THE SCRANTON TRIBUNE FRIDAY MORNING, DECEMBER 7, 1894. LAST DAYS1 SALE OF. Rare -A: Carpets and Portieres '2V BY THE WELL KNOWN HOUSE OF V , This being the last week of our staying here, we will sell all the Fine Rugs and Carpets at an exceed ingly low price. A chance to buy Fine Presents, at a low figure. Besides we have a fine line of Japanese Rugs and Carpets, which we intend to sell at any price to save us packing. YARDUM BROTHERS fi CO,, PAPERS HAVE BEEN FILED Contest for the Office of County Treasurer formally Beyun. GK01XDS THAT AKB SPECIFIED It Is AIIcbc4 That .Muny Votes Oust for I'avies VVcro Counted for Schudt unJ That u I. urge Nu in her of. Illegal Votes Were Received. The contest of, Thomas X), Davles against Charles H.'Schadt fur the office of County Treasurer was formally be gun yesterday moriilng. Attorneys Taylor & Lewis, represent ing Mr. Davles, presented a petition to Judge Kdwnrds alleging that Mr. Davles was legally elected county treasurer at the election held on Nov. 6. Specifications charging that Illegal votes were cast In every district In the county at the last election were also contained In the petition. Judge Ed wards ordered It tiled on record and fixed Dec. 22 as the time for the hear ing lit the case. The petition asking for the contest is signed by: T. T. Morgan., Joseph D. Lloyd, R. H. William's, John Hale, John T. Williams. John II. Williams, D. M. Jones, Dr. J. J. Roberta. Robert Armstrong, Morgan J. Williams, Will lam Deekelnlck, Lewis Roberts, Elijah Dagger, Edward James. John J. Mor gan, John S. Jones, Thomas m. Wat kins, R. J. Protheroe, T. H. Jones, Will iam Price, Edward T. Jones, John J. Davles, Daniel Moses, 11. Hughes, Frank' N'lchter, Joseph T. Hughes, William S. llynon, Thomas Marshall, William M. Davles, R. J. Hughes. John Molr, Daniel T. Morgan, Daniel J. Evans, A. I!. Eynon, Evan P. Davles, J. J. Evans. Samuel Laville, Isaac R. Harris, D. D. Evans. John D. Phillips, Koger Evans, John F. James, William J. Jenkins, Daniel Boland. David M. Thomas, Richard Colan, Robert Salter, Richard Owens, David Jones, Thomas Johns, John J. Evans, John Ilendler, M. L. Rlalr. D. M. Jones, druggist; W. (!. Powell, Daniel Williams, Joseph Reynolds, David Jones, J. E. Jones, Evan J. Evuna, T. Ellsworth Davles. Charges That Arc Made. It sets forth that at the election on Nov. 6 Charles H. Shadt was returned as having received 13,1"p3 votes, and Thomas D. Davles 18,133 votes. The computation, -it Is alleged, is. a false one and the election undue and illegal. Mr. Sohadt, the petition recites, did not receive more than 13,002 votes, while Mr. Davles received 13,258, giving the latter a plurality of 256. It Is further set forth that votes were received and counted for Mr. Sohadt from persons not qualified voters, be cause they had either not resided In the' state or election district long enough, had nut paid a state or county tax within the time required by law, were not citizens of the United States, had not been assessed, were not legally registered, or made defective affidavits. It Is charged that returns from elec tion districts were not sworn to, that names were added to registry lists on day of election; that the election laws were disregarded and votes recelvd from persons without first making them submit the necessary proofs; that votes were cast by the same person. in more than one election district; that votes fasts for Mr. Davles were re Jeoted and others cast for him were counted for Mr. Seliadt. It Is- speci fically set forth that In each of the 138 election districts, . of the county from five to fifty Illegal votes were cast. Order byjudgo Edwards. After considering the petition, Judge Edwards dlreoted 'that It be filed, of record and that a hearing be set down for Saturday, Dec. 22, at 9 a. m. Notice of the filing of the petition and a copy of It to benerved on Mr; Sohadt. at least ten days before the time fixed for the hearing. The affidavit was sworn to on Wed nesday before Alderman Owen D. Jones, of the Fourth ward, Uy A. li. Eynon, David Jones,- Thomas Johns, John J. Davles, 11. J. Hughes, William Price. M. L. Bluir, W..O. Powell, T. H. Jones. 