The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-10-07

| WintOn, was yesterday returned not
guilty of the murder Of little Mary
kublus at Winton, on June 4 last, the
commonwealth not having proved the
criminal capacity of the boy.
The case was called for trial before
Judge Ferris, in No. 3, and 1t was
shown that on June last a number Of
children were playing around hydrant
in front OF the home of Mr.. and Mrs.
John Kublus, at Winton. Their
daughter. Mary, who lacked month Of
being 10 years of age, chased the chill
dren away from the hydrant, except
one little girl named Chickure, who re-
fused to go, and Mary Kublus pulled
| her hair.
This angered Stephen Chickure, the
girls brother, and he started in pur-
suit of Mary Kublus. Not being able
to overtake her he pulled an iron rivet
from his pocket and threw it at the
girl. striking her behind the ear and
fracturing the skull. She died almost
instantly. The commonwealth called
Coroner j. +. Saltry, County Detective
w. A. Phillips, Constable William
Bell, John kublus and the latter's wife
as witnesses.
After the commonwealth rested At
torney T. p Duffy, who represented
the defendant, asked the court to give
binding instructions to the jury to re-
| turn a verdict of not >guilty on the
ground that the criminal capacity Of
| the defendant had not been shown by
the commonwealth and the law says
| that in the case of a child between
| the ages of and ii the criminal cap
| acity of the accused must be proved
as is any other fact in the case.
THEY OBJECTED
Attorneys Louis Gramer and Joseph
Gilroy, representing the prosecution,
| objected to the request of Mr.. Duffy.
but Judge Ferris said it was a correct
statement of the law, and in the alb
| sence of any evidence concerning the
criminal capacity of the defendant he
directed a verdict of not guilty.
Yesterday was the first day of the
October term of criminal court. and the
| list that confronted the judges had 679
| cases on it. Judge +. G. Newcomb is
presiding in the main court room this
week, Judge II. NJ. Edwards in No. 9,
and Judge George S. Ferris. of Lu-
zerne county. in No. 8. The libel case
Of Wade M. Finn against w. w.
Scranton. which was the second case
on yesterdays list, was continued until
next Monday.
| The first of the numerous cases grow
| ing out of the strike which will be
tried this term, was called before Judge
Edwards in No. .. where Mrs. Minnie
Borden and Mrs. Josephine McCouski
of Priceburg, were arraigned for COM
mitting an assault and battery on John
Button. a neighbor, who is pump
tI,n Vp1,
burg. Buttons story was that on the
evening of July % last, he was on his
way home from work when the two
defendants met him. They had a num-
ber of stones in their aprons. and after
| calling him a "scab" and like names
they pelted him with stones. His tes-
timOny was corroborated by three wit
nesses.
DEFENSE A DENIAL.
The defense was a complete denial of
the stone throwing. The women said
that Button was crossing Mrs. Nc
Couski's lot and they told him not to
do that. He replied by calling them
vile names. They had some words, but
no stones We're thrown. Attorneys Jo-
seph O'Brien and j. F.. Burr. of the
New York, Ontario and Western COM
p"hs' 'oii"t'l'b tllc pIoSCtuliDll ana
Attorney John j. Murphy, counsel for
the mine workers, the defense. The
jury found both women guilty. but rec
commended them to the extreme mercy
of the court.
James Cook, of Priceburg, was tried
before Judge Newcomb for the theft of
coal picked on one of the dumps at
Priceburg Frank Yurko said the coal
was picked by him and was his prop
erty, and that Cook had it carted to
his home. Cook declared that he
picked the coal Both parties had n
number of witnesses to support their
claim to ownership. The jury found
Cook guilty.
Chauncey c. Johnson did not appear
to prosecute a charge of larceny by
bailee against Harry spitz, and ver-
dict of not guilty was taken. When
the case against Nazareno Pascolni,
charged. with felonious wounding and
carrying concealed weapons, was called,
1t was reported that the accused is
now in Italy. and the cases were
marked off the list, Superintendent of
Police Day was the prosecutor.
Bail was forfeited and capias issued
in each of these cases: James Car
lucci, larceny and receiving; Anthony
Mullarkcy, prosecutor. Joseph Spitzer.
selling on Sunday; Robert Wilson,
prosecutor.
PLEADED GUILTY.
Frank McVittie pleaded guilty to is
suing bogus check and was sentenced
to twelve months in the county jail.
lie drew check for S. i'm the name OF
ii, q, Edwards, on the First National
bank, endorsed it, and passed it on
Joseph Burros, the keeper of a lunch
wagon Kate Toomey who was arrest
ed at Buffalo for the theft of number
of articles from Mrs. Kelly's hotel on
Penn avenue, entered a plea of guilty
and had sentence suspended for the
reason that a sister is willing to take
charge OF her. and that she has been
in the county Jail for four months
awaiting trial.
William Greame, a 16-year- old boy,
who lives i'm West Scranton, pleaded
guilty to the charge of burglarizine
the store of A. Hudat, at Robinson and
Chestnut streets, and was sent to the
Huntington Reformatory by Judge
Newcomb
a. III, Adams, who sawed his way out
of the county jail one Sunday night
in the latter part OF August, pleaded
guilty, Myrtle Hill and Nellie Will
liams, who are accused of assisting