The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-06-13


Murder of the second" degree was
the verdict returned yesterday morning
by the jury before whom Michael Davis
was tried for the killing of Peter King
at Minooka on Feb. 16. 1t Is understood
that the jury stood as follows when 1t
went out: One for murder in the first
degree, ten for murder in the second
degree and one for manslaughter. Da-
Wis was visibly relieved when he heard
the verdict for he feared he might be
found guilty of the higher degree Of
murder.
Mackey McDonough and Michael
Judge, two members of Bellevue's new
dead line gang" received heavy sem
tences yesterday. Both were convicted
of burglarizing Alonzo Hubbard's hotel
on South Washington avenue. before
Judge Kelly and for this offense Nc
Donough was yesterday sentenced to
three years in the pententary and
Judge to four.
Before Judge Newcomb they were
convicted of stealing brass and iron
from the Delaware, Lackawanna and
Western company and for that infrac-
ton of the law they got three years
each. McDonough pleaded guilty to
stealing a harness from Regan's livery
stable and Judge Newcomb gave him
four years for that. Judge was also
arrested for participation in the last
named crime but his connection with 1t
could not be proved and a verdict Of not
guilty was taken as to him. The sem
tences do not run concurrent but follow
one another so that McDonough Will
have ten years to spend in the peniten-
tiary and Judge seven.
Patrick Finnegan, who was convict
ed with McDonough and Judge of par
ticipation in the theft of the brass from
the Delaware, Lackawanna and West
ern, was sentenced to nine months in
the county Jail and in the case Of John
j. Walsh, mixed up in the same tram
saction, sentence was suspended until
October.
WACHUA CONVICTED.
In the main court room yesterday
morning the trial of Theodore Wachua
on charge of perjury was resumed.
The jury found the defendant, who
lives in Carbondale, guilty but recon-
mended that the minimum sentence be
imposed upon him. Judge Edwards
said he would observe the recommends
ton.
Abe Posner was convicted of larceny
by bailee and was sentenced by Judge
Edwards to pay fine Of 81, restore the
property and spend six months in the
county Jail. The testimony of the pros
ecutor, James Sullivan, was that he met
Posner on Penn avenue on April II and
Posner asked him for the loan of 81.
He did not have any change but he
gave Posner a $50 bill and told him to
get it changed and return $40 to him.
Posner took the $40 bill but failed to
return any change. His defense was
that he asked Sullivan for a loan Of $50
and that the latter turned the bill over
to him. He has since been unable to
pay back the loan.
In the case of James Sullivan who
was tried before Judge Kelly Wednes-
day on a charge of stealing oats. etc,
from John w. Lillibridge at Blakely
was yesterday returned not guilty.
Stephen Hunt, who pleaded guilty of
participating in the same offense, was
sentenced to pay fine of 81 and to
spend thirty days in the county Jail. A
verdict of not guilty was taken in the
case against Andrew Horenzo, indicted
for participation in the same offense
and a mol pros was entered in the case
of Levi Stage, also indicted for having
a hand in taking Mr.. Lillibridges prop
erty.
MRS. ROWAN ACQUITTED.
Mrs. Kate Rowan, of Jessup, was
tried before Judge Kelly for larceny by
bailee and assault and battery. the
prosecutor being Mrs. Mary Wadow, a
Syrian pedder The latter alleges that
she went into Mrs. Rowan's house to
sell her wares and she was asked for
mouth organ. She had none in the line
she carried and was then asked for a
razor. She opened her pack to display
her goods and alleges that Mrs. Rowan
and members Of the family kept num-
ber of articles and when she demanded
that they be returned she was put Off
the premises so violently that she was
thrown down and injured.
The defense was denial Of the theft
and also of the assault. 1t was admit
ted that Mrs. Wadow had to be put off
the premises but no more force was
used than was absolutely necessary.
The jury returned Mrs. Rowan not
guilty of both charges and in the as
sault and battery case placed the
costs on the county.
Evan Jehu was tried on the charge
of committing an assault and battery
on Mrs. Mary Zigmonlon. Jehu is the
dumpman at the Dickson colliery in
Green Ridge and the prosecutrix al
leges that he eNacted a fee of 25 cents
a month from all who picked coal there,
Mrs. Zigmonlon says she was in ar
rears in her, payments and because of
this on the day in question he put her
off the dump and kicked and beat her.
Jehu denied emphatically that he ex-
acted fee from those who picked coal.
He said Mrs. Zigmonlon was on the
top of the dump picking coal, which
aiIis tha riilac Sha Glasa