TUB FCDAHTOIT u TBTBUNE 8ATUBIWCY HOBXINGr, JUOT 6, 1896.
What's' your ideas in Wall Decora
tions? Whatever they are we can
jlease you, as our stock is made up of
Jcsigns and colorings furnished by
many different artists, each with differ
ent ideas. In this way we can suit all
all tastes; the prices are as varied and
attractive as are the decorations.
See them at
'NORTON'S,
322 Lackawanna avenue, Scran ton.
33 So. Main St, Wilkes-Barrc.
SEED OATS,
Choice, Heavy, Clean.
Bone Fertilizer,
Kor Lawn.
Linseed Meal,
Lump Rock Salt,
For Horse and Cows.
We Wholesale Only.
THE WESTON HILL CO,
ICRANTON, OLYPHMT, CARB0ND1LE.
i of nils.
THE GENUINE
Hot the initials 0., B. CO. imprint
ed in aacb cigar.
OARNEY, BROWN & CO.,
' MANUFACTURERS, COURT HOUSE SQ.
SPECIALIST.
In Diseases of ths Lower Bowel, Hemorrh
oids. Fistula, Fissure, Prullls, Ulceration,
POPULRRPUNCHCICARS
It Etc, 308 Washington Ave., Opp. Tribune
Building. Office nours-9 to 13, a to 3.
WEEK OF COMIC OPERA.
Wilbur Company Hill Be at
till!
- Frothinghnm Theatre.
'The''W"llbur Opera company will open
av WWH n viiHUKViiirin at nit? j.' imuijiih-
nam nionaay evenmn. me cumjuinj 1.1
stronger than ever this year, strength
ened" by a valuable addition of living
(fctures.
r,NoUvlthstandinsr the ' enormous
amount of time, lubor and capital devot
ed- to the living pictures, the operas
have not been slichled in the leapt. If
anything, they have been elaborated the
coming season, and presented with a
perfection of detail. Kntlrely separate
and distinct costumes are worn in each
1 opera. '
At the request of hundreds of bis pa
trons, Manager Wilbur has this year
; revived the beautiful marches and en
tranclngr drills which were formerly
BUPh a feature of his productions, and
. reproduced them with an entire new
net, of. costumes, and with marvelous
.liffht effects. Twenty-four ftirls are
used to perform thr?e military evolu
tions, which will be Riven several times
during the coming week. The repertoire
.'fdr the week Is as follows: Monday
.'night, '"Two Vagabonds;" Tuesday
night, "Fra Diavolo;" Wednesday mati
nee, "Dorothy;" Wednesday night,
"Martha;" Thursday night, "Bohemian
Girl;" Friday night. "Boccaccio;" Sat
urday 'matinee, ."Marltana;" Saturday
. night, "Grand Duchess."
The engagement will open with a
matinea Monday admission free, but
only ladles admitted.
."We hove used Hood's Sarsaparl.la in
our family for several years and have
been highly pleased with It as a blood
purifier and tonic." Mrs. S. J. Van
Fleet, Wallsvltle, Pa. .
HOODS PILLS cure all liver ills.
Men's Elegant Russet Shoes
lor $2.60 and $3.00 at the Five Brothers'
-big cash store today, worth $4.00 a pair.
; Ask Your Dealer.
for McGnrrah's Insect Powder, 2S and
10-cent boxes. Never sold in bulk.
.Take no other. '
The New Lager.
Call for Casey & Kelly's' extra fine
lager beer. Be sure that you get It.
The beat la none too good.
j- tnjiy A--
OPINION IN THE
BOSCMO CASE
District-Attorney-John K. Jones Re
ceived It from Sapreae Court.
WAS WRITTEN BY JUSTICE STERRETT
Affirms the Clear, Concise ana Thor.
ongk Manner in M hirh District At
torncv Joaes Presented the Com.
monwentth's Case aad the Able
Charge of Jndge Uunstrr ta the Jury.
Justice Sterrett wrote the opinion
handed down In the Supreme court
Wednesday altlrmlng the verdict of
murder of the tlrst degree In the Bosch-
ino homicide espe. The opinion speaks
of the fair and Impartlul trial the de
fendant received, the clear, concise and
thorough manner In which the evidence
of the commonwealth was presented to
the jury and the adequate Instructions
given by Judge G mister as to the law
applicable to every phase of the case.
