The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-10-26

The hearing in the impeachment pro-
ceedlngs brought by ex-Alderman c.
NJ. DeLong against Alderman j. p.
Kelly, Of the Eighteenth ward, was
held yesterday before Attorney j. w.
Carpenter, the commissioner appoint
ed by court to take the evidence. At
torney p. f. Loughran represented the
petition. Hon John p. Kelly and At
torney w. w. Baylor appeared for
the accused. L. NJ. Schoch is the Off
cial stenographer.
Nothing of a definite nature that
would tend to incriminate Alderman
Kelly was disclosed. Circumstances
that might be considered strongly sus-
picious were developed, but as courts
do not act on suspicious 1t might be
said that yesterdays proceedings failed
in any way to fasten guilt on the ac-
cused magistrate.
Inquiry was first directed into the
alleged fictitious cases which II is
claimed were manufactured for the
purpose of Illegally collecting costs
from the county. A transcript which
represented one OF the alleged ficti-
tious cases would be presented. Then
Mr.. DeLong would go on the stand
and testify that he searched high and
low for the parties to the case but
could not find that any such persons
ever existed. In several instances men
answering to the names of the parties
10 the case in question We're put on
the stand and testified that they had
never figured in the case. and in the
majority of instances they knew Of
no one else of their name hereabouts.
TESTIMONY ABOUT BAIL.
Where bail was accepted by another
alderman, the alderman would be call
ed upon to testify as to whether or
not the acceptance was regular and
genuine. In each instance yesterday
it was found that bail was taken and
entered as the warrant indicated.
The attorneys for the accused OBJ
jected to the admission of almost every
bit of evidence offered and succeeded
in having much of it ruled out. For
instance, objection was made to Mr..
belongs testimony regarding his eff
forts to locate the parties named in
transcript on the ground that it was
immaterial and did not prove that the
parties do not exist. Again when John
Smith, for instance, would testify that
he was not the prosecutor in the case
of John Smith against John Brown,
objection would be offered on the
ground that there are other John
Smiths and nothing in the transcript
or the testimony to show that the wit
ness was the John Smith intended.
The prosecution made a demand for
the bail piece in each case for the
purpose of proving its regularity. but
the defense refused to present them
holding that a defendant need not
furnish any evidence that would tend
to incrimlnate himself. Commissioner
Carpenter directed that this matter
be certified to Judge Archibald for a
fair ruling.
The transcript of the larceny case
of Philip Weissburger, of 500 Scranton
street, against John O'Halligan, Of 112
Northampton street, Wilkes Barre, was
the first taken up. The allegation was
that the parties named have no exist
ence and that the case is a fictitious
ore.
COULD NOT BE FOUND.
Mr.. DeLong told of futile efforts to
find the parties. Samuel Weissburger,
who lives at 907 Scranton street, went
on the stand and testified that he was
the only Weissburger living on Scran-
ton street and that he was not the
prosecutor in the case in question.
Philip Weissburger, of 420 South Wash
ington avenue, who, it is claimed, is the
only man of that name in this city,
swore that he was not the prosecutor
in question.
When Mr.. DeLong was on the stand
Mr.. Kelly tried to bring out that he
was prosecuting these proceedings
through malice. He asked him whether
or not he had been refused an engage
ment he sought with Alderman Kelly
and whether the money he had re-
ceived for serving writs for Alderman
Kelly was gone and that he intended
to make some more; also as to wheth-
er or not he had said that he would
impeach Alderman Kelly if it cost him
a thousand dollars.
To all these questions Mr.. DeLong
answered in the negative and said
that he was prompted only for the pub
lie good.
William Richards, who was named as
bondsman in the Weissberger case, was
sworn but could not say positively that
he went bail for OHalligan. He re-
members having signed a paper as
surety for O'Halligan in some dealing
or another in Alderman Kelly's court,
but could not say that it was in this
particular case. The matter had quite
passed from his memory. he said
Mr.. Loughran asked that the bail
piece be produced, that the witness
might say whether or not it was his
signature that appeared thereon, but
the defense refused to produce 1t on
the grounds above mentioned.
ANOTHER CASE.
Another alleged fictitious case delved
into was that of A. Arnold, of Carbon
dale, against John Butler, of Carbon
dale. The only John Butler that Mr.
DeLong could find testified that he
never had case in Alderman Kelly's
court. Alderman Atkinson, of Carbon
dale, admitted having taken bail in
such a case when the prisoner was
brought before him by Constable James
Clark. The other parties to the case
could not be found, Mr.. DeLong testi-
fed.
In the case OF William T. Jenkins of