The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-06-12


going to assault him and having heard
that Allen was bad man and that he
had made threats against him, shot in
self-defense. Judge Edwards ruled that
this was no defense, inasmuch as fifty
feet separated the men at the time of
the shooting. Even IL Allen had been
squarely on Davis lot, the Judge said,
the shooting was wholly injusthable.
A man can defend his castle with a
gun against a felonious assault, but
not against a trespass, the Judge
stated.
The defense then devoted itself to
showing that there was no intent to
kill. The judge practically charged the
jury to find a verdict of aggravated
assault and battery.
MADE A POOR IMPRESSION.
Davis made poor impression on the
stand. He was extremely pugnacious
and insolert, and gave unmistakable
signs of being a quick-tempered and
reckless fellow. The Jury was out at
adjourning time.
The assault and battery cases of
Louis Weschinsky against Adam and
stephen Robbins; Joseph Knobery
against the two Robbins and Ike Scar
low, and a surety case from last weeks
list, in which Joseph Konecsny was de-
fendant and Stephen Robbins prose-
cutor, were tried in a bunch before
President Judge David Cameron, of
the Fourth district, who is specially
presiding in No. 3. The cases result
from a free fight in Jessup last Feb
ruary.
John Hall, of Priceburg, charged
with having criminally assaulted the
young daughter of William Hawkins,
did not appear when called and his
$1,000 bail was forfeited. He has
| skipped to Europe it is said. William
| Mason and John J. Morgan are his sur
| eties.
Gilbert Colborn, charged by County
| Detective Leyshon with adultery, and
| Verna Stanton Colborn. his alleged
| colleague in crime, were called for
trial but failed to respond. Lizzie
| Colborn, the first named defendants
| former wife, who is prosecuting the
| cases, was divorced last January. Her
| ex-busband and "Verna Stanton" se-
cured a marriage license last Friday.
| The sheriff was instructed to bring
| them in.
William Murray, the Archibald boy
on whose evidence George Gardner
was last week convicted of receiving
stolen goods, did not appear to an
swer the charge of having stolen the
brass which he claims he sold to
Gardner. Assistant District Attorney
Thomas evidenced a desire not to
prosecute him and had he been in
a verdict of acquittal likely would have
| been taken.
Neither defendant or prosecutor ap-
peared in the case in which Charles
Hertz is charged by Frank Becker
with larceny by bailee, and it was
put over. Some one volunteered the
information that the defendant was
the man who is running for sheriff.
Hes lucky he hasn't the sheriff run
ming for him." quoth the court.
FAILED TO APPEAR.
William Vaughan failed to appear
to answer the charge of larceny by
bailee, preferred by Vincent Carlucci,
and his bail was forfeited.
The five libel suits against Richard
Little and NJ. j. O'Toole, of the Scran-
tOnian, We're again continued at the
request of the defendants counsel
Richard Holgate and T. p. Duffy, and
against the vigorous protest of Joseph
! OBrien and T.. c. Newcomb, private
counsel for the prosecution in several
of the cases. Judge Archibald in al
lowing the continuance said it would
be the last time this request would
be granted. The defense must be
ready to go to trial at the October ses-
sions, he said.
Kate Garvey, of the North End
plead guilty before Judge Edwards OF
the charge of selling liquor without g
license, preferred by Ruth Llewellyn
The case was tried at the last tern
and the jury disagreed.
A mol pros was entered in the as
sault and battery case of Julia San
lowski against her husband, John San
lowski.
The case of Joseph Franz, charged
with robbery by Charles Mitchell, had
to be continued. owing to the consta
hle having arrested the wrong man
A brother of the real defendant, Johr
Frank, appeared at the defendant
table when the case was called fol
trial. The prosecutor upon seeing hin
declared he was not the right mar
and Judge Archibald directed that HI
be sent away.