, The line of argument of District At
torney John R. Jones before the Su
preme court Is followed out by Justice
Sterrett. The justice in summing up
declared that the case was fairly and
correctly tried, and there appears to be
nothing in the record of. which the de
fendant hus any just reason to com
plain. District Attorney Jone3 received
the opinion yesterday and it Is as fol
lows: JUSTICE STERRETTS OPINION.
"This appeal Is from the Judgment of
the court below Imposing the penalty
affixed by law to the crime of murder
of the first degree.
"The defendant was Indicted In clue
form, tried and convicted of that felony
on testimony amply sufficient to dispel
every doubt as to the corpus delicti
and the existence nf all the 'Ingredients
necessary to constitute' the highest
grade of felonious homicide. Thi evi
dence tends strongly to prove that the
deceased, Frank Confortl, was the vic
tim of a wilful, deliberate and pre
meditated murder; and the only serious
question of fact for the Jury was
whether the defendant was the guilty
agent. The testimony adduced and re
lied on by the commonwealth to estab
lish that fact was not merely circum
stantial, hut also direct and positive.
Three of the commonwealth's. witnesses
testified. In substance, that they were
at or very near the scene of the alleged
murder, at the time It was committed,
and that they saw and recognized the
defendant as the person who fired the
fatal shot. If their testimony was be
lieved by the Jury, they could have
little if any difficulty In reaching the
conclusions of fact on which their ver
dict must necessarily have been based.
BOSCHINO DID THE SHOOTINQ.
"After testifying fully and circum
stantially as to what occurred on the
Sunday afternoon of Nov. 11, when the
deceased, the defendant and other com
panions were together, Including the
altercation that then occurred, etc., the
separation of the company shortly be
fore the deceased was shot, and the di
rection in which some of them went,
Antonio Imbriano, one of the witnesses
referred to, proceeded to say In sub
stance that he went up the hill towards
his home, and when he was near the
middle of the railroad he heard two
shots and saw the deceased, Confortl,
fall near the stump; that the3e shots
were fired by Boschlno, and two or
three minutes afterwards he saw him
fire three shots more; that at the time
the Bhots were fired Boschlno was In
the bushes, on the right side, and Con
fortl was on the path, walking towards
the railroad, In the direction of his
home, etc.
"Rocco Salvatori, another of said wit
nesses, testified substantially that he
saw somebody Boschlno, as he belle"ed
shoot from the bushes, and Confortl
dropped, and, as he fell, he uttered an
exclamation indicating that he was at
least sprlously wounded; that, as It ap
peared to htm, (the witness), Confortl
heard a noise in the bushes Immediate
ly before the shots, and turned, and, as
he turned around, he was shot: that at
first he heard two shots, and then Bo
schlno advanced a few steps and fired
three more shots.
CONKOUTI S BODY FOUND.
"John Myran, the third witness, ts.t
fled to havlns heard two shots, and he
then turned back e few rteps and faoed
somebody In front of him, who tired
three shots; that Boschino, the man who
firf d the three shots, ran towards the
Lackawanna railroad; that ho (witness)
was scarc l. ran in the bushes and came
to where Confortl was lying, looked at
the body and saw blood coming out of
the mouth, then went home and told
those who were there. He also testlled'
that when the first two shots were fired
Confortl, who was standing in the path,
fell, etc. . .
"According to the testimony of Dr:
Kelly, tlv? . coroner, he made a post
mortem examination on Monday, Nov.
12, and found a small, circular wound
between the serond and third ribs ot
the right edge of the breast bone, which
passed through both cells of the heart,
the. left ventricle of the heart and
through the root of the left lung; and
the bullet was found In the cavity of the
left lung, with considerable blood, etc.
He also testified that this bullet wound
was the cause of Confortl's death.
"It Is not our purpose, nor Is It neces
sary, to further summarize or refer spe
cially to the evidence. It Is sufficient to
say that the testimony above referred
to and a great deal of other evidence;
much of which Is purely circumstantial,
tended to prove not only the commis
sion of a wilful, deliberate and premedi
tated murder on the person of the de
ceased, but also the defendant's partici
pation therein, as claimed by the com
monwealth. On the other hand, the
testimony of the defendant himself and
other evidence Introduced In his behalf,
tended to show that he was not a parly
thereto; that at the time the fatal shot
was fired he was not at the place where
the shooting was done, but was then at
his own house some distance away from
j?
