The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-01-28

The task of rebutting the incrimnat-
ing charges against Alderman John p.
Kelly was continued before Commits
sioner ]. w. Carpenter, yesterday.
Bearing on the alleged fictitious case
of the commonwealth against Anthony
Choole, Deputy Constable Jacob New
man testified to having served the
papers in the case, and, also, that the
John Chase who testified that he did
not go bail in the case was not the
John Chase whose name appeared on
the bail piece.
Constable ]. w. Clarke testified to
having served the papers in the case of
the commonwealth against Peter
ChiCke and others, which was alleged
to be fictitious case.
In the matter of the alleged fictitious
cases of Payton Taylor against Andrew
Ponchiskis, Taylor testified that the
cases were in every way genuine.
John Kelly, sr., the prosecutor: j.
w. Clarke, constable. and Nicholas
Carlucci, bail. gave evidence tending to
straighten out the alleged crooked case
in which Matthew Redman was de-
fendant
One of the attacked transcripts had
~. Smith, of Scranton street" as
prosecutor. The prosecutor brought in
one ~. Smith. of Scranton street"
and he said he never instituted any
proceedings before Alderman Kelly.
Yesterday the defense tried to show by
James NJ. Sheffield, a Scranton street
hotelkeeper, that, at about the time of
the proceedings in question q "U.
Smith" boarded with him. Mr.. Shelf
field remembered that q man named
Smith, painter from Philadelphia,
boarded at his hotel. This man, the
defense claims, was the "U. Smith, Of
Scranton street" who prosecuted the
case in question.
one of TIE allegations of the prose-
cution was that in the case of the
commonwealth against Maggie Dimm-
Ter, Alderman Kelly charged on his
transcript for a hearing when no hear
ing was held.
The defense admits that the Dimmler
woman waived hearing and entered
bail, but AYERS that one of the wit.
nesses, who came to the office, an hour
in advance of the hearing, and who
| complained of being i'll, was allowed
to give her testimony without the
formality of facing the defendant
This hearing was the one charged VI
on the transcript. These facts were
brought out through Constable ]. w
| Clark.
| TESTIMONY IN CORROBORATION
Attorney George \. Beall who was
| counsel for Mrs. Dimmler, corroboratec
| Mr. Clark, to the extent of saying that
when he went to the alderman's Office
| to waive a hearing for his client, hC
! was told that some testimony had beer
! taken.
District Attorney John X. Jones ex
| planned how some of Alderman Kelly.
! transcripts, under the recently adopted
! rule Of court We're consolidated, OH,
| indictment, thereby, representing three
| or four transcripts.
Deputy Constable p. +. Ryan whC
| served as Alderman Kellys clerk, ex
| planned how in two or three instance!
| by an unwilling stroke of the pen h
charged up $3.50 instead of 30 cents FOL
| costs and the like Of that.
Deputy Clerk of the Courts Emf
Bonn testified that Alderman Kell,
had came to the clerks office to cor
| rect errors of this kind that he dis
covered after the transcripts had beer
| turned in, and that he had been deniet
| permission to make the corrections be
| cause alterations or amendments to
transcript can only be made on an or
| der of court.
| Adjournment was had until mex
Tuesday, when the defense expects Il
| close its case.