The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-12-12

Before Judge Edwards. III court room
| No. .. the prosecution instituted by w.
T.. Smythe, proprietor of the Peoples
| Directory, against j. II. Ackerson, oc-
cupied the attention of the court and
jury during most of yesterday. The
| defense, aside from Offering evidence
| to show that the defendant simply act
ed upon instruction given him by the
| prosecutor in connection with the di-
| rectory business, produced evidence of
his good character, and further, of the
| bad character Of the prosecutor for
truth and veracity. A number of wit
nesses. including several prominent
lawyers, testified that they would not
believe the prosecutor under oath. The
jury was out at adjournment.
Just before adjournment jury was
sworn In the case against Stanley Duk-
at, charged with breaking the fence of
Charles Cooper, the prosecutor. The
parties live in Keyser Valley, and the
trouble occurred in June last.
Banko Not Guilty.
| The trial Of Michael Banko, charged
with larceny and receiving, was re-
sumed before Judge Newcomb yester-
tlay morning. The time books of the
| Ontario and Western company, by
| whom Banko is employed as track
hand, We're offered in evidence to show
| that on the days that Banko is alleged
| to have been selling stolen iron to junk
dealers he was at work. The jury re-
| turned verdict of not guilty
| A mol pros. was entered, on payment
OF the costs, in the case OF II. Il. Sweet,
charged with selling oleomargarine
without a license by Stanley j. Stev-
| ems, special agent OF the state depart
lnent OF agriculture.
On account Of the illness of the de-
fendant, the case charging Anna Wala-
watz with resisting arrest by T. +.
Huffing was continued.
George r. Morris, a former police
officer of Old Forge. was tried on
charge OF eXtortlng money from Frank
Dopko. 1t was shown that Morris was
not q police officer at the time of the
| oftense, and a verdict Of not guilty was
directed by the court. The jury went
out to dispose of the costs and placed
them on the prosecutor. The latter's
story was to the effect that he was ar
| rested. and Morris came to him and
told him he could settle the case for
him.
He gave Morris $40, but the case was
afterwards presented to the grand jury,
contrary to the representations of Nor
| ris. On his part Morris said that Dopko
was arrested for disorderly conduct,
ana that he went to the Justice of the
peace and settled it by paying 81 fine
and costs. The case returned to the
grand jury was another one, which
charged Dopko with resisting q public
officer
Cases Continued.
The case OF John Toole, charged with
embez2lement by A. II. Irving, was
continued until December II; the case
of Il. j. Smith, embezzlement, Charles
w. Morris, prosecutor, to December 16,
and Michael Rusiniak, perjury, A. r.
Matthews, prosecutor, until December
49,.
Isaac James, of Olyphant, was tried
on Il charge of committing an assault
and battery on his wife in July last.
He had been away in York state work.
ing for eight weeks, and upon his re-
turn his wife said they went down
town TO buy some clothes for him.
Upon their return he wanted her to do
something for him, and when she re-
fused he struck her and knocked her
down. In falling she struck against Il
stove and was seriously hurt. Her
mother, Mrs. Evans her brother,
Daniel Evans, and Miss Gwennie Will
ians, who We're in the house, cOrrobor-
ated her testimony.
James denied that he assaulted his
wife. He said that on the night in
question he bought IA quart of whiskey
and took it home with him. Himself
ard wife and their guests partook OF it
until they We're all feeling very merry.
His Wife was striking at him. and he
pushed her away from him and she fell
against the stove. He did not strike
her and had no intention OF injurlng
her. The verdict was not guilty, and
the costs We're divided equally.
GustaVe Whisky, who lives on Mooslc
street South Scranton, and is employed
IN the LackaWanna ear shops, was
tried for committing am assault and
battery on his wife. Stanley Stawney,
his step-son. WAS the prosecutor. The
wife's testimony was that on August
~ Whisky, when he returned from
work, complained about the supper ana
then took mp II stick and beat her
with it,
Had Different Story.
t1lS story WdS somewhat ultteient.
Though they kept u COW, he said, his
wife had sour milk for his supper. He
scoded her about this, and his wife
took up u pail to strike him with. He
took 1t away from her, and she then
went out in the yard and picked up Il
stick This he also took away from
her but he did not strike her. The
verdict was not guilty. and the costs
We're divided equally between prose-
cutor and defendant.
Philip Walien, OF Archibald, was tried
before Judge Newcomb for selling
cutor was Constable William Dougher.
Walien's place is in the Third ward of
Archibald, ard a number of witnesses
testified TO having purchased intoXi-
eating drinks there from the defend
ant. Constable Dougher testified that
he bought liquor at Walien's place in
January, February, March, April and
at other times during this year, but,
nevertheless, in his returns TO court in
March and June he swore that no
liquor was sold illegally in his ward
The return to court in Waliens case
was not made until September S. Dur
ing the strike, Waiien worked at a
Delaware and Hudson mine, and gave
drink to other men who worked there.
This stirred up Constable Dougher's
sense of justice and he reported that
Walien was violating the law. No evil
dence was offered upon the Dart of the