'Daniel Williams, D. M. Jones, Joseph Reynolds, David Jones, Edward. T. Johns.' Evan J. Evans, T. Ellsworth . Davie. 28c, finest fresh creamery butter. Coursen. OUR The Great Blood Purifier and Liver Regulator. 200 DAYS' TREATMENT, $1,00 ;(POMPOSeDOF! . And will Ponltlvdlr eftra all disease arising from IMPURE BLOOD, LCH AS Rheumatism, Kidney Disorder, '-. Liver Coniplulnt, Sick und Nerv ous. Headache, Neuralgia, Dys- ficpslu, Fever and Ague, Scroti! a. Female Complaints, Erysipe las, Nervous Affections, Catarrh, and all Syphilitic Diseases. E. JI. IIETZEL, AGENT, ' '" 330 LACKAWANNA AVENUE. - Call and Get Circulars NATIVE HERBS Bu ll ROOTS Oriental Rugs, TAnUUM UKUIHtKS&UU 218 Vtaine Ave. !S Ju'UKSK 218- Wyoming Avenue IX LOCAL THEATERS. William Calder's company. In Sutton Vane's realistic inelodramu, "The Span of Life," will be given at the Academy of Music on Friday evening. The play was brought to these shores last season, and upon its original production In New York It achieved considerable suc cess. "The Span of Life" Is Its author's first play to be presented outside of his native lend. The story Is said to be Intensely English, (he characters alto gether racy, of the soil and sufficiently varied to give interest to the play. It Is constructed on melo-dramattc lines. The author wisely retalns-hls. principal scene until the fourth act, reserving the fifth act for the Inevitable righting of all tile wrongs that have characterized the preceding acts. . MM' At the Academy of Music on Saturday evening William Collier, the quaint comedian, will appear in a role wholly unlike the farce comedy parts that have made him so great a public favor ite. His new play, "A Back Number," Is a-comedy drama In three acts, writ ten for him by Edward E. Kidder, au thor of "Peaceful Valley," "A Poor Relation," etc. The story Is a pastoral one, und the scene Is laid In an Ohio village. Mr. Collier assumes a dual role. Uenjauiin Bennett is the village schoolmaster, stMn of ' purpose, thoroughly conscientious, and in these hustling times " A Back Number." Ills brother, Shiftless Ike, Is of a bibulous, genial turn, and Is out for fun or a fight. In these two parts Mr. Collier shows the wide range of his talent as a mlrth-mnker. There Is a pretty love story of the reward of virtue and the overthrow of vice, which presents sev eral scenes of strength and pathos. II II P ' On next Monday and Tuesday at the Frothlngham will bo presented for the first time in this city, "A Trip to Turkey," a farcical operetta by J. W. Kelly and Wayne Ellis, comprising over thirty artists. It is an extremely bright entertainment, 'enlivened by catchy, sparkling music and refined specialties besides ballet. The cast Includes surh popular artists as Richard Oorman, ueorge u. Melville, Maurice Hageman, Harold Hartzell. Frank G. Mack. C. v. Lynn and Misses Florence Ellis, the fantastic danseuse; Donna Dean and little Irene Franklin, the phenamenal child artists. II II II "Blue Jeans." Josenh Arrh est play, 'has been given over 400 nights in ew york city. 108 n Chicnc-n ami seventy-live In Boston. Exactly as It was seen In those cities will it be seen here at the Academy of Music next Monday evening. The village band, "The Rising Sun Roarers." will h. there to make music for those who at tend, and the mill hands' ouartettp will sing several songs. The comlnir of this play will be an event of Buoh interest us will call out as large an audience rs this theater has seen In a very long time. , . ' II 11 II On Tuesday evunlnir at tho Afn.lomv of Mimic Richard Mannfield und his superb stock organization will appear for a brief engagement of one night. The mere announcement of Mr. Mans field's coming, is sufficient to fill thn theater at uny-time,, but the announce ment that he will present the greatest characterization In his extensive reper toire cannot full to arouse more than passing curiosity. This character whh Mr. Mansfield's first great BUccess and still remains his most popular one. Mr. Mansfield's company numbers thirty eight people and all the scenery, acces sories and embellishments are carried for the production of "Beau Brummell." This Is the greatest event of the current season, and early application should be made for places. The advance sale of seats commences Saturday morning at 9 o'clock. .,.r'r.,l"'e Framing at arlflln'a new studio. 