The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1899-06-24

twice his proportions.
His mother is Mrs. Sarah Garvey,
who is extensively known to fame in
South Scranton. Yesterday she was
the prosecutrix in a case of assault
and battery against her neighbors,
Richard and Catherine Fleming, of Fig
street.
The parties had a fight one day last
April in which fists and stones were
freely used. Fleming, although a de-
fendant yesterday, seems to have fared
the worse in the melee. He was struck
on the forehead with a stone which
cut a big cash and fractured the skull
Several other reminders of the April
battle are to be found on his person.
The Garveys swore that the Flem-
ings were responsible for the trouble
and the latter as emphatically denied
the charge and held Mrs. Garvey
wholly the cause of the blood letting
and other exciting features of the day.
Both Mr.. and Mrs. Fleming swore
positively that Mrs. Garvey threw the
stone that hit Fleming in the forehead
and wounded him so previously. While
they were testifyng Mrs. Garveys
young son, Michael, was visibly eXcit-
ed. He went over to the common
wealth's table and had a whispered
conversation with District Attorney
John r. Jones and Attorney John r.
Murphy, who were conducting the
prosecution. He wanted permission to
go on the stand and testify and when
il was refused he began to cry. Fin
ally, to pacify him, he was allowed to
60 on the stand.
DRAMATIC WITNESS.
He stood up in the witness box and
with dramatic gestures exonerated his
mother from any responsibility for the
fracture of Fleming's skull.
I'm the one that did it," he said
'I hit Fleming with the stone. Why?
Cause he was trowin' the right and
left into me ma and she was hollering
for help. When I saw what he was
doin' I up with stone and split him
and knocked him down. Now they're
tryin' to swear it on me ma" and here
Michael broke down and began to sob,
but she didn't do 1t. If any one laid
him up it was me. He didn't know
who hit him"
In charging the jury Judge Edwards
said if he was a juror he would be-
lieve the boys frank statement. The
jury retired just before court ad-
journed and agreed upon a verdict in
a few moments. The verdict will be
reported this morning.
After court opened yesterday morn
ing the trial of the case of the COM
monwealth against Melvin Roney was
resumed before Judge Edwards. Roney
was charged with an attempt to GRIM
inally assault Miss Frances Wesser in
Roaring Brook township at els on the
night of March 16. The defense was
an alibi.
On the night in question Roney said
he worked on his fathers farm cut
ting props until s o'clock and then
started for his home in this city reach
ing there about midnight. He was
corrohorated as to the time he left the
farm by his father, Frank Roney, and
his fathers housekeeper, Barbara Rob-
inson. a number of witnesses were
sworn to prove Roney's good character.
The case was submitted upon the
charge of the court and the jury re-
tired before noon. A verdict had not
been returned up to the hour of ad-
journmeLt.
TUCKER AND MAXEY GUILTY.
When court opened yesterday morn
ing a verdict of guilty was reported
in the case of Evan J. Tucker, 7. j.
MaXey and NJ. p Jacobs, who are
charged with conspiracy by a. l..
Wright, of the Bohea Importing COM
pany of New York. Reasons for a new
trial We're at once filed by Attorneys
c. p. O'Malley and John f. Scragg,
Hho represent the convicted men.
1t is asserted that the verdict is
against the weight of the evidence and
that w. NJ. Hampton, while sitting as
Juror in the case and before the evil
dence was closed, expressed an opin-
ion as to the guilt of the defendants and
as to the disposition he would make
of the case to various persons.
1t is also set forth in the reasons
for new trial that the court erred
in not withdrawing a Juror and con-
tinuing the case when the attorney for
the commonwealth referred to the
testimony taken in bankruptcy pro-
ceedings, in which two of the defen-
dants We're the banllrupts. other al
legged errors on the part of the trial
judge were pointed out and portions
of his charge are excepted to- 1t is
contended that the court should have
directed the acquittal of the defen-
dants.
The case at the head of the list for
next week is the one against the men
who robbed the Mayfield power house
in March. They are now in the coun-
ty Jail awaiting trial. District Attor-
ney Jones yesterday had the case con-
tinued until the next term, on account
of the absence of material witnesses.
CASE AGAINST CITY OFFICIALS.
A nolle prosequi was entered yester-
day in the case against ex-Mayor
James j. O'Neil and the members Of
the select and common councils of Car
bondale, who were charged with MAIN
tanning a public nuisance on Sept. -,
1898, because they failed to keep GER
tain streets Of the city in proper con-
dition. Detective Mickey" Moran was
prosecutor. Mr.. ONeill is no longer
mayor of Carbondale, and, anyway, the
streets have been repaired.
A verdict of not guilty was ordered
by Judge Searle in the case. of Michael
Sharack, charged with embezzlement
by John f. Lukack. The prosecutor
was directed to pay the costs. Shar-
ack was charged with emblezzling the
funds of a Polish church of West
Scranton.
In the case against Stanislaus Phil
lipkowski, charged with malicious mis-
chief by Rosie Zolkowska a verdict
of not guilty and the prosecutrix was
directed to pay the costs. The defen-
dant was charged with breaking win
in Keyser Valley.
A s,t