The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-02-07

Case Occupied the Attention of
Judge Edwards and a Jury All
Day-old Forge Shooting Case Be-
fore Judge Purdy.
Jacob Ellman was yesterday convict
Ell of the charge of subornation OF
perjury on which he was tried Tues
uay before Judge George Purdy. OF
wayne county. His attorney, John j.
Murphy, at once asked for new trial
ana an arrest of judgment on the
ground that Gilman cannot be legally
convicted, because the commonwealth
did not, as the law requires, have two
witnesses to testify to the perjury, or
one witness and corroborativc circuni-
stances equal to another witness.
This morning the matter will be ar
gucd before Judge purdy. 1t is ncces-
sary to dispose of the matter at once
for the reason that Max Herring, the
principal witness against Gilman. is
being detained in the county jail. If a
new trial should be granted Gilman
will be arraigncd again this term for
trial.
Before Judge Edwards, practically
the entire day was taken up with the
trial of the case of Mrs. Fresina CO.
pima. There were two cases, both
charging the theft of goods from the
store of Jonas Longs Sons. in De-
cember. Judge Edwards took one of
them from the consideration of the
jury, saying there e--was no evidence to
. - s,,,
ont to consider the other Indictment.
The defense was that the woman had
purchased all OF the goods found on
her and her two daughters, who We're
standing in the lobby of the store at
the time of their arrest. The jury had
not returned it's verdict up to adjourn
ing hour.
NAFUS NOT GUILTY.
Earl Nafus, a drayman. was tried
before Judge Purdy in No. on n
charge of larceny by bailee. preferred
by II. Goldschlager who runs a store
on Penn avenue. The testimony show
cd that Nafus was employed 10 cart
box from the Delaware, LackawaIlna
and Western freight house to GolL-
schlager's store. The prosecutor al
leges that Nafus kept the box of goods
instead of delivering them. In his de-
fense Nafus said when he took the box
to Goldschlager's store he asked fifty
cents for his services and Goldschlager
would give him only twenty-five cents.
He thereupon took the box back. Judge
Purdy decided that the case was not
one of larceny by bailee and directed
that a verdict OF not guilty be taken.
Nicola Netala was tried for felon
iously woundng Adam Friedmonsky at
Old Forge in September last. It was
shooting affray and was the outgrowtn
of the strike at the Jermyn No. col
liery at that place. The defendant and
Nicholas Rogers, both Italians and
special officers of Old Forge, had been
protecting men who were taking the
place of the strikers at the mine and
had incurred the i'll will of the people
of the neighborhood. On the day of
the shooting they were attacked by a
big crowd and Netalla was knocked
down and somewhat severely handled.
He drew his revolver and fired several
shots into the crowd near him. ono
of the bullets lodged in the groin OF
Adam Friedmonsky, who is alleged to
in front of his residence. His injuries
were OF a serious nature and he was
laid up for about two months.
NETALIA'S STATEMENT.
Netalia said that just before he fired
he saw Friedmonsky coming through
his gate with stones in his hands and
advancing toward him in very
threatening manner and that there
upon he fred. The accused was de-
Tended by Attorney John H. Bonner,
and the commonwealth interests were
looked after by Assistant District At
torney Gramer and Attorney p. T..
Loughran.
Thomas Connell was yesterday re-
turned not guilty of the larceny of a
horse from Henry Morgan. The case
was the outgrowth of horse deal and
was tried before Judge Kelly.
Mrs. Melicent Winebrake was charg-
ed with illegally practicing medicine
by William Robinson. Mrs. Wnebrake
lives in West Scranton. She denies
that she practices medicine stating
that she is Il nurse and cares for the
patients of her son, Or. Winebrakc
She contends that her arrest was
brought about by her insisting that
Robinson pay IA bill he owes her for
nursing his wife. The jury was out
deliberating on the case at adjourning
hour.
John H. Diegclmau was tried before
Judge Kelly on a charge OF false pre-
fences preferred by j. T. Cleveland.
The latter alleges that Diegeman sold
him bond of the LaCkaWanud stone
company for $500, alleging that interest
was paid on it regularly. After secur-
ing the bond Cleveland learned thar
the bond had not paid any interest
for long time although the coupons
We're torn off each month to give the
Impression that the interest was being
paid.
MAKES DENIAL.
DieGclman denied that he had made
any false representations and said that
he was. acting for another i'm the sale
OF the bonds, The case will go 10 the
jury this morning. Cleveland is rep
resented by Attorney j. NJ Walker.
and the defendant by Attorneys Her.
man Osthaus and G, Ballcntinc.
The following action was taken with
reference to cases:
Continued Mike Mitchell, alias Mike sukitus,
Fannie Mitchell, alias frinnic Sukitus, assault
and battery; Eliza Lcwelyn, prosecutriE. Ellen
| king, selling liquor without license; Thomas
| Leyshon, prosecutor
| Bail Forfeited Charles b. Williams, cmbczllc'
ment; l.. Little, prosecutor. Charles u. Williams,
| larceny and receiving; l.. Little, pIoseCutor.
Nollc Pro,cqui--parick McCthrrty, selling H.
| quor without a license and selling on sunday;