The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-04-20
FIRST BLOOD FOR
THE LEXOW VICTIMS
MITCHELL, sEIDMAN AND
woELKERs ExoNERATED.
Commonwealth Utterly Failed to
to Make Out a Case Against Them
and a Verdict Of Not Guilty Was
Directed-H. c. Pease, owner Of
Slot Machines, on Trial-euilhot
and Merlier Reiterate Their Story
Before Judge Kelly.

Through some misadventure. not at
present made clear, the last grand
jury found indictments against Detec-
tive Ike Seidman, Constable Ira Nit
chell and Constable Joseph Woelkers,
charging them with larceny and receiv-
ing. The allegation was that they IL
legally carried away four slot ma
chimes and distracted therefrom the
nickels they contained. Justice, how
veer. has prevailed, the mistake shown
up, and the defendants cquitted.
This all happened yesterday after
noon before Judge Swartz in the su-
perior court room. The story, as the
grand jury had it, was to the effect
that the three officers, in September
last visited the hotels of P. F. Dur
kin, Frank Callahan and Joseph Cas-
sesse, Of Lackawanna avenue, and
Edward Horn, of Franklin avenue.
took away a slot machine from each
place, carried them to Mitchells din
ing room, kept them there for three
or four days, and that when they
were returned they were devoid of
whatever they had contained in the
way of coin.
The stories Of the witness, however,
did not bear out the misdemeanor
charged. Mr.. DurlSin said they came
to his Grand Central hotel and they
said they were there to confiscate the
slot machines. Seidman drew an Off
cial looking paper from his pocket and
started to read it, but was interrupted
by Mr.. Durkin with, Never mind any
otsY.ot - Job ~ N
to. don't care" Mr.. Durkin did not
know whether or not there was any
money in the machine at the time and
was not about when the mahcine was
returned four days later. so could not
tell who brought 1t back.
CALLAHAN'S TESTIMONY.
Frank Callahan testified that the ma
chine that was in his place was taken
away by Seidman. Woelkers and some
other man he did not know. Seidman
offered to read a warrant, but Gala
han told him he didn't care to hear
it and bade him take the machine IL
he cared to. He supposed 1t contained
some nickels, but could not say posi-
lively that 1t did. He was away from
the place when the machine was re-
turned. 1t had a different look on 1t,
but further than that It was just the
same as when it was taken away, as
far as he knew.
Joseph Cassesse testified that the
there officers came to his place and
announced that they were about to
confiscate the slot machine in his bar
room. Seidman offered to read IA war
rant but Cassesse said he didn't care
to hear it, and addressing his barten-
der, said, go ahead, and let them
take it," Four or five days later it
was returned, but he happened to be
away at the time and could not tes-
tify as to who brought it back. He did
not know positively that there was
any money in it when it was taken
away.
The witness was asked If there war
any money in the machine when 1t
came back, but the court ruled the
question out on the ground that the
defendants were not charged with
loading the machine up with money
before allowing it to be returned.
HORN DID NOT KNOW.
+. j. Horn could not tell who took
the machine away as he was not in
his saloon at the time. His barten-
der, John Keagen, however, testified
that Mitchell, Woelkers and some
third man, unknown to him, were the
parties who took the machine. Some
one of them announced that they had
warrant for the arrest of the ma
chine and inquired for Mr.. Horn, that
| they might read it to him. When
they learned he was not in. they took
| the machine away.
p. f. Callahan and Frank Agli were
| called by the commonwealth but did
not respond. Then the commonwealth
| rested.
The defense at once moved for bind
ing instructions on the ground that
no larceny had been shown. Address
ing Assistant District Attorney Soper
and County Detective Leyshon, the
prosecutor, Judge Swartz said: "Un-
| less you can do better than that, we
can't help you out. These defendants
have not been shown to be guilty OF
any crime. These were gambling ma
chimes and from the evidence adduced
here they confiscated them as they had
a right to do" Then he directed the
jury to find verdict of not guilty.
There is some chance for, innocent
men, after ALL" remarked Mr.. Scragg
as he turned to tell the defendants
they were free to go. The defendants
attorneys We're John F. Scragg, JOSEPH
O'Brien, Ralph L, Levy and r. ]. Muir
ray.
The Pease Cases.
Messrs. OBrien and Scragg sue.
ceeded in having the seven cases
against II. c. Pease called next befor,
Judge Swartz. He was indicted as 6
result of the LeXow for maintaining
slot machines at seven different
saloons. Judge Archibald hesitatet
somewhat before consenting to havins
the cases called for court room No.
as he thought they ought to be tried
before some local judge. you know
there might be a motion for a new
trial." he explained. After some argu
ment ii was decided to proceed witt
the four cases set down for yesterday
and if the witnesses can be gottel
around, include the three cases whicl
were down for last Thursday and hat
to be put over With this understand
ing, the jury was sworn in all sever
| cases.
The jury was selected with the great
est care. 1t is made up as follows:
Thomas Collins, laborer, Scranton.
John ]. Morgan, miner, Scranton.
william Petherick, miner, Scranton.
j. ID. Kaufman, conductor, Scranton.
David S. Thomas, mason, Scranton.
Richard Roberts, miner, Scranton.