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1
410 Spruce Street
the scene ot the alleged murder. . Aa the
learned trial judge referring; to this!
branch of the defense very properly
said: 'If the defendant was at his own
home- when the fatal shot was fired, of
course he could not have fired It him
self.' CASE WAS FAIRLY TRIED.
."No question Is raised as to the ad
mission or rejection of testimony. We
are satisfied from an examination ot the
record before us that all the evidence In
troduced by both parties was properly
before the jury, and was clearly for
their exclusive consideration. It ap
pears to have been fairly and Impartial
ly submitted to them wtth clear, con
cise and fully adequate Instructions as
to the law applicable to every phase of
the case. Sixteen requests for Instruc
tions were presented by defendant's
counsel, In which the law, relating to
the burden of proof, the nature and ef
fect of a reasonable doubt, and other
matters pertaining to the defense, was
stated In terms msot favorable to the
defendant These requests were all af
firmed without any qualification, and
the jury were thus provided with a sate
and reliable guide In considering the
evidence and In endeavoring to arrive at
a correct conclusion as to the guilt or
Innocence ot the defendant. In addi
tion to that the Instructions contained
In the general charge were, as already
Intimated, fully adequate and substan
tially correct. In connection with these
instructions the testimony was impar
tially reviewed by the learned trial
judge, and the rights of the defendant
were carefully guarded.
"An examination of the record with
special reference to the nine specifica
tions of error all of which are to the
charge has failed to- convince us that
any of them should be sustained. The
subjects of complaint In (he first three,
together with the fifth and sixth, are
respectively excerpts from the charge.
In neither of these, severed as they are
from the contexts, does there appear to
be any substantial error. When read In
connection with their respective con
texts, every doubt as to their correct
ness vanishes. In other words, the
charge as a whole, Including the por
tions complained of, Is clearly correct.
THE FLIGHT OF DEFENDANT.
"The excerpt, relating to the flight of
the defendant, recited In the first speci
fication, was Immediately followed by
statements which brought Into view the
defendant's theory of the case. The
Bame may be said as to the third specifi
cation In which reference Is made as to
the alleged alibi. Indeed, the entire
paragraph from which that excerpt la
taken is substantially the language of
this court in Watson v. Commonwealth,
9i Pu. 418.
"It Is the special duty of the court
to call attention to discrepancies In the
testimony, and we are satisfied that.
In the discharge of that duty, there was
no error in charging as complained ot
In the second specification. Nor can the
court be convinced of error In not giving
Instructions that were not requested by
the defendant, and hence the fourth
specification should be dismissed. As
we have seen, the defendant's counsel
presented sixteen requests for Instruc
tion. If other instructions were deemed
necessary, they should have been re
quested. COURT BELOW IS AFFIRMED.
"We find nothing In either of the speci
fications that requires further notice.
The ense was fairly and correctly tried,
and there appears to be nothing in the
record of which the defendant has any
Just reason to complain.
"The Judgment of the court below Is
afiilrmed, and it Is ordered that the
record be remitted for the purpose of
execution.
DONATIONS TO THE HOME.
Gratefully Acknowledged by the Ofli
vers of the Institution.
The Home for the Friendless gladly
and gratefully acknowledges gifts
from the following doners:
Mrs. J. L. Stelle, fruit and Jelly; Mrs.
A. E. Hunt, (lowers; Mission Band
Grace Reformed church, bed clothing;
Charles D. Neuffer, 25 boys' hats; Jen
kins & Morris, hats; Guild of St. Hilda,
reading matter; Zeidler's bakery,
quantity of bread and cake; Mis. K. N.
