The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-04-18


Is on Trial for Arson-Jury ou'
in the Case of Merritt j. Kish'
paugh and Wife.
Judge Newcomb. yesterday, for the
first time, was called upon to sentence
for u penitentiary offense. 1t was ir
the case of Dominick Volpe, convicted
Of attempted robbery, and discharying
fire arms with intent to kill, and Johr
Leone, who was Nolpe's accomplice ir
the attempt at robbing. The judge
gave each man four years for the at
tempted robbery. and imposed three
years additional on Volpe for attempt
ing to kill.
Volpe and Leone followed Frank
Lovelace at Bulls Head one night last
February, and in front Of Anthony
Ruddy's store. set upon him with the
evident intention of rifling his pockets.
Ruddy, who was working late in his
store, heard the scuffie and came to
Lovelace's rescue. Volpe turned on
Ruddy and fired two pistol shots at
him. One lodged in the window case
ment and the other passed through the
door and imbedded itself in the desk
at the rear Of the store. Both bullets
whizzed past Ruddy's head.
Edward Ingrahaln, Il sneak thief, also
came up for penalizing before Judge
Newcomb, and was given a good stiff
sentence. His game was that of locat-
ing at a boarding house and looting
the rooms of fellow boarders. He
practiced it at two different houses in
Scranton, and got away with consid-
cradle booty. superintendent Day To-
Gated him in Binghamton and brought
him back. He plead guilty. The sen-
tence was a year and six months in
each case. or three years in all, it be-
ing provided that the one sentence
should begin at the expiration Of the
other.
SENT TO REFORMATORY.
Louis Ace, a boy who plead guilty
to being a common gambler, and who
wanted to be sent to a reformatory. was
committed by Judge Newocmb to Hunt
ington. Conner Johns, another lad, who
stole clothing from Chappell & Co.'S
store in Priceburg. was also sent to
Huntington by Judge Newcomb.
In the criminal libel cases, brought
by w. F.. Smythe, the directory man,
against Edgar Wilson and w. H. ker-
win, the jury after an hours delibera-
ton, reported a verdict of not guilty
in each case and placed the costs on
the prosecutor.
1t may be decreed today by Judge
Newcomb that Mrs. Bridget Lavelle is
not indictable for setting fire to her
house. The arson code has II pro-
vision making it an offense for a per-
son to set fire to the property of an
other, and a second provision, making
it an offense to set fire to ones own
property to defraud an insurance com
pany. The indictment against Mrs.
Lavelle charges her with setting fire
'to the property of another, to wit,
Bridget Lavelle." She had no insur-
ance on the property, as far as was
disclosed, and an indictment conse-
quently could not be under the second
provision.
Her attorney, John F. Scragg, at the
close of the commemorative testimony,
hat the indictment could not
stand because the evidence clearly
that it was her own property
and not that of another to which Mrs.
set fire. Judge Newcomb adj
that there appeared to be q Pc
culiarity of the construction Of the stat
ute which would support Mr.. Scragg's
contention, but as the matter had new
been passed upon before, he decided
to wait until this morning before rem
dering a decision, that Assistant Dis
trict Attorney Thomas might have p
.ortunity of preparing to combat Mi.
Scragg's argument.
WHAT DEFENSE WILL BE.
There is scarcely a question but that
Lavelle set fire to her house. If
the defense is called upon to defend,
it is likely the act will be admitted,
md that a plea will be made that the
defendant is mentally irresponsible.
The house is located on Church ave-
nue., and at the time OF the fire was
lnoccupied. A neighbor, w. r.. Case,
taught her coming out of the house at
1.20 p. H.. while smoke was issuing |
rom the windows, and a half dozen
told that the fire originated in
he front room down stairs II the
room upstairs, and that n mat
.ress. clothing, rags and paper We're
to be saturated with kero-
'ene.
A jury was out at adjourning time in
he case of the commonwealth against
j. Kishpaugh and wife. of South
Main avenue, charged with obtaining
money by false pretenses.
On Dec, 20 of last year, u oma
passed three SIS checks respectively on
f., Handley, shoe dealer; A. Il. Nc
Williams, wooden merchant. and the
irand Union Tea company, of West
scranton. She made a small purchase
t each place and received cash for the
of the amount of the check,
he checks were each drawn by NJ. j.
in favor of James Brandt,
nd endorsed on the back with the
name. The woman represent
d at each store that she was Mrs.
and that she lived in the 800
lock of Franklin avenue. At one end
I the check was printed with a rub
GER stamp, IN. j. Kishpaugh, contrac-
Or" n beneath 1t pay check" Those
lho took the checks naturally supposed
hem to represent the wages of some
nechanic employed by a contractor.
the checks We're presented they
,ere found to be worthless.
Lieutenant of Police Davis, who
up the case, arrested Mrs. Kish-
augh as the woman who passed the