The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-01-31

time.
Judge H. NJ. Edwards said he did
not consider the absence of Mr.. Lena
han good ground ~ which t. ask
for a continuance. but that he would
allow the case to go over because or
tho appeal to the Superior court. Nr.
lIolratc also filed the following mo-
tion to uuash the Indictment in the
case but it was refused:
MOTION TO CTASH.
Now, January 30, 1870, the defendant
moves to uunsh the indictment and AS
signs the following reasons:
Flrst-f5ecatlso it does not charge an
indictable offcnsc.
Secund-Becauso 1t charges II diitcro mt
offensc from that alleged in the nformd-
ton upon which the defendants We're
bound over to answer at this court in
t.s that the said information charges
no offcnsc known to the law
Attorneys Holcate and Smith also
moved to have the other libel cases
against Little and O'Toolc continued
and no opposition being offered they
went over until the next term. They
are the cases in which Jacob Fllman,
John r. Kelly, Joseph Cross and John
Kelly ere prosecutors.
Toncy Setting was tried before
judge Edwards fot feonously
wounding Owen Sweeney. Both men
reside at olyrhant and Sweeney al
lrgcs that one night az he was ON his
way homo about II O'Clock he had oc-
casion to pass near the house of Set
ting. when hr was alarmed by !; null
l"t passing close to him. In anoth"r
instant i bullet lodged ia his arm. Set
ting was arrested AMI at d hearing;
before the justice of the peace admit
ted having fired the shots.
In his defense Yesterday he sal
that he was awakened by Il noise of
some one trying to break into his
house and when he went dawn he saw
a man running away. He called tn
him to stop and when he refused he
shot. The jury retired at :; o'clock 10
to deliberate on he ca@".
SAVED HER HUSBAND.
stephen Mahey was arraignod Cor
! frlonIously woundnr his wife 10y
shooting h"r in the leg. Mrs. Mabry
| w"nI on tn" stand and sWore that h.l
| husband had no intention of shootin.l
! her and that il was entirely acciden-
tai. The bullet inflicted only ii flesh
wound. The verdict was not guilty
Mabey is now at the Hillside home.
When William =. May was arraigncd
/ 10 answer Il charge of kicking in III,
! door of his house, preferred by his
wife, Mary May. the point was raised
| that Mrs. May could not testify
against her husband ana Il verdict OF
| not guilty was taken. The Mays liv,
1T Providence and are the parties t.
the unsav0ry habcas coruLs proceed.
/ ings recently before the court. Tnrr
! is ease of criminal assault agains,
May on next weeks list.
B. \. Fox, the birdman, did not ap
pear to prosecute Walter II. Sweet an
Arthur Il. Sweet for assault and BAT
terry and verdict of I.ut guilty was
takeE and the ccsts placed on tn,
/ prosecutor.
| The jury in the case of Richard Sive.
| ly, who was tried for committing ar
aggravated assault and battery or
Andrew Maxim in the Connell min
at Duryca on October 49, came int.
court yesterday morning with II Yer.
diet which found Sively guilty of as
sault. Judge Archibald said he did no
| consider that propcr verdict und II
the circumstances and sent the iur,
out TO recast its verdict. 1t was un
able to reach any different agreemen
| ana later in the day was discharged
from further consideration Of the case
In the case of W. 4. Smythe, tried
for assaulting ana batterinc Guthr!,
Smythe, th" verdict was not guilty anC
III" defendant was directed to pay IN,
| costs.