The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-10-12

a large number OF frlends ana nefgn-
bors, they were celebrating the day.
Stones, clubs, ETC., were sometimes
used and the prosecutor testified that
one of these stones Was thrown at
him by the defendant, that 1t struck
him, and on that account he had the
defendant arrested. The costs were
divided between the prosecutor and
defendant.
Thomas Nolan was tried for assault
and battery preferred against him by
Mrs. Maggie O'Boyle. The trouble oc-
Cured over on Meridian street on May
s. and was occasioned by dispute
over the ownership of a lounge. which
the prosecutrix asserted she had left
in Mrs. Nolan's house when moving
thcrefrom. According to the rrosecu-
trlx the defendant pushed her, pulled
her hair, knocked her down and bit
her finger severely. The defendant
stated that he was out Of town on
May s. and did not return until the
Goth of that month. He did say. how
ever, that he had trouble with the
prosecutrix in the early part OF June;
that he refused to allow her to take
the lounge, whereupon she struck him.
but he did not retaliate. The jury re-
turned n verdict of not guilty, but
divided the costs.
VERDICT NOT GUILTY.
A malicious mischief case against
Francis Hagen, Mark Duffy. Martin
Golden and Thomas Conner was next
called. The defendants live at Carbon
dale and according to the prosecution,
on the night of July 2, while out on
81 III A.,s, 4, .14n rs<HvV
an ice house in possession of the pros
ecutor for the purpose of building
fire. 1t was claimed that the ice house
was practically destroyed.
The defendants asserted that the
building was simply worthless old
shed. At the conclusion of the COM
monwealth's case, Senator Mcdonald.
representing the defense, moved to
have the case taken from considera-
tion of the jury on the ground that
the evidence did not disclose the Of
fense charged in the Indictment, and
further that the only charge that was
made out. If any, was that of lar
ceny. as provided by act of assembly.
The court decided to hear the whole
story and submitted the case to the
jury, which returned a verdict of not
guilty hut directed that the costs be
divided between the defendants and
the prosecutor
Four young boys, Robert Hand, Bert
Williams, Garfield Williams and John
Jones, were then tried on the charge
of statutory burglary for stealing a
quantity of lead, brass and copper
from Hughes Bros foundry, on Main
avenue, in June last. Attorneys Her.
bert L. Taylor and Frank NJ. Lynch
were counsel for the defendants.
Sydney r. Hughes. one of the firm
of Hughes Bros, testified to his dis
covery of the loss of the articles and
to the evidence Of an entry into the
foundry having been made through
the roof. IIe also said that he found
the goods afterwards at Porter Bros.
junk shop on Ninth street, where,
! as he said. the boys admitted they had
sold them. Officer Block, Chief Rob-
| ling and Alderman Howe testified to
admission made by defendants, Rob-
| ert Hand and one of the Williams
! boys at the hearing at Alderman
Howe's Office as to their connection
| with the offense. That the Hand boy
| admitted going into the building
| through the roof, getting the goods
with the assistance of the Jones boy
and afterwards in company with all
the other boys taking it in a bag to
Porter Bros place at 10 o'clock at
night.
| After the commonwealth had rested
its case counsel for defense stated that
as to Robert Hand the plea of not
guilty was withdrawn and defendant
plead guilty. The case then proceeded
as to the other defendants who denied
having taken the goods from the foun-
dry. They stated that they went with
Robert Hand and assisted him in talk
ing it to Porter Eros, but that they
did not know that it was stolen. The
case will go to the jury this morning.