209 Vt yomlng avenue. Auction sale every afternoon at 2.30 ami 7.30 at Kreemah's, corner Penn avenue and Spruce street. Col. L. M. McKee, auctioneer, . Griffin, photographer, removed to his new studio, 2U Wyoming avenue, ground floor. Muslo Hoses Exclusively. ' Best made. Play any desired number of tunes. Gautgchl & Hons, manufacturers, 1030 Chestnut street, Philadelphia. Won derful orchestral organs, only $5 and 110. Spoclalty: Old music boxes carefully re paired and Improved with new tunes. vrhen Baby was tick, we gave her Caitorta. When alio wot a Child, ah cried for Costorla, '. Whan aha became Hiss, aha elung to Castorla, When ah had Children, ihe (are thou Uaatoruv CASE IN THE JURY'S HANDS Twelve Men Are Now Deciding Iranz Ifczck's Fate. ' What will he the -verdict? Closing Day of the Notable Murder Trial. Pleas of the Attorneys-Judge I'd ward's Clear, Unbiased Charge to the Jury Last Night. Murderer Franz Bezek's fate rests now in the hands of the twelve Jury men. Constable Philip AVilliams, of Olyptwint, Who took Bezek from justice of the Peace Cumming's office after the hearing to the county Jail, was recalled to the witness stand when court opened yesterday morning to testify regarding the wounds on Bezek's chin and he swore that he did not see anything like a bullet wound but u small scratuh was there. This closed the case and Attor ney Colborn presented twenty-one law points to court and argued their ad mlssabllity. The commonwealth never presents any law points, but District Attorney Kelly argued strongly on the points of 'the defense. Judge Edwards took the papers and passed upon them In his charge to the jury. The entire day was consumed with the arguments of the attorneys. At 4.30 District Attorney Kelly closed his address to the Jury and court adjourned till 7.30. An abstract of tho law points, which take up ten pges of solid typewritten paper, is here given. The first one maintains that It must be proven be yond a reasonable doubt that the kill ing was willful, deliberate and pre meditated. In the absence of uny of these Ingredients a verdict of murder in the first degree can not be Justified. The second ataites that If the Jury be lieves that ithe killing was done while the ugent was In au unbalanced state of mind brought about by the persist ent refusal of the, girl to marry him, he could not form . premeditated inten tion and cannot be" convicted of first degree. The third point suggests that the law lias fixed the grade- of murder at second degree wheretheact.lsproven not to have been done In the heat of passion, aroused by the woman's're fusul to become his wife, or If there is a reasonable doubt that the murder was premeditated and wilful. Question of Passion. The fourth says that the jury must be convinced that 'the defendant did not commit the murder through the result of a- sudden passion before murder In the first degree can be justified. If the Jury finds that the killing was the re sult of a sudden passion, caused by a provocation, however slight, acting upon a mind unbalanced, the verdict must be for the lighter grade of second degree. According to the fifth sudden ness is opposed to premeditation, but yet from the swiftness of humun thought there Is no time too short for a wicked man to form a design to kill, still the jury must be convinced from the evidence that there was sufficient time to plan and premeditate, Sixth, It rests upon the commonwealth to prove that 'homicide, though It may be a murder, Is of the first degree. A malicious, willful, deliberate and pre meditated manner must be proven which would indicate a deliberate in tention to kill. Seventh, Before the Jury can find a verdict of murder of first degree it must be convinced beyond a reasonable doubt that the defendant meditated upon the thought and then proceeded upon a deliberately formed