Wlliard, clothing; Mrs. C. H. Lindsay,
quantity of clothing; Miss Janet .Storrs,
literature; Ethel and Fred Woolworth,
birthday cake; Mrs. W. H. Pcrkln3,
fruit; Huntington's bakery, quantity of
bread ond cakes; Mrs. Simon Rice, pro
visions; Rohrwasser's bakery, bread;
Mrs. William Shafer, reading matter;
Mrs. J. A. Robertson, medicine, fruit
and vegetables; Mrs. Edward Siebecker,
children's clothing; Eastern Star Lodge,
(Hyde Parle), Ice cream and fruit; milk
donated several times each week by
Mrs. C. P. Matthews, Mis. John Sherer,
Mrs. E. X. Wlliard, Mrs. Everett War
ren. Mrs. George Catlln; N. B. Ashley,
fresh fish: Mayor Bailey, box crackers;
Trinity Lutheran church, provisions;
Mrs. O. Ljons, enrpet rags; Mrs. D. E.
Taylor, (lowers; Alorel Bros., garden
plants; Mrs. R. W. Luce, Jelly; Mrs. R.
H. Frear, cake; Christian Endeavor so
ciety Second Presbyterian church,
qnnntlty cake; Mrs. W. 'V. Watson,
fruit, vegetables, etc; Miss Jennie Hey.
Holds, carpet rags; Mrs. N. Y. Leet,
clothing and rending matter: O. A.
Beemer, S00 fresh buns; Mrs. M. J.
Wlghtman, quantity clothing; Mrs. H.
A. Crossley, canned fruit; Goldberg &
Burres, barrel bread and rolls; Everitt
Brothers, fish and vegetables; Miss
Reld's class, missionary money; J. J.
Fahrenhold, hair cutting for children;
Consumer's Ice company, Ice dally;
deserts from Mrs. C. D. Simpson, Mrs.
O. L. Dickson, Mrs. Alfred Hand, Mrs.
W. H. Perkins, Mrs. William Connell.
Perfection in Cake-Making.
Housekeepers frequently wonder why It
Is that they cannot make biscuit and
cake that are light and palatable and that
taste as delicious as the biscuit and cake
made by their mothers and grandmothers,
the delightful memory of which even to
this Uuy creates a sensation of pleasure
to the palate. The trouble arises from the
highly adulterated slate of the materlula
they have to work with, particularly the
cream-of-turtar and soda used to raise or
leaven the food. Cream-of-tartar and
soda that are now procurable for domestic
purposes contain large quantities of lime,
earth, alum, and other adulterants, fre
quently from five to twenty-five per cent.,
and consequently vary so much In strength
that no person can tell the exact quan
tity to use, or properly combine them, to
Insure perfect results. From using too
much or too little, or because of the adul
terants In them, bitter, salt, yellow, or
heavy biscuits or cakes are frequently
made. There adulterants are also injuri
ous to health.
All this trouble may be avoided by the
use ot the popular Hoyal Bukliur Powder.
Where this preparation is employed In the
place of cream-oi-tartar and soda, Its per
fect leavening power always Insures light,
flaky, digestive buscult, cakes, and pastry,
that are perfectly wholesome and free
from the impurities invariably present
when the old raising preparations are em
ployed.
The Royal Baking Powder, we are in
formed by the most reliable scientists, Is
perfectly pure, being made from highly
Mflnail Innnaillanta naKiifnllw .1
so exactly proportioned and combined
that It never tails to produce the best and
uniform results. An additional advantage
in us employment comes irom tno fact
that bread or other food made wtth It
may be eaten while hot without fear of
inuigestion or i any unpleasant results,
while being equally sweet, molat, and
grateiui to me paiata wnen corj.
Pillsbury's Flour ml..s havs a capso.
Ity et 17,800 barrels a Cajr. .
DAMAGES AWARDED
MRS. LUXEMBERGER
A Verdict of $2,5M Against the Scran.
ton Traction Company.
ANOTHER SUIT AGAINST COMPANY
It Was Called After the Luxeuberger
CaseXisa Bridget O'Connor, of
Taylor, Is the Plaintiff" Verdicts
Were Taken i Five Soils-. Court
M ill Convene This Msrniag at 8.30.
Mrs. Mary Luxemberger was awarded
a verdict oT $2,000 against the Scranton
Traction company for the Injuries she
received on Jan 6, 1804, In an accident
In which a Taylor street car jumped
the track on the grade below the Round
Woods. Her husband, Peter Luxem
berger, sued the company for damages
on account of her injuries, necessitating
expense for medical attendance, etc.,
and he was awarded $500. The two ac
tions were tried together. The total
verdict is $500 more than the amount the
Traction company offered to pay the
plaintiffs without glng to trial.
