The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-10-14

BY the Court Yesterday.
There was repetition in Judge
Archbald's court, yesterday, of the in
cident in Judge Connolly's time in
which a jury brought in verdict of
not guilty and put the costs on the
prosecutor after the defendant had ad-
mitted his guilt. Judge Archibald,
however did not follow Judge Connol-
ly's precedent ana debar the jurors
from ever serving again in a like cap
acity. He contented himself with
simply setting aside the finding as to
| the costs.
The case was one from Olyphant in
which Thomas Williams charged John
Reese with malicious mischief
The prosecutor and four other wit
| nesses sworc that one night in July
last Reese hurled stone through his
parlor window. Reese had no attor-
ney and didn't particularly care for
one as he did not propose to deny the
accusation. He took the witness stand
and admitted that he threw a stone at
| Williams house and that 1t very likely
| went through the window. He went
TO Williams house, he said, to look for
his dog which he had cause to believe
Williams had taken. Williams put
him out and beat him and while thus
| provoked he turned about and threw
a stone at the house.
The jury was out but a short time
when 1t returned with a verdict OF
not guilty, prosecutor pay the costs.
Judge Archibald promptly set aside the
finding as to the costs. but made no
comments on the jury's action in the
other regard.
MUFFLEY WAS ROBBED.
On the night of Aug. IA, Samuel
| Muffley, of Meridian street, was set
| upon and robbed by two men, at the
corner of Scranton and Chestnut
| streets. One of the assailants had a
wooden leg and used a crutch. In that
! immediate neghborbood lives one
| Thomas Ford, who wears a wooden leg
and crutch. Detective John Mor ar
rested Ford on suspicion of the crime
| and yesterday he was tried before
Judge Archibald. Muff,ev could not
positively identify Ford and as there
was no other evidence against him, the
jury said not guilty.
Frank Hickleboon, of Forest city.
|
preferred by 12-year-old Lizzie Krotky.
TIe put up the fiimsy defense that the
girl accompanied him into the woods
to help him look for his COW and that
while they were walking along she
tripped and fell and he tripped over
her. She became frightened and
screamed and the neighbors came to
her rescue.
Tnln
Bender to pay a fine of 81 900 AMI
spend six months in the county Jail
for keeping a tippling house. Bender
admitted that a hole-in- the wall was
maintained on his premises. bat al
legged that the proprietor was George
| Myer, the young man who was shot
and killed by Joseph Keller last Aug
ust, and who was to have married
Benders daughter.
Ashbe Edwards, colored,. charged by
his wife, Virginia Edwards with being
crimnally intimate with Rebecca
Jackson, was found guilty.
OUT AT ADJOURNMENT.
A jury was out at adjournment on
the robbery case in which John Raf-
ferty, of Providence, is charged with
rltiine the pockets of Peter Dean, while
the latter was in drunken sleep in q
field. Raffertys story was to the effect
that DeaJ and he were drinking to-
gether mat Dean sent him with so
to get some WhisKeY and that when
he returned with the whiskey and the
change Dean was gone. While he was
looking for Dean he was arrested.
Salvatore Nalen2iano and Katie Val,
en2iano were called to answer the
answer the charge of robbery preferred
by Domenico Muscico. The prosecu.
tors own story was to the effect thai
he owed the ValenZianos bill of $4 81
and that they kept it out of a s. bill
belonging to him and which they tool
from him by force. Judge Archibald
thought no jury would convict mar
OF robbery under such circumstance.
and threw the case out
| 4 jury was out at adjournment OF
The case in which Charles Ashmar
and his son John We're charged Will
assault and battery upon John War
| ring, of Smoketown. Olyphant. 1t wal
enc of a series of fights that the tw,
families have engaged in during tn,
| last year
John Petroski and Joseph Pesarsk
|
of assault and battery upon John Wan
kOSky. The prosecutor was laid III
for long time in the West Side hos
pital with a badly lacerated scalp. tn
result of an assault with beer bottles
at the hands of the defendants.
A moi pros was entered i'm the cas-
Of Nora McGlynn against Samuel Ma
hody, who was a doctor, since de
! oh
operation.
VERDICT IN FENNICK CASE.
After being out since noon. Wednes
day. the jury in the case agans
George Fennick returned a verdic
of guilty of the second count of III
Indictment, abusing a woman child
A verdict of not guilty was directe,
to be entered against Albert Cleave
charged by Jacob Ollendyke with lar
ceny and receiving, two years havinl
gone by since the indictment wa
fUuad
In the case OF assault and batter,
against Martin Cannon and Victori
Polsky. the Jur'- said not guilty an
directed Cannon and the prosecutor
John Shoes, to pcy the costs.
No evidence being at hand on tn
part of the commonwealth a verdic
OF not guilty was taken IN the larcen
by bailee preferred against Henry N
Swabsy Dy II. Gh6sleger.
The evidence not warranting a cou
viction, Assistant District Attorne
Vcsburg Withdrew TIE case of larcen
and receiving preferred agains
George LOwery of Carbond?ie. by n
V. Fuller, a merchant of that city. Th