The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-12-06
JUROR SHOWED
HIS PLEASURE
JOHN woELKERs APpLAuDED
ATTORNEY o'BR1EN.
Liked One of the Latter's Sallies
and Clapped His Hands Though
He Was One of the Jurors Sworn
to Try the Man Mr.. o'Brien Was
Engaged in Defending-Thomas
Burke, of Dunmore, Being Tried oil
a Serious Charge--verdicts Rem
dered Yesterday.

Jul hS, VI 1uuulOles pSlHS OIL
a Serious Charge--verdicts Rem
dered Yesterday.
John Woelkers. of South Scranton, is
an enthusiast and sometimes he gives
evidence Of his enthusiasm at inoppor-
tune times. He was one of the Jurors
summoned yesterday in the case of t1,e
commonwealth against Morris Posner.
charged with the theft of ~ tub of but
Ter from John II. Porter's store, on
lower Lackawanna avenue. OBren &
Martin were defending the accused. and
during the offering of the evidence for
the commonwealth several clashes took
place between Mr. O'Brien and Assist
ant District Attorney W. Gaylord
Thomas.
Mr.. Woelkers enjoyed this sparring,
and when Mr.. O'Brien got in what
Woelkers conceived to be a real clever
verbal blow at Mr.. Thomas. Woelkers
face was wreathed in smiles and he
Clapped his hands enthusiastically.
THAT was II good one" he said
Codding approvingly to Mr.. O'Brien.
Fortunately for Juror Woelkers, Judge
Ferris was examining some papers be-
IDIt MN at lne Time ana the incident
Nas not called to his attention.
It was the second trial of Posner on
the same offence. He was convicted ut
the previous trial. but IL new trial was
subsequently granted. The commons
wealth was unable to make out IL COM
plete case yesterday. and by direction
of Judge Ferris a verdict of not guilty
was taken.
SHARACK ON TRIAL.
Michael Sharack. a prominent hotel
man of Maytield. was tried for selling
liquor without Il license in the Third
ward of Archibald. Constable Michael
Moran, of Carbondale. was the prose-
cutor. Frank Moulter and Agents
keene and Kupthinsky. of the Munich
pal league, testified that they bought
1ntoXicants from Sharack in the place
a license was granted for the house in
the name of Matte Sharack last
spring. but was not taken out. Shar-
ack's defense was that the place was
run by his cousin, Matte Sharack who
somewhat resembles him. and that he
the accusedD had no interest in it and
never sold anything in it. The Jury
went out on the case just before ad-
journing.
Andrew Zalewski who runs a store
on Lincoln street in Priceburg, and his
two sons, Frank and Andrew Zalewski,
were tried for committing an assault
and battery on l.. Pribershefski. The
trouble grew out of the prosecutor
throwing stone at the defendants
uog, which barked at him. Priber-
shefski was badly used before the
trouble subsided The elder Ialewski
was acquitted and his two sons found
guilty.
A verdict of not guilty was taken in
che case of T.. Simonson, of Roaring
Brook, charged with selling liquor
without Il license and on Sunday.
County Detective w. A. Phillips was
;le prosecutor. The evidence was not
sufficient to make out a case.
Patrick Maxwell was indicted for
committing an assault and battery on
Laura Norton. but they have settled
their differences, and a mol pros was
entered upon payment of the costs. 4
verdict of not guilty was taken in the
case Of c. r. Grove, charged with de-
hauding boarding house keeper; Han
nah Hunt, prosecutrX.
THE COSTS DIVIDED.
Harry Stefano, who was tried We'd
nesday on charge of assault and bat
terry, was yesterday returned not guilty
and the costs divided between him and
the prosecutor. Thomas Durkin.
a mol pros, on payment of costs. was
entered il. the case of j. w. Kirby.
charged by Clark A. Ridgway with the
illegal use OF milk cans. John White,
who pleaded guilty Wednesday To n
charge of larceny and receiving, was
sentenced to pay a fine of 81, costs. re-
store stolen goods and spend three
months in the county Jail.
Michael Ruffell, who was tried Wed
ncsday for attempting to burglarize the
store of Lewis & Reilly, was yesterday
returned not guilty, and the costs
placed on the prosecutor Superintend-
ent of Police Roblng. Afterwards
Judge Ferris, before whom the case
was tried, struck off that part of the
verdict placing the costs on the super
intendent.
J.. f. McKenna was acquitted of
charge of larceny and receiving, pre-
fcrred by Joseph Daley, and the costs
were divided.
When court adjourned Thomas
Burke, of Dunmore, was on trial be-
fore Judge Carpenter charged with
being the father of the child of Lena
Hartman, of Little England, lie was
indicted for accomplishing the girls
ruin, under promise of marriage, but
before the case opened yesterday, AS
sistant District Attorney Gramcr an
nounced that they would not press for
conviction on the charge of sedl,c-
tion.
The girls story was that she was
Workin" as domestic in Dunmore i'm
November, 1899. and met Burke at a
flremen's fair then being held in Dun
more He took her home that night and
two nights subsequently their Illicit re-
iations began and continued until May
Of the following year. Her child was
born IN February last. 1t is II girl, ana
she had her in court yesterday. The
defense Is an attack on the girls repu-
tation and a denial of the parentage,
Burke was tried at the April term. but
the jury disagreed. The trial will be
resumed this morning.
NOLAN NOT GUILTY.
In court room No. g. yesterday morn-
ing, the trial of Thomas Nolan, charged
with aggravated assault and battery,
was resumed. Nolan's story was that
Clark was the aggressor, and that he
struck and k'ycked Clark down only in
self-defense The verdict was not
puiIty and tho costs were pIapad nn