Another suit against the Traction
company was then called before Judge
Archbald. Miss Bridget Connors, of
Taylor, Is the plaintiff and her attor
neys are Hon. John. P. Kelley and Jo
seph O'Brien. Horace E. Hand, and ex
Judge W. H. Jessup represent the com
pany. Miss Connors is 23 years old. On
April 2, 1894, about 2 o'clock In the af
ternoon she was a passenger on a Tay
lor car inward bound.
When the car left the Robinson street
switch on the West Side, it jumped the
track and rolled, down the C-foot em
bankment to Ninth Btreet. She was
thrown violently against the side of the
car and sustained an Injury which has
since left her in poor physical condition.
HER PHYSICIAN'S TESTIMONY.
Dr. William Haggerty waa her prin
cipal witness, and he testified that for
three months after the accident he at
tended her dally, then his visits be
came fewer, about every other day, and
after she got around so as to be able
to walk out she has visited his office
twice a week for treatment. It Is pos
sible that in time she may fully re
cover, but not very probable, he said,
that she will ever become fully re
stored. On the part of the defendant Motor
man Joseph De Nike, who was in
charge of the car, testified that all due
diligence waa observed by him, and that
It was an unavoidable accident. Drs.
N. Y. Leet. W. E. 'Allen and J. E.
O'Brien were sworn as experts to prove
that the trouble of which the plaintiff
Is suffering could be caused by some
other reason than the accident. Mr.
Kellley, In cross-examining Dr.
O'Brien, asked him whether or not he
Is an expert witness for the company.
The doctor answered that he has been
called a half dozen times to testify in
two years. The cose will be resumed at
8.30 this morning. Miss Connors asks
damages in the sum of $10,000.
GAVIGAN TRESPASS CASE.
Judge Edwards charged the Jury In
the trespass suit of James Gavigan
against the Atlantic Refining company,
but a verdict had not been returned at
adjournment. The Jury agreed about 5
o'clock, sealed the verdict, and will
hand It to the court this morning.
The suit of the Ingersoll-Sergeant
Drill company against the Greigsville
Salt Mining company was tried before
fi BEATTY
WILL DO BUSINESS
AT THEIR
SATURDAY.
Msa Building, Corner Washington
and Spruce.
They
mm n
WE HAVE A VERY LARGE ASSORTMENT OF
Ladies'
Jackets
And Capes,
New,
Cheap,
Stylish.
Material and Workman
ship First-Class.
Judge Edwards, and a verdict tor the
defendant waa returned. Attorneys J.
M. C. Ranck and C. W. Dawson ap
peared . for the plaintiff and Major
Everett Warren, and Hon. C. P. OMai
ley were attorneys for the defendant
la 1891 the Bait company let the con
tract to sink a salt mine at Qntlgsvllle,
N. Y. The contractors leased the ma
chinery they needed from the Ingersoll
Sergeant company. The contractors
failed to pay for the use of. the ma
chinery and a suit for the debt, which
was tl.52.M with interest from Oct. 22.
1891, was brought aaralnst the Salt odhv
pany. The latter held that they were
not responsible for the debts of the con
tractors, and after hearing the case the
Jury took the same view.
SOME VERDICTS TAKEN.
In the suit of Mary Roberts against
the city of Scranton, a verdict for the
plaintiff was taken for $93.75; In the
suit ot E. H. Evans against the rity a
verdict of $1.10 was taken; and In the
suit of James H. Connors against the
city a verdict of $400 was taken. These
were suits for damages alleged on ac
count of grading.
A verdict of $24.70 was taken for the
plaintiff by agreement In the suit of
John Capplusclnsky against Paul and
Catharine Drlbund. The amount was
for wages due on a contract made to
raise the defendant's house;
Excursion to St. Louis Mo.
In order to accommodate those who
desire to attend the Republican Na
tional convention to be held In St.
Louis, Mo., June lth. the Krle Rail
road company have arranged to place
on sale special excursion tickets to St.