determina tion to commit the act. Upon the eighth point the Jury must be satisfied beyond a reasonable doubt from the evidence In the case that the mind of the defendant was not so affected, thus unbalancing his mind as to render him incapable of a deliberate premeditation us Is necessary to constitute murder In the. first degree. The ninth avers that to constitute proof beyond a reasonable doubt such as will justify a first degree verdict that the evidence must produce In the minds of the Jury an abiding con viction backed up by a morul certainty that the defendant's mind was suffi ciently clear and not at the time cloud ed by temporary Insanity. The tenth Bays that the degree Is reduced from first to second by the law In homicide cases, If the Jury believes that' the de fendant's mind was so clouded as to render It Impossible for him to complete a design In his mind of deliberate mur der. Eleventh says that the intent to take life with a full and conscious knowledge of the purpose to do so Is the distin guishing criterion of murder In the first degree. By the twelfth point Is quoted the statute which constitutes a first de gree homicide only when the act Is and must be voluntary. The Other Points. The thirteenth Is a strong state ment and says that the jury must re concile the circumstances under which the killing took place with, the prison er's innocence of a deliberate and pre meditated Intent to kill, und they must do so before they will be warranted In finding a verdlot In the first .degree. The fourteenth! point was not. pre ceded. Fifteenth, the jury cannot lind a first degree verdict If they believe from all the evidence that the prisoner was so much under the Influence of frenzy as to be unable to form a pre meditated attempt. The sixteenth deals with the subject of partial Insan ity and states that If the defendant was capable of distinguishing between right and wrong and yet laboring un der the partial Insanity hallucination or delusion which drove him .to , the commission of the deed he is not' re sponsible for the commission of the act. as these coupled with the power of discrimination between the right and wrong is an excuse for crime. That point Is an extract from an opinion of Chief Justice Gibson, commonwealth vs. Moster. The seventeenth says that the pre sumption of law where death results from the use of a deadly weapon the grade rlBes no higher than second de gree and that to make It first degree the commonwealth must show by testi mony so clear and conclusive beyond a reasonable doubt that all the essentials of murder In the first degree had an existence lh the mind ot the defendant when the act was committed. Eighteenth, That no positive evi dence has been produced by the com monwealth to . prove that the killing was premeditated, and that the ab sence of such Intent arises from the circumstances under which the killing took place. The Jury Is asked tinder the nineteenth to decide whether the revolver was purchased by the defend ant for the purpose of taking his own life, and if the murder was committed In the attempt of the defendant to carry Into execution that purpose, he cannot be convicted of a higher grade than Involuntary manslaughter. Twentieth, If In their deliberation the Jury finds two theories, and one, If fol lowed, would tend to convict the de fendant, the , other, If followed, , al though not so clear, would point to Ms Innocence, they are bound to adapt the one pointing to his innocence-- ', The twenty-first and last states, if the Jury In their deliberation find evi dence that would create a reasonable doubt or defendant's guilt, they are bound to give the defendant the bene fit of the doubt. Or If from any and all the evidence taken together, a reasonable doubt of the defendant's guilt Is raised, either as to the degree of crime or the commission of the crime itself, he should have the bene fit of the doubt, r On these points Attorney Colborn and District Attorney Kelly argued before court, after which Attorney Watson addressed the jnry for the defense. He closed his argument at noon and when court convened In the