.
Later in the day Equity court began.
Judge Gunster was the only one of the
judges on the bench yesterday. No
opinions were handed down. From now
until next June the courts will be in
session almost constantly.
Early in the morning Judge Gunster
directed that the grand jury be sworn
and he then charged them as to the
duties they will be called upon to per-
form. G.. o. Sommers, of Spring Brook,
was made foreman of the jury and 1t
retired to the grand jury room, where
District Attorney Jones had enough of
work ready for them to keep them go
ing for the remainder of the week.
Up to date nearly 600 transcripts have
been filed with the clerk of the courts
and the indications are that before the
grand jury adjourns it will have con-
sidered about 800 cases. That means
that the jury will be in session about
two weeks.
One of the cases considered yesterday
was that against Alexander Pachaski
and Frank Yarnsanich, who are charged
with killing Albert Wintergrass at the
Northwest colliery, above Carbondale,
about two months ago. There was a
fight in one of the houses near the coll
liery and during the trouble Winter
grass received rough usage. The next
day he was dead and the coroner's
autopsy showed that death was due
to a blood clot on the brain. Pachaski
and Yarsavich are charged with caus-
ing the blood clot, but they stoutly
deny all responsibility for 1t.
RETURNS OF CONSTABLES.
Returns of violaters of the liquor laws
were made by few of the constables.
Constable Davis, of Old Forge, returned
| p. j. Conway and Arnelo Surdenello
for keeping tippling houses. Others
returned for the same cause were John
Zizierski and Frank Wontawski, of the
| Second ward of Dickson City, by Con-
stable Henry Diecks Powell Stragus,
of the Second ward of Scranton, by
! Constable Bernard Davis; Fred. Hug,
| of the Twentieth ward of Scranton, by
| Constable Michael McMurray. AS part
of his report Constable Hollister Car
penter, of Benton township, presented
the following letter:
Mr.. Carpenter, Constable of Benton
Township:
Sir-You are hereby requested to make
| return to the next court of quarter ses-
| sions of the county that the hotel kept
| Potter E1pptyillp Tnpkaw1n-
| ma county, harbors from time to time a
| large number of drunken men who keep
| a disturbance in the neighborhood dur
! ing the hours of the night and annoying
| the peace of the neighborhood, also
| George Freeman who keeps about his
place during late hours of the night lot
| of drunken men and boys who also dis
turb the neighborhood and harbors the
| same, while in a drunken condition ard
encourages the same. Yours,
| o. f. Gunther.
| The returns and the letter were re-
ferred to the district attorney. After
the reports of constables were disposed
| of a number of candidates for citizen
| ship were examined and granted nat
uralization papers. The equity list was
| then taken up and the following cases
continues: Joseph Fellows VS.. c. Smith
and John Stanley Smith; r. e. Hurley
| VS.. the Delaware and Hudson Canal
| company; Louisa Lyman VS.. Lewis
Smith and Margaret Smith. The only
case remaining on the list is the Bor-
ough of Winton and others against
Patrick Mulherin and others. 1t was
called up for hearing. The plaintiffs
are represented by ex-senator w. w
| Watson, Attorney w. S. Diehl and At
| torney /. H. Burns and the defendants
by O'Brien & Kelly and Attorney A
d. Dean.
CAUSE OF PROCEEDINGS.
The plaintiffs are the borough OF
Winton, T. P. McAndrews, burgess, and
Joseph Langan, Thomas Bell, Benja,
min Traviss, Henry Dando, James
Kane and Patrick c. Walsh, members
of the borough council, and the de-
PENDANTS Patrick Muherin and NJ. p
Judge, of the firm of Mulherin & Judge
Michael f. Barrett, Peter j. Burke an6
Michael j. Gallagher, also borough
councilmen. In 1895 the borough coun
Gil decided to erect borough building
There was dispute as to where the
building should be located, but it wa!
finally decided to build 1t on lot pur
chased from the Hillside Coal and Iror
company and Mulherin & Judge were
awarded the contract for erecting {
structure to cost about $1,000. Abou
this time the following resolution wal
passed.
Resolved, BY the borough council o
Winton borough that no further actor
be taken toward the erection of borouSi
house upon the lot of the Hillside Goa
and Iron company, situated near Churcl
street, and that notice be given to thi
effect of all bidders.
Mulherin & Judge nevertheless pro
ceeded to begin the work of erecting tn,
building, for which they received tn
contract, but were stopped by the in
junction proceedings which were III
for consideration yesterday. The de
PENDANTS assert that the contract 70
the building was legally awarded ant
that they have the right to proceed
with the erection of it in accordance
with the provisions of the contract Th
hearing in the case was not completed
yesterday and will be continued today
After the injunction considered yes
terday was granted, the faction of th
, borough council that obtained 1t pro
! ceeded to award a contract for tn
erection of the building to the Peel
> Lumber COmpanV That called fOrtl