The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-12-15

of How He Found Some of N. b.
Levy q Bros Missing Diamonds,
Which the Levy's Positively Aver
They Delivered to Wickenhotfer
to Be Expressed to New York.
As was cxfected, % verdict of guilty
was returned. yesterday morning,
against T.. l.. Hammer. representative
of the Old Wayne Insurance company.
The charge upon which ne was con-
victed was the third count of the in
dictmcnt. advertising himself as agent
of an unlicensed insuranC" company.
Judge Gunstrr sentenced him to pay II
fine of $3.50 and costs. accompanying
the imposition of sentence with the re-
mark that the finding of the jury was
certainly a proper one. Later in the
day NoSburg q Dawson. attorneys for
Hammer, appealed the case To the su-
perior court. Alderman Myron Kasson
became bonlSman for Hammer in the
sum of 500.
George " Nickonhofier, accused of thu
theft ot package of icwclry from y.
Il. Levy n Fro, was called to trial
before Judge Edwards yesterday
morning. ON sept. 5 last, the jcwelry
firm madc up package containing
seven small diamonds and two gold
rings, ono OF them. the property of G.
II. Sears. Of Green Ridge. having a
diamond setting The package was
directed to New York city and was
given t. au express messenger. \
week ~ So later word was received
from New York that the package had
not arrived. The jewellers referred to
their books to find cut by which ox-
press company the package had been
sent ana To their surprise discovered
that they had neglected to have the
cNpressman sign fur it.
THEY INVESTIGATED
Their best recollection was that the
package had been billed by the Adams
Express company and that Wirkcnhof-
fer was tn" messenger t. whom it was
delivered. 70 make sure that their
memory was not at falt the, made
the rounds of the other Express o.iccs
to ascertain if the package had been
given to arN Of them, but il drvcl-
Oped non" of them had received it.
had given tn" package tn Wickcnhoffer
and hc was called upon To- answer for
it. He said If vul, gave me the pack
age you haN" my receipt for it," This
answer satisfied the L.vys that it was
to Wickenh"ifrr they had given the
package and also caused them To- Sus-
pect that he had appropriated it to his
own usc.
Detcctiv" ,'ohn Moir was given the
case IN hand ana after few days
search founG the Sears ring and two
OF the diamonds in a local pawn shop.
He also discovered that it was Wick
/ cnhoff"r who had pledged them ana
that II" did - under an assumed nam"
NlckenhoffCr was arrested and
charged with the theft. lie admitted
that it was he who had pawncd the re-
covered jewclry. but denied stoutly
that he stole 1t or that he had received
the package in question from Levy x
Bro, His story was that on the morn.
ing of Sept. . while going into Loh-
mann's restaurant. which is next but
ont to the Traders Bank building
where Levy " Bros offices are. he
found plain envelope in the gutter.
near the curb. containing tn" ring and
two diamonds wrapped n tissue paper.
He realized that he should have sought
to find the owner bur his irnpoverish-
mont due to lone siege of idlcness
prompted him T. k""r his find tn him
self and pawn tn" i"wclry.
THE TWO STORIES.
This is the story Us told hy the Wit
nesses on both sides Tho Leyvs verc.
positive that it was to Wickenhoffer
they delivered the package and he was
more than positive in his statement
that they were mistaken. He told his
story in straightforward. unhesitat-
ing manner and could not be trimmed
up on cross-eXaminatior aIthough the
ATTORNEYS for the prosecution stroy,.
their utmost to do 50.
Mr.. Lowry, who was counsel for
, WicEenhoffer, argued that while Wick
/ "nhofer's story at first seemed imDrob
able it was by no means imuoasibIa
and considering the previous excellent
character of the defendant. rs nttestad
by a large number Of witnesses the
jury should be disposed To douht his
! gliit. Mr.. Nidaver. who assisted Mr.
Harris on the commemorative sido
contented himself with an eynosition
] - NNAii''' lli' llulCulOuS III
consistencies of WicEcnhoffcr's story
Wlckenhoffcr was probably an hona.t
, man previous TO this oitensc. he said
| but the temptation TO take the dia-
monds came upon him when he saw
that the Levys had neglected to have
him receipt for them and believing h.,
could not be convicted decided to a,-
prorriate the diamonds and if needs ~.
take chances on putting his vcracitv
AGAINST That OF the Levys in . court
of justice.
Judge Edwards i'm his charge to tba
/ jury said that if Wickenhoffer was nv
| honest man he would have endaavorod
| 10 fnd the owner of the articles be
picked up, or at least when the LEWIS
| We're inquring from him for q naclx-
| age of diamonds and two rings which
! they claimed they had lost. he wouId
| have informed them that he had found
! some jewelry of that description and
! If they could identify it they might
have it.
The jury in the case retired inst nra.
| vious to adjournment.
FULLER FOUND GUILTY
W. V. Fuller. a Carbondale market.
man, was found guilty of stealing
thirty pounds Of frozen fish from a box
in front of Commission Merchant Rob.
| erts' place on Lackawanna avenue He
| was caught in the act Of CARVING tho