afternoon Attor ney Colborn began addressing the Jury In behalf of the defense. . . Attorney Colborn's Plea. If the Jury was not convinced by the arguments for clemency In behalf of Bezek they could not help but be charmed by the Irreslstable flow of Mr. Colborn's eloquence. He reviewed the testimony of Mrs. Kramer and Bald she had perjured "herself on the witness Btand In order to shed the blood of an Innocent man. Bestek? bought the re volver to kill himself; the evidence of the bullet marks on his chin, the testi mony of Dr. Parke, and the statements of the defendant himself, all agree on that point. These facts could not but raise a reasonable doubt In the minds of the Jury. it Is not a case, he said, where malice or prejudice should bias a verdict; al though the defenduht sat as one dumb through the trial, not understanding a word of English, away from his home, parents and friends and without a cent of money In his pocket. He did not ask for mercy, but Justice, and a ver dict less than that of first degree would not compromise truth or sacrifice jus tice. God In creating man hesitated, but Mercy down upon bended knees, said, "God, make man," and God having made man, said, "Go; you are a child of Mercy and deal likewise with your fellow-man." If public opinion and Idle curiosity In a court of Justice demand an Innocent man's blood It Is not, he said, the province of the twelve men to pay heed and shape a verdict on that plea. The defendant's life Is In your hands and let your verdict be what your consciences will dictate in justice between the prisoner at the bar and the commonwealth of Pennsylvania. .District Attorney Kelly took up the remainder of the afternoon on behalf of the commonwealth. He congratu lated the .court, jury and all connected with the case that Its termination was approaching. He then began slowly, conclusively and logically to draw from the evidence in the case a seemingly unbreakable chain of guilt around the defendant. He pictured how the heart of Bezek became filled with malice when he first was told that Mary would not marry him. . Malice made him decide to do some thing desperate and he bought a re volver. If the defendant wus insane or not In his right mind, Impelled to 'de stroy himself by IMary's refusal to marry, him, why did he haggle with Hardwareman Lally over the price of the revolver. Mr. Kelly read the law of murder In the first degree to the Jury and explained the different passages. He lashed the attorneys for the de fense for their assumption that Mrs, Kramer and other witnesses of the commonwealth perjured themselves. Bullets All Accounted l or. Two. bullets, were found In the revol ver, one was found by Coroner Kelly in the dead girl's brain, and two were found Imbedded In Hie wall, one five feet from the floor, the other about eighteen Inches. These completed the five bullets In the' revolver, and tho question is, where Is the bullet that Is supposed . to have wounded Bezek's chin, which would have struck the celling? Mr. Kelly said he did not wunt to discredit Dr. Parke's testimony, but he muy have been mistaken In his opin ion that the wound was from a bullet Mr. Kelly used this argument to show that Bezek had at no time attempted or intended suicide. If Bezek Is Insane the verdict should be acquittal, but In sanity Is the only haven of refuge when all other avenues of escape are shut off, Bezek had sanity enough to drive a hard bargain for the weapon- and Mr Lally, who sold It to him, testified that he was perfectly cool, in concluding Mr. Kelly told the Jurors to give the case their consideration and arrive at a verdict based upon their consciences and the evidence. Judge Edwards ad journed court until 7.30 o'clock in the evening. The closing chupter in the trial was Judge Edwards' charge to the Jury be ginning ut 7.30 last .night und lasting just an hour, The court room was A A Pain-Racked Sufferer Tells mi Interesting Story. How He Wus Tortured for Years und Finally Cured by n . Munyon's Remedy. Charles Wark, of 14 North Twenty fourth streetf Philadelphia, has been a constant sufferer from rheumatism for years. He