The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-04-11

.hdolph Blau, proprietor of the Com
n ercial Loan and Ticket agency, 2O5
Lacknwanna avenue, pleaded guilty.
before Judge Kelly yesterday. OF the
charge of illegal selling of railroad
tickets. preferred by Mark l.. Smith.
district passenger agent of the Della
ware, Lackawanna and Western COM
rany. He was fined S25 and costs.
Blau was warned by Mr.. Smith to
desist from ticket scalping and did so.
Then came the Buffalo decision against
the Lackawanna company In equity
proceedings brought to restrain ticket
scalping. and Blau seized upon 1T as an
excuse to reopen business. Mr.. Smith
again warned him that he was engaged
in an illegal business and that he
would be prosecuted If he did not give
it up He did not heed the warning
and was arrested.
He engaged O'Brien & Martin, Rice
& Donnelly, George S. Horn and John
T.. Murphy to defend him, but they
looked about in vain for Il line of de-
Tense, and finally advised him to plead
guilty.
1t was explained to the court that
Blau was honestly mistaken in his be-
lief that the Buffalo decision, which
was in the United States court. gave
him the right to do a scalping bust
ness. Major Warren, counsel for he
company, did not oppose the extension
of leniency, and Judge Kelly decided
not to impose a severe penalty.
In passing sentence, the judge told
Blau that the law in Pennsylvania on
ticket scalping is clear II distinct,
and positively makes it a penitentiary
offense. The nominal fine of $25, the
judge stated, was not to be construed
as a precedent for dealing with future
cases of the kind. He would not be in
clined to such extreme leniency, he
said, with the next person convicted
before him of this crime.
The Buffalo decision did not decide
anything as to the merits Of the case
at bar. The court decided against the
company on the ground that it was vio-
lating interstate law in it's
trunk line ticket arrangement, and that
it was, therefore, forbidden a standing
in equity court, under the maxim that
HE WHO does iniquity cannot have
equity" The question as to the legality
of ticket scalping was not passed upon
at all. Three months ago., the Penn
sylvania Supreme court upheld the
constitutionality of the law against
ticket scalping, in an appeal from
Pittsburg.
The jury in the case of the common-
wealth against Lottie Smith, charged
with keeping Il house of ill-fame, went
out yesterday morning and had not
agreed at adjourning time.
Onifer Mlenarski. of Old Forge, was
found guilty of assault and battery
on Storekeeper Joseph Sommers. The
olfeHse was committed February Is,
when Sommers went to the defendants
house to collect a bill.
a verdict of guilty IA returned in
the cast in which Matthew and An
thony Stroke, of ELEPHANT, We're
charged with assault and battery on
Joseph Keotic.
In the case in which Farmer H. S.
Parks. of South Abingdon. charged his
n~cighbor, Carpenter Alfred Rossiter.
with assault and battery, the jury re-
turned il verdict of not guilty and di-
rected that the defendant pay two
thirds and the prosecutor One-third of
the costs.
Patrick Harris plead guilty to point
ing Il pistol at Patrolman Finley Ross
and was given thirty days in the
county jail.
Frank Novack was acquitted of the
charge of forcible entry and detainer
and the cases We're placed IN the
prosecutor, Joseph Papa.
Co%ntinuances We're directed in the
following eases:
s. i. Wayland, ~obstructing Justice;
Robert Wilson, prosecutor.
simon Thomas, bribery; Robert Will
son, prosecutor.
Arch Dunlop. adultery; John Hawk,
prosecutor.
Matthew Paff n Thomas Gilboy,
selling liquor illegally; Joseph Gard
ner, prosecutor.
Ian Romanoski, attempt at. rape;
Joseph Warriniski, prosecutor.
Joseph Hotchkins. malicious mischief
ards, prosecutor.
Michael Size, larceny and receiving;
Frank Robling jr., prosecutor.
Patrick McNulty, %felOniOus wound
ing; James n. McAndrew. prosecutor.
James Kearney, embezzlement; II. Fl.
Dover, prosecutor.
Rachel Williams. riot; Stephen Dyer,
prosecu1W.
Arthur Norris, @felOnious %wOunding;
Harry Newman, prosecutor.
Bail was forfeited in the cases in
which Dominick Reilly and l.. j. Peis-
ner We're defendants.
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