The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-02-01

Carbondale's lascivlous picture case
| fell through yesterday afternoon and
| the morbid throng which packed the
main court room to the doors dissolved
| in disappointment. McMullen' gave
| Miss Tappan the vindication she
| sought by publicly declaring that the
photograph did not represent her and
| then pleaded guilty of displaying an
| obscene picture and was fined S25 and
| costs.
McMullen, when brought in by Depu-
| ty Sheriff Ryan, did not appear to be
| the invalid the court was asked to be-
| lieve he was when plea for contin-
| uance of the case was made the day
| before, and the general impression pre-
| vailed that Judge Archibald did not
| make q bad guess in taking 1t for
! granted that no great harm would
| come of taking McMullen out Of his
sick bed and bringing him into court.
After Miss Tappan had caused gen.
eral 'rubbering" by responding to her
name and taking a seat at the prosecu-
tors table, Mr.. Scragg, attorney for
| McMullen again moved to continue the
case on the ground that he had not
| been able to prepare a defense, owing
to the illness of his client and the fact
that the bill of indictment contained
so many counts that no satisfactory de-
| fense could be prepared without bill
| of particulars, for which he proposed
to ask. District Attorney Jones re-
moved the cause of the latter COM
| plant by electing to proceed on the
last two counts of the indictment,
which charged, in substance, having
possession of and exhibiting obscene
pictures. Judge Archibald thereupon
directed the trial to proceed.
SAW HIM EXHIBIT IT.
Several witnesses told of having seen
the picture in McMullen's possession,
and one of them, William McDonough,
swore that McMullen exhibited it to
him as a picture of Lizzie May"
meaning Miss Tappan, as he took it.
The noon recess came at this juno
ture and when the case was resumed
at o'clock p. m. Mr.. Scragg announced
that his client would plead guilty.
Miss Tappan simply wants a vindi-
cation" Mr.. Scragg went on 10 say
land my client affirms that it is not her
picture. think she Is much prettier
than the picture. McMullen says that
the photographer who gave him the pic
| lulG LOlu MIN II was ldhGH III NGN
York state three or four years ago."
To this Judge Archibald said "If
there was any evidence that the de-
fendant exhibited it for the purpose Of
throwing any slight on the prosecut-
triX, 1 would be inclined to visit him
with serious sentence, but as it was
simply shown around as an obscene pic
ture without any suggestion or effort
| nf haf tn s,,I. l.,
entirely met by simply fine without
Imprisonment" He then imposed a
fine of $25 and costs. McMullen paid
the fine and forthwith plead insolvency
and put the costs on the county.
William Mooney alias Moore, and
Ernest Hope, who were tried for bur-
glarizing Handley and McLoughln's
shoe store on Nov. 8 last and T. r.
Bowen's hardware store, a week later,
We're sent to the penitentiary, Mooney
for three years and nine months, and
Hope for two years and six months.
Mooney was found guilty in the Hand
ley and Mclaughlin case, but was ac-
quilted in the other. Hope, who ap-
peared at the trial wearing the pair of
shoes stolen from Handley and Nc
Loughlin's place, plead guilty of re-
in the other was returned guilty of
burglary.
MONEYS RECORD.
Mooney served six months in the
county Jail for burglarizing A. b. CO.
hens house in 1892; two years and six
months in the Eastern penitentiary for
robbing p. H. Days store and one year
and six months in the penitentiary for
breaking into A.. B. Frear's store. Hope
was tried, but acquitted of burglary at
an 1898 session.
William O'Brien. who was captured
coming out of A. c. Nettleton's shoe
store in the Commonwealth building
after having broken in and helped him
self to a pair of shoes, plead guilty and
was sentenced by Judge Archibald to
six months in the county Jail. The
fact that O'Brien took only one pair
Of shoes and his statement that he only
committed the deed because his feet
were on the ground" moved the court
to doubt if he was a bold bad burglar
and resulted in his getting light SEN
tence.
Thomas Sayres, the soldier boy.
charged with stealing a gold watch
from the residence of John II. Jones'
on Harrison avenue, was found guilty
of receiving stolen goods. The jury
recommended that the maximum pen
atty be imposed, but when they learn
ed that this was three years in the
penitentiary and $500 fine, they did
not insist on the court adopting their
, recommendation. Judge Archibald was
at first inclined to give him year and