was cured by the use of Mun yon's Rheumatism Cure. This Is his story. "I was afflicted with rheumatism In the right shoulder and suffered the most excruciating agony. Sharp shoot ing pains darted, through It so Intense I could not sleep nights. Even the weight of the, bedclothes was more than 1 could hear; neither could i lie on the right Bide or on my back. Life became a perfect burden to rno. . I could not raise my hand to my head, and when I attempted to put on my coat or any article of dress, the. torture was enough to drive me wild. Many remedies were suggested and tried, but none did me the slightest good, and I begun to de spall' of ever being able to obtain re lief. Some time ago, however, 1 pro cured a bottle of Munyon's Rheuma tism Cure. It afforded me relief after the first few doses, and by the time the little 25-cent bottle was gone I was entirely free from pain. I have had no return of my old enemy, and I feel satis fled I am permanently cured. It seems so wonderful I can hardly realize It, and can only show my appreciation of the merits of tho cure by recommend lng It to other sufferers." . . . . Munyon's Rheumatism, Cure Is guar anteed to cure rheumatism In any part of the body. Acute or muscular rheu matism cured In from one to five days. It never falls to euro sharp, shooting pains in the arms, legs, sides, back or breast, ot soreness In any part of the body In from one to three hours. It Is guaranteed to promptly cure lameness, stiff and swollen Joints, stiff back, and all pains In the hips and loins. Chronic rheumatism, sciatica, lumbago or pain In the back are speedily cured. Munyon's Homeopathlo Home Rem edy company, of Philadelphia, put up specifics for nearly every disease, which are sold by all druggists, mostly for 25 cents a bottle. LIFE 1 BURDEN crowded densely arid during the charge of the court there was not a whlsuer. Everv Sentence tlm't fell f rnm ' f he judge's lips was listened to with breath less attention. The charge Included every ' available circumstance that tended to caBt a reasonable doubt around premeditation of the murder. Law Points Passed I'pon. In Dasslne UDon the law noints Judge Edwards affiirmed all but three, the fifteenth. seventeenth and eighteenth. The third and fourth polr mts he qualified so far as the evl dence bore unnn them, which wna n question for the jury. After giving the case into the hands of the Jury Judge Edwards said there would be no court this afternoon because of the funeral of the late D. W. Connollv. However. he would be In court nt 8.30 and If they had agreed upon a verdict court would receive it. After that there would bo chance for them to render their verdict, If they Bhall have acreed uiion It, before 1.30 this afternoon The ile- clslon of the Jury will be awaited eagerly. In heglnnlne Judifo Edwards quoted the law of Pennsylvania on the different grades of murder, after which e spoke In part as follows In revlevv ig the testimony of the case; "Gentlemen of the lurv. vou will find two Important facts that cannot ho disputed. That Mary Kerzic received a pistol wound from the hands of the de fendant, which caused her death; and that the revolver was purchased by m the morning of the shootlnir. The representative of the commonvvenlth contends that the' circumstances sur rounding the shooting Justify you In iinuing only one verdict, that of mur- ler or tne first degree. It 1b shown that th le defendant, when disappointed on count or the refusal of the woman to marry him and her determination to marry another man, became Inspired wun tne spirit of revenge; that he pre pared himself deliberately to carry out murderous numose and went to Lally's store on Mond.iv evpninir n purchase a revolver and hesitated only on account of a difference of a dollar nd a half In price: that he went hnek to Kramer's house, slept there Monday night, arose Tuesday morning, pur- naseu the revolver and loaded It with cartridges und within the space of an nour s time went back to the house and on being refused marriage again by tne girl, shot and killed her. The rnm. monvvealth contends that the stances of the