The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-04-21

lIOli ldyHidl point Ol view, anu
Messrs. Scragg and O'Brien, counsel
for defendant, shared this view to such
an extent that they declined to put in
any testimony, and fought strenuously
for binding instructions in favor of the
defendant Judge Swartz, however.
would not allow their motion, saying
enough had been shown TO warrant the
case being given to the jury.
Just what that sufficiency was did
not appear till the judge got we'll into
his charge. Only one witness of all
those that the grand jury had advised
the district attorneys office to call,
knew anything connecting Pease in
any way with the slot machines. This
was William Curtis.
He was an unwilling witness, but
by persistent corkscrewing Mr.. Soper
succeeded in getting him to admit that
the three machines which he placed,
respectively, in Twiss' hotel, the Dewey
house and Fish's hotel, had been pur-
chased of Pease. On Cross-examina-
tion 1t was brought out that Pease was
not informed as to what was to be
done with the machines, and had no
knowledge that they were to be set up
in this county, or for that matter, in
any other county. He sold them out
right and did not share in their prof
it's.
Mr.. Scragg, in closing for the de-
fense, contended that the most the jury
could do was to guess Pease guilty.
He claimed the commonwealth had ut
terly failed to make out a case.
JUDGES CHARGE.
Judge Swartz indicated that he was
not strongly impressed with the effort
of the commonwealth by taking from
the consideration of the jury every
thing except the first count in the in
dictment in three of the seven cases,
those in which the Fish, Twiss and
Dewey hotel machines figured.
Peace was culpable in these in
stances, the court contended, in that
he had cause to know that the three
machines sold to Curtis would be used
for gambling purposes. Curtis lived
within block of Pease, the court went
on to say, the two men We're well ac-
quainted, and Curtis, according to his
own testimony, was at Pease's place
on number of occasions, sometimes
to have repairs made to machines
Knowing Curtis business, as he pre-
sumably did, Pease, in selling him
gambling machines, was guilty of aid
ing, assisting or encoura ging" the set
ting up of gaming device, and con-
seuucntly violated a provision of the
statute. The jury was out at adjourn
ment.
The cases against f. A. Knight and
Harry Oblinger, charged with keeping
gaming houses; Martin Clark, charged
with conspiracy to compound a misde
meanor, end Constable Joseph Woelk-
ers, charged with misdameanor in Of
flee, were put over to the next term.
Grand jurors who participated in the
I.eXow are complaining of the manner
in which the prosecution of their in
dictments are being carried on. In
last nights Truth in his report of the
cases against Mitchell, Woelkers and
Seidman, Il. T. Squier, the court re-
porter of that paper, who was a men,
Der Of the Lexow jury, said, among
other thirgs:
A COMMENT.
Frank Agli, a witness who swore
before the grand jury that he saw the
machines opened up in q room in the
rear of Constable Mitcheli's dining
rooms on Washington avenue, and the
nickn!s divided up into three portions
on a table and then shared in equal
parts 10y the three defendants, was not
subpocnacG by the commonwealth at
all, Toward the close OF the trial yes
tcrday afternoon he was called by the
comm onWealth, but not having been
subpoenaod he was consequently not
present. SO Judge SwartZ instructed
the jury to return a verdict Of not
guilty"
Jean Cuilhot and Francis Merlier,
the Young Frenchmen tried for felon-
iously wounding Officers Keyes and
| Snyder, OF Dunmore, were returned
| guilty yesterday morning. The jury
recommended mercy. Judge Archibald
will sentence them today.
Two Of a number OF criminal cases,
with byron Sirnrell and John Ollen-
| dyke. of Brown Hollow, as parties,
which figure extensively in the make
up of recent criminal trial lists, We're
heard together before Judge Archibald
| yesterday morning.
Simrell charged Ollendyke with as
sault ana battery and Ollendyke charg-
ed Smrcll with larceny. Simrell al
| leges that on Nov. IS, last, Ollcndyke
| pOuncod upon him, beat him with a
| horse whip and kicked him, and when
he took an inventory of his person he
| found his jaw bone and one rib broken,
To this Ollendyke said that he had
heard Smrell had circulated deroga-
tory reports about Mrs. Ollendyke, and
that whHn he called upon Simrell to
| demand an explanation Simrell attack
| ed him, and to defend himself he re-
| turned the assault.
LARCENY CASE.
The larceny case consisted in an al.
legation that Simrcll had stolen coal
and chickens from Ollendyke at vari-
Gus times. Simrell denied this.
! The jury found verdict of not guilty
in the larceny case and reported a dis
agreement in The assault and battery
case. Judge Archibald told them they
would have to agree and added, thai
to his mind, there was no question bu
that an assault had been committed
The jury retired again, and after a
short time returned a verdict in ac'
cordarcc with the courts opinion.
The felonious wounding case against
| Thomas Marshall was settled before
Judge Archibald. Marshall stabbed his
neighbor William Phillips, at No. 4
near Carbondale. and for two months
Phillips life was despaired of. Nc
provocation was given for the assault
1t was represented to court yester,
day that Phillips did not wish to prose,
! cute the case and Judge Archibald al