The Scranton tribune. (Scranton, Pa.) 1891-1910, December 07, 1894, Page 7, Image 7

Below is the OCR text representation for this newspapers page. It is also available as plain text as well as XML.

    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