shooting are consistent wun no otner hypothesis than that of muruer in the first degree. Claims of the Dcfcnso. "I Will now Call VOUr attention In tho testimony for the defenuo Tho ,lo. fendant by himself and counsel admits tne purchase of the revolver and that Mary Kerzlg came to her death by means or a shot fired from this re volver in the hands of the defendant. Ihe defense is two-fold. It is eimten.l- ed that the firing of the fatal shot was accidental; tihat while he was about to commit suicide and hud the revolver under his t'hln, the girl took hold of his arm and that In the scuffle that ensued the shots were fired and Mary was killed. The defendant also contends that the condition of his mind wna that he was not responsible for his acts, that his mind was unhinged and that he did not know the consequences of his act. The question will naturallv rernr tn you, was the shooting and killing of Mary Kerzlg an accident, as claimed by Che defendant? If It was, then the defendant cannot be convicted under this Indictment. The evidence on this purt of the case is in the muin that of the defendant. I need not repeat It to you. If you find that the killing was not the result of accident, then was the defendant Insane when he committed the act, and unable to distinguish be tween, right and wrong? The law pre sumes every man to be sane. Sanity is I OF SCRANTON. WILLIAM CONNELL, President. GEO. II. CATI.IN, Vice-President. WILLIAM II. PECK, Ciuuler. DIRECTORS: William Connell, James Arehbald, Al fred Hand. George II. Cutlln, Henry Ilelln, Jr., William T. Smith, Luther Keller. The management of this bank points with pride to Its record during the panto of I8U3, and previous panics, when spec ial facilities were extended to its business accounts. Maloney Oil and Manufacturing Co VINEGAR AND CIDER., .41 to 151 MERIDIAN ST, Instruments In every sense of tne term I applied to Pianos. Exceptional in holding their original ful ness of tone. NEW YORK WAREHOUSE, No. 80 Fifth avenue. SOLD BY E. C. RICHER & CO 1 115 Adamt Ave.New Telephone Bdg ROOF TINNING AND SOLDERING All done away with by the uae of HART MAN'S PATENT PAINT, which consist of Ingredients well-known to all. It can be appHud to tin, galvanised tin, sheet Iron rood, also to brick dwelings, which will prevent absolutely any crumbling, crack ing or breaking of the brick. It will out last tinning of any kind by many years, and It's cost does not exceed one-fifth that of the cost of tinning. Is sold by the job er pound. Contracts taken by AMTOMO HARTMAAN, 621 Birch St. III a man's normal condition.' If a defend ant alleges Insanity, either partial or general, as an excuse for crime, the Jury must be satisfied from the evi dence that the allegation is true. "If you believe that the killing was not the result of accident and that the defendant was of sound mind when he committed the act, then your next con sideration will be as to the degree of his offence under the Indictment, now before us. What Must He Done. "The commnwealth must prove its case beyond a reasonable doubt. This reasonable doubt is Buch as remains In your minds after a full and careful consideration of all the evidence. The defendant Is entitled to the benefit of this reasonable doubt, and he Is en titled to It on every essential element of the commonwealth's case. If you entertain a reasonable doubt as to his guilt under either count of the indict ment, he should be acquitted generally; and If you should have a reasonable doubt astothedegreeof murder of which he is guilty, he Is entitled to the benefit of It. But, us I have said before, that doubt must arise from the evidence. "I am now about to submit the case to your final determination. I commend you for the patient attention you have given it from the beginning. Do your duty manfully, fearlessly and con scientiously. Do not allow pity, fear, Indignation or passion to cloud your Judgment or to swerve you from a Just verdict. Do not let the conse quences of your verdict prevent you from doing your duty. You do not make nor execute the law. Follow the evidence wherever It leads you, and of whatever