The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-02-10

In criminal court two of the Bogart
burglars, Frank Bixler and Harry
Johnson, alias James T. Reilly, were
found guilty in manner and form as
charged in the Indictment and the
third, Michael O'Neill who proved
such a strong alibi was acquitted.
Yesterdays proceedings consisted
J solely of the closing Arguments of coun-
sci and the charge of court. John T..
Martin made the closing for the de-
fense, and Major Everett Warren for
the prosecution. 1t was noon when
Judge Gunster finished his charge.
The jury retired and after dinner
proceeded to deliberate. Shortly af-
ter three o'clock the verdict was
reached. O'Neil was called up and
discharged and the other two were re-
manded to the custody of the sheriff
to be sentenced Saturday.
In the Olchefski case the taking of
testimony for the defense has begun.
The commonwealth rested at noon af-
ter adducing evidence to show that
Olchefskis properties were insured for
more than their real value.
Before proceeding to the matter of in
surance, District Attorney Jones
showed by Frank Bonn, a Lackawanna
saloon keeper that Olchefski came tC
him a few days before the explosion
and tried to induce him to buy a box
of soap, containing one hundred bars
Bonn did not want the goods but Olche-
fski urged him to take them and fin.
ally he consented to allow Olchefsk
to deliver the box with the understand.
ing that he might pay for it when hi
saw fit. Olchefski told him that III
was disposlng of soap and such good!
in large quantities 10 all his bushes:
friends.
Then Bernard Haas, who occupied
the blacksmith shop owned by Olche.
, fski was called to show that Mrs
Olchefski carried $500 insurance on tn,
building, although it was worth only
$3.50.
COURTS RULING.
Court would not admit the testi
mony, however, until the insurance wa!
first proven. Peter Robling was called
to testify to the insurance from hi
office records but the defendants at
torneys raised the points that the poll
cies would be the best evidence an,
court excluded the testimony.
Mr. Jones stated that Olchefski hat
the policies and that the most of then
had been given over to a party il
Philadelphia as security on a $500
mortgage, and for this reason tn
commonwealth had been unable to ge
hold Of them. Judge Archibald hel
that 1T was possible to get the poll
cies and persisted in his refusal to al
wv the insurance to be shown fror
- >he books.
1T to be outwitted however. MI
JoL called Chief of Police Robin,
to tn, tand and had him detail
converse, with Mr.. and Mrs. Ol
chefski in n they stated thai the,
carried $4,000 ~,rance on the stor
building, $1,500 q. q lwellng $500 o
the blacksmith shos ID $1,000 on tn
furniture of the dwell.
John Power O'Connor, The chief
stenographer, was called to corrohor
ate the testimony about the converse
ticb. He was Swing answers from hi
short hand notes when counsel for tn
defense objected and he was directe
by court to transcribe them that tn
defense might use them In cross lex
animation.
Contractor james Woolsay was Gale
to testify as to the value of the hni''
ivts but when IT was shown that hi
krC Wedge was gained from the plan
Of the builder, Henry Spruks, the evl
dence was excluded.
OMMONWEALTH RESTED.
At this juncture the commonwealth
rested and Mr.. Oliver opened for til
defense. He claimed first that Olchei
ski was innocent of the crime and ths
he was totally ignorant of what cause
the explosion. 1t would be proven, h
said, that Olchefski had been almo.
killed and the lives of his family i'm
perilled by the explosion and fire; the
the kerosene in the bureau came frol
two lamps that had been overturned b
the explosion; that the furniture ha
been mutilated after it was take
from the dwelling, presumably by son
enemy, and that gas was escaping
Michalowsky's saloon on the night ,
the explosion and in all probabiliI
caused 1t.
DR.. Frank Karmoski was the fir
witness for the defense. He swore tn;
he was passing the Olchefski buildir
at the time the explosion took plac
being on his way to secure some med
cine for his wife. The force of the e,