Louis and return, at the rate of fare
one way for the round trip. These
tickets will be good for return passage
on or before June 21. The Erie is the
natural route from this section ot the
country to St. Louis, and their accom
modations are superior In every re
spect to all others. Be sure your ticket
reads via tnis popular line.
Ladies' Southern Ties
at the "Five Brothers. "
The
Glass
Sale
Starts today. In
west window your
our
eyes
can read the story. A
new design so near to real
cut glass that you, like
us, will hardly believe it
' imitation.
Our offer for ten thou
sand pieces was low and
that explains the prices.
Berry Sets
Or for ice cream, large
dish and six small.
48c.
Cream and Sugar
To match, for berries,the
two pieces
15c.
Tea Set
Four pieces, Butter Dish,
Sugar, Cream and Spoon
Holder,
48c.
A hundred shapes we
say nothing about. Come
and sei
REXFORD'S,
303 Lacka. Ave.
THE KEELEY CURE
Why lot your borne and business be destroy
ed through strong drink or morphia., when
von civ.i be curvd In four weeks at tlm Holey
Institute, 7S8 M.illsnu avnue Hcraotoa, Pa.
The Cur. Will Bear Investigation.
Are All Stylish Garments
Kb
IF YOU DESIRE
To Be Fashionably Gowned Se
leet from Onr Assortment of
LADIES SUITS
They Have a Got and Style
That Is Unapproachable. Prices
Yery Moderate,
415,417 Lackawanna
1
u
BUYERS
Always watch for our an
nual "oddware" sale.
They know what it
means that it means
useful, desirable Crock
. ery of almost every kind
at half regular prices.
That a piece of Crockery
is "odd" in our stock
doesn't imply that it's
any less desirable to you,
and you can buy it for
half.
China Hall,
MILLAR & PECK.
134 Wyoming Ave.
Walk In and look around.
Be Comfortable.
It is torturous
to be bound up
in stiff, starched
Shirts daring
the hot weather.
Just what com
fort and happi
ness is you won't
kaow until you
have worn our
Tho acme of
style, comfort
and durability.
M.P. M'CflNN, HATTER
sos Wyoming Ave.
"KNOX" HATS,
THE BEST IN THE MARKET
GREAT VARIETY OF SIZES.
THE
I fi CONNELL CO.,
434 LACKAWANNA AVENUE.
L
We
H
Avonue, Scranton,
NEGLIGEE
Baldwin's
ii
nil
EP1M
in
i wins
Fm ui d m
As elegant assortment at prices thai
are Terr low considering the quality,
make-up, etc., is being shown at ear
store. If yon are thinking of buying
a Spring Suit catl in and look at our
lock it will do yon good, aad as,
too, of course. We are almost sacs
joa will buy cannot resist .
OUR HAT AND
FURNISHING GOODS DEPT
Is replete with everything that is new
and stylish; all the latest styles asd
colors. Call in and be convinced.
We Have
On Hand
THE BEST STOCK
IN THE CITY t
AU.thaN.wut
Ala. th. Cheapest,
A Is. the Largest,
Porcelain, Oajrx. Bto
Stiver Naveltlea In Infinite Variety.'
Latest lnrp.Hatl.as.
Jewelry, Watches, Diamond!
H.E. ROGERS, :
Jeweler ana1
WaUkssaker.
ttfi Lackaw anna In.
WE FIT AIL IN.
No matter what their size, their
shape, their looks or color of their
eyes. Our clothing is fit Tour suits
fit and our prices are so reasonable as
to fit your sense of what is proper and
fair. We invite your patronage. If
given an opportunity we will deserve It
BOYLE I ICKM
416 LACKAWANNA AVENUE, .
TllfCPADC ssd yeareyee will take.
I AFtL uAilC care of too. If you are
tronblea with head-
(IF YMJR EYES n r.
Ur lUUn r.lr.0 (otoDR.SHIMaUJRl'al
and bare your eye. examined few. We nav.)
reduced prices and a e th. lowest in the ettr.
McliOl apeetue'es from SI to f 2; gold from a
to to. 433 Sprues Street, Scrantaa, Pa
an
THEY FIT.
COMPLETE ASSORTMENT OF SIZES.
Can Fit
Hisses from 8 to
12 Years Old.
N,
Pa,