The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-02-11

was positive that the chair bottoms
were then intact.
Mrs. Anna Loshak, who lives on Elm
street near Olchefskis barn, testified
to having seen Olchefski on frequent
occasions carrying bags of feed and
the like from his store to the barn
late at night.
ROOF WAS LEAKY.
Mrs. Annie Pancofslli, in the rear of
whose home the Olchefski barn is To-
Gated, corroborated Mrs. Loshak, the
preceding witness, and testified fur
ther that the roof of the barn was in
a leaky condition, which latter fact
was elected to show Olchefskrs reason
for keeping his feed, oats, etc, in the
store.
Constant Vistofski, who helped to
carry out the Olchefski furniture, tes-
titled that chair bottoms We're not cut.
On cross-examination he admitted that
the chairs he carried out might have
been from the Michalowsky apart
ments.
Mrs. Tuophelia Deckert testified that
she saw Mrs. Olchefski and her two
children soon after the explosion and
they were only partly dressed.
MIR. Jones brought out on cross-eX-
animation that Mrs. Deckert had loan
ed the Olchefski's $500 and took a 81, 900
insurance policy as security.
Frank PancofsN, owner Of the barn
in which Olchefski kept his horses. al
so testified to having seen Olchefslti
carrying feed from the store to the
barn and that the roof of the barn was
in a dilapidated condition.
Voleski Valentine, of All Penn ave-
nue., testified that he was at Mrs.
Nitch's house on the morning follow
ing the fire and saw Mrs. Mitch tear
open the bottom of Olchefski's chairs
which had been placed in her yard,
and pull the oakum padding out of
them.
y. Lopatyner, another Polish editor,
sWore that he was coming here from
fishing expedition in company with
Rev. Frank Hodur about ~ O'Clock at
night, and in driving past the corner
of PittstOn avenue and Elm street de-
tected peculiar odor.
Adam Yearing, q barber, testified to
having shaved Olchefski on the morn
Ing after the fire. His hair, Whiskers
and eyebrows We're badly singed and
there was bruse on his head and
scratches on Els 1dC6.
1t looks now as IL there was little
possibility of the case getting to the
jury before tomorrow at noon. The de-
fense has large number of witnesses
Yet to he heard and the commonwealth
will present considerable testimony in
rebuttal.
AFTER TWO YEARS.
After nearly two years of waiting.
the case in which II. NJ. Boies, acting
for the Moosic Powder company,
charged p. A. Carroll, of Carbondale,
with cheating by false pretenses, was
yesterday taken up before Judge Cum
ster.
Feb. Is, 1896, the Rushbrook mill,
of the Moosic Powder company. sit
uated at Jermyn, blew up, and among
other damage that resulted was the
breaking of many windows in Carbon
dale. week after the explosion p.
A Carroll, a Carbondale merchant.
submitted a claim of SO to the COM
pany for large plate glass window
in his store, which, he claimed, had
been shattered by the explosion. The
company sent William Bell, an en-
ploye, to adjust the claim, and $45
was agreed upon as the basis of set
tlement. The company paid over the
$40 and took Mr.. Carroll's receipt for
it.
Some few weeks later the company
learned that the window in question
had been broken in January, a month
previous to the explosion, and that a
farmer named Reidenberg who it was
that broke the window, had paid Mr..
Carroll $65 for new window. Forth
with warrant was issued for Mr. Car
rolls arrest, charging him with cheat
ing by false pretenses, He gave bail
to answer at court, and ever since that
time the accusation has been hanging
over him.
When the case came to trial yes.
terday Mr.. Carroll was acquitted with
out even having to put in a defense.
Mr., Bell, who went to Carbondale to
make the adjustment, admitted on the
stand that he knew Carroll knew he
knew that the window had been
previously damaged by Farmer Riden-
berg.
VERDICT NOT GUILTY.
Messrs. Kelly and ONein, ATTORNEYS
for the defense, forthwith moved for a
verdict of ot guilty, and court unhes-
itatingly granted 1t. This very thing
was the defense which Mr.. Carroll was
to offer
At the fall term of criminal court
Simon Rice was found guilty by jury
of assault and battery upon o. ]. Mich