The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-02-13

At the solicitation of the defend
ants, Richard Little and NJ. j. OToole,
and by consent of the prosecutor, Col
Onel f. III. Ripple, a nolle prosequi
was entered yesterday in the case
charging Little and O'Toolc with hav-
ing libelled Colonel Ripple in a sun
day paper of which they have charge.
1t was a companion Indictment to the
| one on which they were tried n year
| ago and on which Little was convicted
| and sentenced TO six months impris-
| onment in the county Jail The Defend
| ats are to pay all the costs in connec-
ton with the case mol pressed yester-
| day. The amount will be large as
there were many witnesses and the
case has been on the list at every term
| for more than year.
Attorney Joseph OBrien, who was
| private counsel for Colonel Ripple,
said yesterday about the case: col
onel Ripple was grossly libelled by Lit
tie and O'Toole and he demonstrated
| that by the conviction in the other
case. He has no desire to follow up
the present case for the purpose of
being revenged and consented at the
earnest solicitation of the defendants
to allow a nolle prosequi to be en-
| tered"
| These libel cases cost the defendants
| several thousand dollars. it is said. be-
sides the six months Editor Little spent
in Jail.
| THE MOFFAT CASE
John Moffat, charged with selling
liquor without license by the Munic-
ipal league, who had a capias issued
Go, ut, 20,
court yesterday. His attorney, Joseph
O'Brien, gave 1t as his belief that his
client is not well enough to stand trial;
that it is almost impossible for him
to talk. The attorneys for the league
said they did not want to force sick
man to trial but they had an idea
that Moffat Is shamming and wanted
him examined by a physician. This
| request was granted by Judge Arch
bald and DR.. l.. NJ. Gates made an ex-
animation of the accused. He said
Moffat is not a well man by any means
but that his condition is not such as
to make a trial dangerous to him.
Moffat was then remanded to the GUS
tody of the sheriff for trial. The case
was called up late in the afteronon be-
fore Judge Edwards but Mr.. O'Brien
it was made up largely of talesmen not
drawn by the sheriff. A jury of the
regular panel being impossible to OBJ
tain at that time Judge Edwards post
poned the selection of a jury until this
morning.
| Phelan Mcdonald. who was indicted
at the instance of the Municipal league
on a charge of selling liquor without
q license on Larch street, this city,
pleaded guilty and was sentenced to
pay fine of $500 and spend three
months in the county Jail. Mary Cos
tello. of Green Ridge, charged with the
same offense, was not present when
her case was called for trial and ca
pias was issued for her.
COMPTON CONVICTED.
Before Judge Edwards in court
room No. ., the case against Frank
Compton. of Nay Aug, was concluded
yesterday morning. In his charge the
court stated that the evidence of the
prosecution, If believed, should be fol-
lowed by verdict of guilty, and al
though the defendant may not have
been as responsible for the imposition
upon the prosecutriX as the man who
advised these young reople to live
together as man and wife, without a
formal marriage ceremony, still this
should not affect the verdict as it was
more particularly a matter for the
court to consider in passing sentence.
The defendants position. as taken by
counsel, as to common law marriage
between the parties, was particularly
adverted to. but the legal require
ments of such a marriage did not
seem to have been fulfilled. The jury
returned verdict of guilty.
In the other case against Compton.
charged with the forgery Of = mar
riage certificate. Il rule was granted to
show cause why the Indictment should
not be uuaShcd, on the ground that
the statute under which the indict-
ment was framed did not seem 10
cover the case OF a paper Of this
character.
Harry G. Bossard was found guilty
ol tie charge preferred against him
by Grace Hinton. Prior to the sum-
mel of 1899 the parties lived in Mon
roe county, where the alleged offense
was committed. No evidence was Of
tered on the part Of the accused.
Used BOTTLES ILLEGALLY.
Nicholas Cappiello. who conducts a
bottling establishment in Dunmore
was tried on charge of dealing in and
r"filling registered bottles belonging
10 \. w. Schroeder. Henry ITlrich
manager for Mrs. Schroeder appeared
as prosecutor and he Bottler Morse
and others, testified TO having found
!
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