The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-22
JUDGE SMITH
ON The BENCH
HIS FIRST APPEARANCE IN
OVER A YEAR.
Has Been Seriously Ill but Now
Seems to Be Very Much Imprived.
Dunleavy Case Was Argued by At
torney M. J. Martin and ex-Dis-
trict Attorney John r. Jones.
Seeking to ouash the Appeal in
the Spellman and Jones Case
Against the City.

Judge 7. p. Smith made his appear
ance on the Superior court bench at
yesterdays session i'm this city, after
an absence of over year on account
of Illness. He looked as If he had
about won his way back to health.
but his voice Is not as strong as II
was.
The first case taken up was that of
the commonwealth against Morgan II.
Howells, an appeal by Howells from
n decision of the quarter sessions of
Luzerne county. Howells was indicted
for initiating the labels of Il drug
manufacturing company. He sought
to have the indictment quashed. but
the court of Luzerne refused to do this
and an appeal was taken to ;he Su-
perior court. Attorney John NJ Gar
man argued the case for Howell ana
NJ. J. Mulhall, late assistant district
attorney of LuZerne, for the common
wealth.
The case of the greatest local IN
terest argued was the appeal of A. L.
Dunleavey from the recent sentence
by Judge II. w. Archibald for selling
liquor without license. Dunleavy
was convicted before Judge Love, of
Bellefonte. at the October session of
Love suspended sentence upon pay
ment of costs, but at the December
session Dunleavy was called before
Judge Archibald and sentenced to three
months imprisonment in the county
Jail and a fine of $500. From this ac-
tion an appeal was taken 10 the Su-
perior court.
MARTINS ARGUMENT.
1t was contended at the argument
yesterday by Attorney NJ. J. Martin.
who appeared for Dunleavey. that the
action of Judge Archibald should be
reversed for two reasons:
"First-He was not the judge who
presided over the trial which resulted
in the conviction of the defendant and
therefore could not sentence man
who was not tried before him.
"Second-The trial judge before
whom the defendant was tried and
during the term at which he was tried
having directed him to pay the costs
and thereupon the sentence be nde-
tinitely suspended. we contend there
was no authority in the president
judge at a subsequent term of court to
call the defendant in and impose diff
ferent and more severe sentence upon
him."
In reply, eX-District Attorney John
II. Jones, who appeared for the COM
monwealth. said he thought both OF
these contentious radically unsound
and that neither of them was sus-
tanned by the authorities quoted. lie
thought the whole argument in be-
half of Dunleavy based on false
premises. Other cases argued were:
Thn Of ,,;,
to use of j. Il. Briggs, guardian. APP
pellant vs.. Webster Remaley, r. NJ
Tubbs, ct al; appeal and cert. c. p
Luzerne county. Alexander Farnhanl
for appellant. j. J. Creveling for APP
pellee.
Mary O. Knobles, Hilda Mobiles vii.
liams. appellants, against John C
Piollet and others. commissioners OF
roads. WysoX township; appeal from
the common pleas of Bradford county
j. c. lngham for appellant. |. Me-
Pherson for appellee.
THE AYERS CASE.
Commonwealth against BENJAMIN
Ayers, appellant, appeal from common
pleas of Bradford county. ]. McPher.
son for appellant and i. Overton fol-
appellee.
A mol pros was entered in the case OF
Clara Curtin against Il. c. Cortright
sheriff, appellant, appeal from the com.
mon pleas of Wayne county.
Major Everett Warren asked the
court to hear arguments on a motion
to quash the appeal taken by Mayor
James Moir for the city in the case OF
Lieutenant Spellman and Patrolman /
+. Jones, who are suing the city foi
their salary. Mr.. Warren contend,
that the mayor had no authority t(
enter an appeal in the case and it wa.
taken purely for the purpose of tieinl
the case up for a year. The court vii
hear arguments on the motion to quasi
when the regular list has been heard
The court will probably dispose of al
the cases to come before it on Wed
nesday and will then hand down
batch Of opinions.