degree of crime you find the defendant guilty or whether you find him not guilty of any crime, say bo by your verdict such a verdict as will receive the commendation of your own conscience." SALT RHEl.'M often appears In cold weather, at lurking the pulniB of the hamls and other parts of the body. Hood's Sar sapaiillu, tho great blood purlller, cures salt rheum. HOOD'S PILLS are the best nfter-dln-ner pills, asKist digestion, cure head ache. 2iic. WHEN THE The goods are yours at your own price, if you happen to be the lucky bidder. UNRESERVED AUCTION SALES ufC. V. Freeman's valuable and high class stock' of Diamonds, Watches, Jewelry, Silverware, liric-a-Brac, etc THIS SALE IS POSITIVE, as the store is rented, the fixtures for sale, etc., and Mr. Freeman positively retires from business. AUCTION SALES 3.30 AND 7.30 P. M. Private sales at less than cost price during the intervals between auctions. COL S. M. McKEE, AUCTIONEER. Moosic Powder Go, Rooms 1 and 2 Commovealtti Bld'g, SCRANTON, PA. MINING and BLASTING POWDER MADE AT MOOSIC AND RUSH DALES WORKS. Lafllln & Rand Powder Co.' Orange Gun Powder Electric Batteries, Fuses for explod ing blasts. Safety Fuse and Repanno Chemical Co.'s High Explosives AYLESWORTH'S MEAT MARKET The Finest in the City. The latest improved furnish- in as anil .in:.ir;itn for liipnino r - n- II --f ft meat, butter and eggs. 223 Wyoming Avo. SHAW, EMERSON, KRAKAUER, NEW ENGLAND, ERIE. mm m hi:; 1 J. LAWRENCE STELLE, Musie Dealer, 134 Wyoming Avenue, Scranton, ' w v ninniPFimiP have vour V " WAGON MAKERS' , 'MM SUP,ES- lh pnhpnilpr 5 h Sharpening, . 1 ) ) f I HI V Detachable f f U V WW UU VA UU V I HORSE SHOE l CALKS THB Convalescent AND Over-Worked Need Proper Nourishment. In these cases Bovinine is indispensable ; being so perfect a nutrient, it is easily digested ; acceptable to the most delicate stomach, it quickly restores strength, flesh, and color. largely increases the number of red blood corpuscles over eight per cent, a week expands the muscular activity, nour ishes all the vital organs, and is recognized by the medical profession as the greatest flesh producer known. Contains no medication. Endorsed by 15,000 physician!. Sold by all druggliti. THE BOVININE CO., NEW YORK. II I TESTIFIES TO DR. HACKER'S TREATMENT OF AS I WAS. AS I AM. I Rive the following utatement unaskod. I have been a sufferer for so long a tinm anil have spent so much money with so culled specialists and each time have been disappointed and mlBled, that it was with a Kuoii ileul of doubt that I called on DR. HACK KH. But knowing of some of the cures he made In this city four years bko, and the confldciice of the piople of Scran ton In him then, I resolved to try him. H was a lucky move for me. I was troubled with dizziness, spots floating be fore my eyes, bad dreams, melancholy, easily startled when spoken to, no deslro to exert myself and tired on the least ex ertion, especially in the niorniiiK; had no pleasure In company; very nervous and altogether was a complete wreck. Hut thanks to DR. HACKER, I um today a well man. I would advise all young men suffering as I did to call Immediately: in 45 days I gained in flesh 18 pounds. For obvious reasons 1 prefer to withhold my name, but if any who suffer will call on DR. HACKER ut the Lackawanna .Medi cal Institute, he will furnish my nama and address. NO CURE, NO PAY. EXAMINATION FREE and conducted In Uerniun, Welsh or English. Send for "Our Rook" on nervous dis eases of men. Ortice, 327 Spruce street, Scrunton. OFFICE HOURS-8 a. m. to 8 p. m. Sunday, 1U a. m. to 2 p. m. "WELL, SIR" "Spectacles 1" Yes sir I We have a specialist here to 6t you who docs nothing else. Sit right down ' mA t,:.,.. ........ wpMMWMMwM auu uaic juui I I if ' e)CS CUed 1U ' ' scientific manner. LLOYD, JEWELER, 423 LACKAWANNA AVENUE. A Handsome Complexion la one of the greatest charms a woman can possess. PoaxoNi'a Complbxion Powosa gives it. f CLOUGH & WARREN, CARPENTER, WATERLOO, CROWN, I PALACE. SUPERIOR TO ALL OTHERS. Also a Full Line of 9 Scranton, Pa. The Original Raw Food GRATEFUL PATIEN ins mm of w in eft hl.UI.R.MilllN.N UN I