The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-02-07

IL is more tnan nkeiy tndt Mlcnacl
kearney and John Mackey will escape
without even being tried for the das-
tardly crime with which they stand
accused-robbing and deserting on an
inclement night a fatally wounded VIC
tim of a runaway accident.
William Hunt, the victim, IL dying
at the Carbondale hospital. and, the
physicians say, can not live more than
couple of weeks. Without his testi-
mony it Is impossible TO secure a con-
viction, District Attorney Jones says,
and as there is no possibility of his
evidence being Forthcoming, the ac-
cused must needs be allowed to go Free
Tho district attorney suggested to
court yesterday, when the case was
called. that verdict of not guilty be
taken so as to get the ease off the list
but Judge Edwards thought best to
postpone this action until after Hunt
dies, and gave directions accordingly.
The defendants rights were protected
by allowing them to go on their own
reCogniZance.
Hunt, ii viii he remembered. was
found at daybreak one morning in
August last, lying at the foot Of an
embankment in a lonely place along
the main road leading from Archibald
10 Carbondale. lie had been visiting
at Archibald and started about 10
o'clock ut night to drive to his home
above Forest City. His horse became
frightened at IL passing car, and be-
coming unmanageabln. dashed over an
embankment, pilns horse, carriage and
driver in heap at the bottom.
nd
rendered helpless Thus he lay for
hours within reach Of the horses hoofs
and was repeatedly stepped upon and
kicked. \ cold rain set ~ along to-
wards morning and added 10 his other
miseries.
STORY lie TOLD.
When he was succorcd at daybreak
he was lying some distance from the
horse and carriage with his head rest
ing on the carriage cushion. He told
his rescuers that two men had come
along during the night and after drag
ging him out of reach of the horses
hoofs and placing the cushion under
his head, robbed him OF all his money.
Inquiry was set afoot at once and
the next day kearney. Mackcy and an
other youth were arrested for the
crime. They had been drinking in a
nearby saloon and started for home
about midnight. Later. Mackey and
kearney returned to the saloon and
were quite flusn with money. This and
some remarks they We're reported to
have let drop concerning a drunken
man lying by the roadside. led to their
being held for the crime. They admit
they found Hunt and placed him out
of danger Of the horses hoOfs. aft az
which they fixed him comfortably on
the cushion and left lin II slccp off
his drunk, as they supposed. They
did not know he was injured. they say.
and positively deny that they robbed
him.
At least two acluital vordicts re-
turned yesterday did not meet with
favor from Judge Edwards. When
Sam Smith, the colored man accused
of stealing David FuhIman's bicycle.
was returned not guilty, the Judge said
with emphasis that the verdict should
have been the other way. Frank
LamOtCauN, a junk dealer of Carbon
dale who was accused of recciyinS
stolen brass from small boys who stole
it from the Delaware and Hudson
shops, was acquitted in the face Of
undisputcd testimony that the ar
ticles bearing the company's stamp
were found on his premises, and the
statements of three boys that Lamor-
eaux bought the goods from them.
I.AMOREAU DEFENSE.
His defense was that he did not buy
the articles and did not know they
al n hic ,,lo
Crippen unearthed them. Judge Ed
wards, in dsmissng him. advised hin
to be more careful in the future about
what he bought and whom he bought
it from.
The charge Of robbery preferred by
Michael Caine against Patrick Casey
was not passed upon, it being shown
that the defendant is with the army
in the Philippines.
Michael Obitahan was returned
guilty of assault and battery on Rev.
Joseph Simon, the Syrian priest. and
sentenced by Judge Mcclure to pay u
SO fine and costs.
verdict of not guilty was directed
by Judge Mcclure in the case of ma
licious mischief preferred by Charles
u. Powell, division superintendent Of
the scranton Railway company.
against Contractor \. II. Coons. The
latter. while eXcavating the. South Sida
sewer piled dirt on the company's
tracks and left it there for an un-
reasonable length of time. When he
refused to move it the company had
him arrested Judge Mcclure ruled
that the act under which the indict-