The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-12-19


manslaughteY Monday. was sentenced
to five and One-half years in the peni-
tcntiary. and Rafael passara, accused
of sinking "A hatchet into the skull of
Joseph Santoro at LaCkawanna, last
June. was as good as discharged FROM
custody because of the failure to try
his case within two terms after the
finding of tn" indictment against him.
The Moran jury, which had been ouC
since Wednesday afternoon at SO
o'clock, came in AT the opening ot
court and reported 4 verdict of aC-
Quittal to Judge Eerkes. Not a word
of comment was made by The Judge;
not even the usual thanks of the
court" being rendered. This was evil
IDENTIFY an intentional omission. judge
Ncrkes, it is believed shared the opin-
ion of many others about the court
house that tie jury could have brought
in a verdict earlier, if il had made
strong effort.
Moran proposes to go West. He says
he can never bear to face his sister
whom he has widowed.
KELLER SENTENCED.
Keller was called up for sentence af-
ter Judge Edwards had refused Mr..
SCragg'S lengthy, vigorous and earnest
plea for a rule for a new trial Mr..
SCragg and Mr.. Harris both made
pleas for leniency calling the attention
of the court to the jury's recommends.
tion of mercy and stating that there
were circumstances connected with the
case which did not get into the jury
box and which would show that Kel-
ler had cause to be much moro irritat-
ed, excited and provoked than the tes-
timony indicated.
Judge Edwards said in imposing sem
tence: 1T might be said that the first
shot was justified. or under certain
circumstances could have been iusti-
fed" but there was a pause between
the first shot and the other three and
then the three shots came in rapid sue
cession. I hardly know of a condition
where Il man shoots as reCklessly as
that even in self defense"
Then, after stating that he had con-
suited with the other judges regarding
the sentence which he would impose,
he gave Keller five years and six
months in the Eastern penitentiary.
The maximum penalty is twelve years.
Keller considered the sentence a very
severe one.
Unless District Attorney Jones can
this morning produce authorities which
will change the convictions of the
courS. Rafael Passara, accused of the
brutal murder of 8andmaster Joseph
Santoro will go forth from to court
house today, scot free.
WHAT THE ACT SAYS.
There is an act of assembly requir-
ing that "a homicide case shall be tried
within two terms from the finding Of
the Indictment. Passsra was indicted
Sent 20. 1898. The case was put over
from the October sessions and set for
trial last Wednesday. On Tuesday
District Attorney Jones moved for
continuance.
Judge Gunster said he would hear ar
guments on the matter Saturday. At
noon, Saturday, when the business of
the session had been concluded Attor-
neys Joseph OBrien and w. r. Lewis,
of counsel for the defense, moved for
Passara's discharge from custody on
the grounds that the act of assembly
forbade a third continuance.
District Attorney Jones presented I
lengthy affidavit setting forth the al
legged unavoidable circumstances"
which warranted the continuance. and
as a precedent referred to the Wilkes
Barre mountain murder which he
averred had had third continuance.
Judges Gunster and Edwards both
declared that they were of the opinion
that the law would not permit a third
continuance. Judge Edwards further
said that he believed Mr.. Jones should
have tried the case last week even at
the expense of the minor jail cases.
The SUPREME court, he also stated, had
decided that murder jury could be
selected without the full panel being
available.
Mr.. Jones claimed there We're decis-
ions sustaining his views of the nat
ter and at his request court gave him
until today to produce them. Both
judges declared that they We're fully
satisfied that Passara would have to
be allowed to go.
District Attorney Jones said he will
convict Passara of murder in the first
degree if he is given the opportunity.
WICKENHOFFER CONVICTED.
George Wickenhoffer, convicted OF
the diamond robbery charged against
him by n. Il. Levy g. Bro, was SEN
fenced 10y Judge Edwards to pay q fine
of 81 and the costs of prosecution, re-
turn the stolen property and spend
nine months in the county Jail Mr..
Lowry made an unsuccessful attempt
to stay sentence on the technical
ground that the Adams Express COM
pany and not Wickenhoffer was the
bailee and that Wickenhofter therefore
could not be guilty of larceny by bailee
as the jury mad found. Previous good
character resulted in winning leniency.
An end came TO the famous shoplift-
ing cases with the acquittal of Mrs.
Henry NJ. Williams in the Beidleman
case. The other four cases against
| Mrs. Williams and the three against
Mrs. Rachel Wincham and Mrs. Mary
Thomas Were mol pressed by the dis
trict attorney with the consent ot
! court, the police department and the
business men who We're prosecutors.
! acquiescing. The costs were placed on
the county.
William Lynn and John Nealon, the
Bellevue lads charged with robbery
and assault and battery upon Thomas
! Ruddy, and convicted of assault and
Continued on Page 81