The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-04-19

rell Sent Up for Year for Horse
stealing-Busy Day with the Three
Judges in Criminal Court.
The bribery case against eN-Select
Councilman Simon Thomas, the perjury
case against Harry c. Hatton, ex-sec-
retary to Recorder Moir and the Mi
nooka election cases yesterday went
over to the next term, owing to the fact
that Attorney II. G.. Newcomb. who is
in each case, has not yet recovered
from the aflliction to his eyes. which
has kept him out Of court for a. week.
The illness of T.. B. Sturges. Of counsel
for the Municipal league. was also ad-
vanced as reason for postponing the
Thomas and Hatton cases.
Byron Simrell, of Scott, was found
guilty of stealing a. black mare from
Mrs Caroline Davenport, and sentenced
by Judge Swartz to pay q fine of $40
and spend year in the county Jail
The mare disappeared from the prem
ises of the prosecutrX in May, 1900, and
some weeks later was located in Sim
rell's barn. The latter claimed he
bought the animal from a. Mr.. Epp-
stein, of Green Ridge but the jury did
not believe him.
Thomas Burke, of Petersburg, was
tried before Judge SwartS on the
charge Of being the father of Lena
Hartmann's child. He admitted he had
been intimate with the prosecutrix. but
that this was more than year prior
to the birth of the child. He denied
that he had ever made Il promise to
marry her, and tried to show that she
was after the wrong man. The jury
was out at adiourning time.
OREIN ESCAPED.
Andrew Orbin, of Old Forge. who
was arraigned on a similar charge.
preferred by Tacllla Opista, did not
have to admit or deny the allegations
of the prosecutriX. Her own testimony
showed that the offense was committed
three years ago, and that the defend
ant has been about Old Forge all this
time. Judge Swartz ruled that the
statute of limitation barred the prose-
cution. and directed a. verdict of not
guilty.
Christian Ashman, of Olyphant, was
charged before Judge Kelly with carry
Ing concealed weapons. Constable Ben
jamin Harris. the prosecutor. told that
when he went to arrest Ashman, last
February. for assault and battery, he
found him with a revolver in his over
coat pocket. Ashman explained to the
court and jury that. he found the re-
voiver lying on the floor of his sons
bedroom, and not wishing to have it
lying around where the children might
get at it, he thrust it in his overcoat
pocket, intending to put it away. When
he came down stairs the constable was
waiting for him, and thus it was that
the revolver happened to Cbe on his per-
son. The jury thought this wasn't n
half bad story, even if it shouldn't be
true. and brought in a verdict of not
guilty, county to pay the costs. j. j.
O'Malley was attorney for the defense.
Winifred Reap, who was charged by
the Municipal league with keeping Il
speakeasy at the corner of Larch street
and Jefferson avenue, plead guilty.
Agent Wilson was requested by Judge
Edwards to make a statement of the
circumstances in the case which he
did, much to the chagrin of the de-
fendant, who was expecting to be let
off under suspension of sentence. She
was remandtd until Saturday for sem
tence.
ROSENFELD NOT GUILTY.
A. verdict of not guilty was directed
in the case of Bernard Rosenteld, of
Dickson. charged by Constable Reese
s. Davies with selling liquor on sun
day. II was shown to the satisfaction
OF the commonwealth that Rosenfeld
had sold the saloon to another long be-
fore the time of the bringing of the
prosecution. The return in the case
was made by the constable on evidence
furnished by detectives of the Munich
pal league.
Charles Naproskoslli did not have es-
sential witnesses on hand to substanti-
ate the charge of perjury brought by
him against Jacob Chenoski, and a ver-
dict of not guilty was directed. The
county is to pay the costs. Chenoski
was alleged to have sworn falsely at
q hearing in a board bill case before
Squire Thompson. of Moosic.
Edward Mcclure and Miles Ross.
charged With breaking into a barn and
stealing dogs, We're found guilty, but
recommended to mercy.
Garrett Harvey, charged with fraud
uent voting. was found guilty, and
sentenced to q fine of $40 and sixty
days in the county Jail.
Nerdicts of not guilty We're returned
in the assault and battery cases against
Henry Pierce and S. 4. Gilby. the lar
ceny and receiving case against GiIby
and the forcible entry and detaner
case against Pierce. The county was
directed 10 pay the costs in the assault
and battery cases, and in the forcible
entry case the prosecutor, James Cooper,
was directed to pay the costs.
WYATT NOT GUILTY.
III. u. Wyatt was returned not guilty
of assault and battery on his Wife,
but the jury directed he pay the costs.
S. d. Musser, charged with larceny
by bailee by Emily Rule. is on trial
before Judge Swartl. The prosecution
alleges that Musser took a piano away
from the house ana sold 1t, The de-
fense is that she bought the plano
from him and failing to keep up the
payments he took tt away, as per
agreement
William j, Evans pleaded guilty of
maintaining slot machine at his
hotel in Olyphant, and was sentenced
to pay a fine of SO and costs.
4 jury went out from Judge Ed
wards court just before adjournment
to pass upon the :aSe of NJ. Obeno-
wage, Of Scranton, charged by Peter
Wolcoskie. of Greenwood. With oh
tairing money by false pretenses. VOL
coskie alleged that Obonovage sold
him four geese which belonged TO
Mrs. Smith, of Ninooki. Mrs. Smith
claimed the geese and recovered Them