The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-02-11


ing between her and air. Sweeney as
to the proper location of their line
fence, and Indignantly declared she
was not in possession of any OF MIR,
Sweeney's land. II can prove | haven't
the black of your finger nail of his
land" she avowed
The commonwealth was represented
by Assistant District Attorney w. Gay
lord Thomas and Attorney NJ. p. Caw-
ley.
When the case of Miss Lottie Smith,
charged by Roy Wech with keeping n
bawdy house at 800 Oakford court was
called before Judge Edwards, a physi-
clans certificate was produced to prove
the claim that she was too i'll to attend
court. District Attorney Lewis was
not satisfied that this was so, and at
his suggestion, Judge Edwards directed
Jail Physician Longstreet to investt-
gate. DR.. Longstreet returned an hour
later with a report that he found Miss
Smith in bed, but to his mind she was
not Ill, at least not so i'll that she could
not attend court. Miss Smith was
brought in by the sheriff after court
had adjourned and spent last night in
the county Jail. She will be tried to-
day.
ATTORNEY M'COuR1"S FIRST CASE
Attorney John NJ. McCourt, who was
admitted to the bar last week, made
his initial appearance as an advocate
yesterday, and won his case hands
down. Frank Brennan, of Carbondaie-
was called before Judge Weand, in No.
3, to answer the charge of stealing u
Scotch terrier pup from Miss Hannah
Young a well known young woman of
Carbondale. Brennan had no counsel,
and Mr.. McCourt was assigned to de-
fend him. The testimony of the prose-
cution was that the dog was missed
from the Young house shortly after a
visit there by Brennan, and that Bren-
nan had sold Il dog Of the description
OF the missing one, a day or so later.
Mr. McCourt argued to the court that
the prosecution had failed to connect
Brennan with the alleged theft and
asked for binding Instructions. Judge
Weand promptly granted the request
and Brennan went free.
Last week Judge Edwards refused to
allow the commonwealth to prosecute
Annie Lee on a charge of malicious
mischief, because she was 50 years of
age. Yesterday, Judge Kelly directed a
verdict of not guilty in a malicious
mischief case brought by Sophia
Schmidt, of South. Scranton, against
her neighbor's ll-year-old boy, Louis
Renard. The lad was too young TO be
convicted of crime the judge held.
William Decker, of Dunmore, was ar
raigned before Judge Kelly on the
charge of being the father Of the illegit-
innate child of neighbors daughter.
Her father was on hand to prosecute,
but the girl refused to testify against
her alleged betrayer, and the common
wealth had to agree to Attorney j. NJ.
COrbetts motion for Il verdict of not
guilty. The jury put the costs on the
county.
NElGHBORS AT WAR.
Michael Kosakavitch and his wife,
Kate kosakaVitch We're arraigned in
Judge Weand'S court to answer a
charge of aggravated assault and bat
terry on Mrs. Kosakavitch brother,
Simon Petritus. The parties live on
Nay Aug avenue. Petritus boarded
with the Kosakavitches, but became
estranged and went to live at neigh
boring boarding house. This, the
prosecution averred, enbittered the
Kosakavitches. and late on the night
of July 26, 1901, as he was passing
their house, they set upon him and
grievously beat him. The defense was
that Petritus was the aggressor. 1t
was ELECTED from the witnesses that
it was payday night when the assault
i,,,,t lt,yn n
divided the costs evenly among the
three parties. Assistant District Attor-
ney Louis Gramer appeared for the
prosecution, and O'Brien & Martin for
the defense.
Similar disposition was made of the
cases in which John Ruane was de-
fendant and Andrew Wargo and Theo-
dore Trenowit2 prosecutors. The par
ties worked at Johnsons colliery in
Olyphant and became mixed up in an
alteration over the ownership of a
drill. The prosecutors claim the de-
fendant viciously assaulted them with
the drill and stones, and the defendant
maintained it was he who was assault
ed. Joseph f. Giroy was private coun-
sci for the prosecution. M. j. Ruddy
represented the defense
a mol pros was entered in the case
in which Constable T. ]. Neary charged
T.. j. Moon, of Carbondale, with en-
bezzlement The defendant paid the
costs
Joseph Stern. of South Washington
avenue, was on trial before Judge
Weand, at adjourning time. on the
charge of criminally assaulting 17-year-
old Sprinca Jurnak. The defendant is
a young married man of good appear
ance. The prosecutriX recently came to
this country. Although a girl in years
she is woman In appearance, being
easily twenty pounds heavier than the
defendant.
The charge is that on Aug. IA, last.
after she had been working for the
defendant S family a week. he locked
her in a closet and assaulted her. J..
T.. Watkins is private counsel for the
prosecution. The defendant Is repre-
sented by John j. Murphy and O'Brien
& Martin.
CASE CONTINUED.
The case i'm which John A. Keith is
charged by ID, A. Stone with embez-
element, was continued on account of
the illness of the defendants counsel,
John f. Scragg.
John Dubrey failed to appear to an
swer the charge of larceny and recev-
ing preferred by ex-Superintendent of
Police Robling and his bail was forfeit
ed. Bail was also forfeited in the case
of John Breski charged with defraud-
ing George Breski out OF board bill.
The cases in which Sylvester f, Co.'S
grove, Frank Kofczuniski and Frank
Kinsley are charged with the killing OF
Daniel McAuliffe, in a melee growing
out of the street car strike, and which