The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-10-17

The Jury in the case of Michael Metz.
heiser and John Mctzheiser charged
with assault and battery and felonious
wounding, respectively. by +. Nj. Mes,
slit, was yesterday afternoon discharged
from further consideration of the case
being unable to agree.
Late Thursday the jury retired and
remained out all night. Twice Nester"
day morning the jury asked Judge Nc
Clure to discharge them but he re-
fused. telling the jurors that 1t was
their duty to harmonize their differ
ences and agree upon Il verdict IL IT
was at all possible.
At o'clock yesterday afternoon the
jury again sent a request to the judge
to discharge them. He suggested to the
attorneys that they accept majority
verdict. but the district attorney re-
fused TO. and he ordered the jury to be
brought into court.
The foreman. c. p. Jadwin told the
Judge that he considered n verdict inn
possible, and the Judge thereupon dis
charged them. The jury stood ten for
acquittal and two for conviction.
The first case taken UP in court room
No. 9. yesterday. was one in which
Toncy Dutzman was defendant. Charles
Ankiewicz. the prosecutor. alleged that
on the evening of September ., last. he
and the defendant were partaking OF
beer at hotel on the South Side. On
that occasion the defendant was at
tired in pair of trousers in which he
took great pride. Without cause or
warning the defendant attacked him.
shaking him severely, after which it
was discovered that the trousers were
sadly torn: large. gaping rents appear
ing in the western portion thereof,
thereby occasioning the inference that
the attack was from the rear The de-
fendant denied making any malicious
onslaught. either upon the defendant
or his trousers. and stated that he
simply laid his hand upon the prose-
cutors coat sleeve. in an effort to per-
suade him TO remain and partake Of
more beer. The verdict was not guilty.
and the costs were divided.
FALSE PRETENCE CHARGED.
John +. Armbrust. who recently con-
Quoted a meat market on Penn avenue
vas on trial before Judge NewcOmb
charged with obtaining merchandise
from The Cudahy Packing company
under false pretenses. d. G. Sabin
Cudahy's local manager. testified that
TN July Il. 1901, he called at the defend
ants place Of business and that the de-
fendant delivered to him a stateme nj
OF his financial condition for the pur-
pose of obtaining credit The statement
vas offered in evidence and set forth
that the defendant. whose signature
was attached was worth $4,000 and had
10 debts of any kind and. further. that
IL was made for the purpose of obtain
ing goods from the Cudahy Packing
company.
The commonwealth then called var-
Gus witnesses. including representatives
# the various local packing houses, who
testified that on July Il, 1901. the de-
PENDANT was indebted to them in Il sum
aggregating about $1,000. 4 certified
copy OF the record of United States Dis
irict court disclosed that abou. Janu-
AIRY. 1902. the defendant fled petition
i'll bankruptcy, in which he scheduled
various debts owed by him and which
disclosed that he was indebted to vari-
Gus concerns on July H. 1901. the date
"f The delivery Of the statement to the
b.'oSeclIiOr
The defendant admitted signing and
giving the statement to the prosecutor,
pui stated that he simply filled it out
as directed by Mr.. Sabin, who told him
that it was simply II matter Of form:
mat he had no intention to defraud the
company and thought that his trade
ana outstanding accounts would more
than balance his Indebtedness. .Attor-
ley C.. II. Soper represented the de-
tendant, and Attorney DonnelIy, the
prosecutor, a verdict of guilty with
Jnt .
returned late in the afternoon.
William II. Jones was convicted of
deIrauding his boarding mistress. Fan
nj" Pulzer The defendant was not
present during the trial. but was rep
resented by Attorney H, l.. Taylor
LYNCH WAS ACQUITTED.
Martin Lynch was acquitted, ycs,er-
day. of the larceny of Sl0.5o from Pat
rick Mannion, for which he was tried
hefore Judge Newcomb, Wednesday. A
verdict of acquttal was also rendered
in The case asIinst John Coils, charged
with malicious mischief by breaking
the window ana shutter of a Delaware,
l.ackawunna and Western passenger
coach. The costs We're placed upon the
county.
James Williams, "A young man who
nNeS at Olypnant, WAS convicted of
being the father of the child born to
'iertie Wood in June 1901. Miss Wood
Is now only Il years of age. Williams
was sentenced 10 three months in the
county jail His mother tainted as sem
tence was imposed and had To be car
rieG from the court room.
Patrolman William McAndrew, of
Tarbondale, was acquitted of the charge
of committing an assault and battery
On James Kelly while placing him
under arrest, and the prosecutor was
directed TO pay the costs.
Al adjourning hour, Generoso Spotta
was on trial, charged with trying 10
criminally assault Mrs. Marie Zicardi,
at her home in Dunmore, on December
2l, last. The defendant. ii is alleged.
threatened to shoot Mrs Zicardi unless
she submitted to him.
a mol pros. was entered. on payment
of costs, in the case of Thomas Nolan.
charged with being the father OF the
child of Bridget Oakley. Michael Bon
nett of Carbondale, was acquitted of
the charge of malicious mischief, pre-
hxy