The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1901-01-07

Court convened for short time
Saturday morning to permit OF tine
acknowledgement of deeds by the re-.
firing sheriff and to clear away other
business for the opening of the new
court year, TO-DAY.
Judge Archibald handed down an
opinion holding that the conviction
OF John Lukan for selling liquor with
out q license was regular and that
Lukan must stand sentence.
Lukan keeps a bottling establish
ment on Capouse avenue. The Mems
union accused him of selling at retail
and prosecuted him for selling liquor
without license. lie was convicted
OF this charge, but when called FOR
sentence, his attorney. Joseph O'Brion,
contended that Lukan could rot be
sentenced for selling without a license,
but, at the most, could only be sub
jected TO the lesser penalty attaching
to n violation of his bottler's license.
Judge Archibald says in overruling
MIR. O'Brlen's contention:
"Tf the defendant having a license
has been improperly convicted, he has
| his remedy by an appeal to the court
above us, where our errors, II any, Will
| be reviewed and corrected. But so far
| as the case now stands the sentence
| must follow the record as 1t has been
| made. AS the defendant has been con-
yicted of selling without a license, the
| penalty for that offense must be i'm
posed. Let the defendant be called.
| on his failure to appear let capias
| issue"
| CHANGE OF RULES.
| An important order was handed
down adding to the court rules one
which will prohibit in a great meas
ure the multiplication Of criminal
cases, and consequently cut down the
fees which aldermen, justices and
constahles draw from the county
treasury
The rule reads as follows: mo sep
arate cases of surety will be enter
tained where the defendant has been
returned on any other charge between
the same parties growing out of the
same transaction"
Almost Invariably. a large number
of the aldermen and justices have
been wont to hitch a surety case on
to every assault and battery case. The
| surety case would OF course be dis
posed Of with the assault and battery
case, but the magistrates and consta-
bles would collect fees for two cases.
Court refused to grant applications
for licenses for the remainder OF the
year for three places where the licenses
| were recently revoked for Sunday SELL
ing. The applications refused were:
Jacob Faust, for Peter Ross place
at a02 West Lackawanna avenue.
Harry Flax, for Wolf Johnson's
place, at 32S Penn avenue.
Thomas Jifkins, for the old White
house, Mt rs Penn avenue.
Appointments We're made as follows
II. a. Coursen as guardian of hi;
son. Walter II. Coursen. mino!
grandchild and heir of the late James
Blair.
Patrick Macllin and Thomas Beech
am as overseers Of this special election
to be held in the sixth ward. Tuesday
Jan. s. 1901.
4. F. Gebhardt, of Jermyn, to sue
ceed himself as a sidepath commits
sioner of Lackawanna county for ;
term of three years.
William +. Foy as constable of th'
Tenth ward. to succeed William Beck
man, resigned, and Joseph Gardner, al
constable of the Nineteenth ward.
SHERIFF's DEEDS.
The sheriff's deeds acknowledged
were:
Property Of Merritt Scott in Spring Brook I
.;eorge NJ. okell for $40.
Property Of j. j. Stocker in Fell township
: Woodbury. Coil for s3Gj.
Property Of J. ID. stocker in Carbondale {
James Rell for sGCsj.
Property of Louis Spitz in Wnton to G. N
Pierce for 500
: Property Of ]. ID. ,tocker in Fell township
b. & II. Co. for SGCO,
In the case of John Benore & Sol
against II. T.. Leonard the rule to Al
. a bill of particulars was discharged.
0 In the matter of the estate of Martl
Clemen. it was directed that jur,
! of inquest be selected Jan. 21. 1901, t
hear the evidence. which will be take
, before Judge Kelly.
The report of the auditor OF as
signed estate of the Scranton Cit
; bank was confirmed conditionally.
Equity court will begin this mornin
r and q grand jury will enter upon
weeks session. Returns of constable
will also be heard.
Judge John p. Kelly will enter upol
his ten-year elective term at high moo
t, and at the same hour The newly
elected county officials will essum