Evening journal., 1918-05-14
HIS own COUNSEL,
He wins ACQUIITAL
John Mitchell Proves Him
self Innocent of Highway
Robbery Charge
LAWYER MAY BE
OUT HIS $3.50


eral Sessions Court today resumed iis
work upon The May term criminal
docket. setting in both courtrooms'
Judge Rice IN No 4 and Judge hoisel 10
No. 3
Before the former. John Mitchell. ac-
cusod Of highway robbery upon Horace
johnson. Of 92 West Fourth street
on The night OF April 30. was found
not guilty. The prisoner conaeostu
/ his own defense, slaunchly asserted MS
! innocence. and said he was only trying
! 10 prevent nght from being StaSeo
on Shipley street. ,,.
storv and the evidence OF his witnesses
because ID was out only about half an
hour returning with its decision TO ac-
olH the defendant Judge Rice 10
freeing Mitchell. remarked That ne
would do well 20 keep away from bsd
company and saloons, which seemed
TO have caused his trouble
The next defendant 10 60 TO Trial
before Judge Rice was Walerlsn Ducn-
laikie,yicz. accused OF embezzlement as
bailee. i'm having misapproprated
check which was me property OF An
tonic Tcherkovsk The case, as it De
veloned proved TO be a most novel
one In eject. TcherkOvskls desu-
monv was that ne had received a chech
Tor s3Q6 30 from the Prudential In
surance Company as payment or
nolicv upon the life OF his wife, wne
b had died Duchatkievicz, he said
knew he had this check and came t(
him with an offer TO help him get u
- casbed. TcherkoVski said DuchathieW
] icz took ihc check from him and 10
! gether they went ip what TcherkoN
sh called "the court house wher'
! DuchatkicVlcz lefi him on the groun'
|, floor and went upstairs, after hrsi nav
r ing gotten him 10 endorse the chech
n Later The defendant came to him ant
n said he would FIX things up tomor
e. row " Tomorrow didn't come as ia
r a. fixing up was concerned.
What became Of the check wassdis
d closed when Henry r. lsaacs, atiorne,
y was called 10 the stand. He said som
IS iime before Duchatkie'yicz was IN Dan
J, ger OF having certain OF his possession
l. sold because of the foreclosure OF
r. Mechanics Lien against him ana u
T. called upon him 40 help him raise IN
e money. Mr.. Isaacs told him 10 81
some c.f his friends about the matte
Ie and later the defendant came back
ID him with 500 cash and a check draw
by another person on New lork nan
m for $3.50 he finally succeeded tn Goa
I'd lne Mr.. lsaacs 20 advance him the a.
Ference between the aNount or "
money due on lhc foreclosure.
Issacs took the check and the cash al
gave DuchatkieNSicz his personal che
Tor S7O316. The New York check ca.
Id hack protested and Mr.. lsaacs fou
~ himself out the $3.50 70 represented 3
n-oft fees and the.money he advance
hei Very naturally he got after Duch
"a kiewicz 20 obtain a settlement. A u
In days later Duchstkevicz came to n
yl- while he was In court and gave n
* the Tcherkovsk check as part n
ie men; Of his indebtedness.
fe- Duchatkiewicz's defense was u
90 Tcherkovskfs wife had borrowed s.
he from him some time ago. wherewith
ct. pay taxes and other debts and q
INT Tcherkovski had given it TO him In n
Dr. pavment. he gave a lengthy recital
r. The borrowing Of the money by NJ
rue Tcherkovski and her acknowledge
bb OF the debt in a written paper TO VIII
no she signed her name by making
to mark. The witness TO THIS was the I
JON PENDANTS wife.
.h At Mrs Tchorko,skis death. tho
'a- sendaui said Tcherkovsh az first wal
cd him 90 take over $500 inter-
~ Tcherkovski had I'm his home payi
ps TcherkovsH had i'm his home payil
W for ID by clearing or Mrs. Tcherkoysl
~, $500 Indebtedness and giving the b
IVY, ance i'm cash. Duchalkrewicz said
tn hadn't the money and then later Tch
81" f--...ft 4-...- him fhn rhrrl
II Cross examined by Mr.. Rsinhardt
inu denied that the acknov Judgement
49, debt bearing Mrs TcherkoVskis alel
we marx was "nxed up" after her dea
80 or that the transaction bad been al
oet thing but proper and just
n' Mrs. Duchatkrewicz was called a.
10, witness by her husband. she SAID
ibo reply to Mr. Remhardts cross exam
.ere alton that she had written The ackno
rt, edgment but that Mrs. Duchatkie"
ssa had signed II with her mark.
Harry p. Joslyn, called as a with
hol by Mr. Relnhardt testified that the
Sis. fendant had sued Mrs. Tcherkovsh
~ debt and that ne had been paid
.ha did not believe she owed him any mi
can lie said Duchaikiewicz's reputation
tho truth and honesty was bad.
Case was sim on when a recess
taken.
Mitchell was charged with high'
IN robbery upon Horace Johnson, OF
~ qO2 West Fourth street, on the nj
Of April 30
When Mitchell was indicted anoi
mes man. John Vanderbilt also was ind
rom ed on a similar charge but he plea
ays guilty last week 90 a charge or assa
lose which plea the state accepted. Mitcf
ich- however. stuck 90 his plea OF not glii
list Johnson. under oath today, said
f., Z on the night In question he had h
dis in a saloon at Second and shipley
and when he entered the place had
IN his pockets. When he left he
ants spent only about 80 Of 70. the rem
san der being in loose bills In the in
70 pocket Of his coat Mitchell and
pri- degrift. ne declared, followed him
m. of the saloon. and alittle distance mp
ave street ihercfrom Nandegrift kno'
B. him down and Mitchell throttled
lim- with one hand and went through
ago with the other Five OF his S2s, al
nuel loose bills. were put back as Police
mn. lpevinney came upon the scene.
Lam Mitchell conducted his own cross
mn. animation OF the witness, having
Ia: LAWYER To- defend him. but failed
Wis shake Johnson's testimony in any
tcular.
n 2. patrolman Deyineny testified ths
r. n. had seen the affair, and one Of the
kels- he saw going through JOhns0n's clio