The Scranton tribune. (Scranton, Pa.) 1891-1910, June 27, 1896, Page 3, Image 3

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    THIS RCDAirrOIT TBIBtJNE-SATDRDAT MOEEONQ, JUNE 27. 1896.
OUR OATS
Always ia the past the
Best in Scranton
Will be in tbe future as
good as oats that cao be
made by the
EEST CLEANING
MACHINERY
Which removes the font seeds
and dust Try our
"Clean Oats."
THE WESTOH MILL CO.
!CP.IRT0N, OLYPHANT. CARBONDALE.
i - . - . -
BEWARE Of C61.
the genuine:
Ht. the initials Q., B. A CO. imprint
ed in each cigar.
GARNEY, BROWN & CO.,
MANUFACTURE), COURT HOUSE SQ.
DR. C. D. SHUMWAY,
Diseases of the Lower Bowel a
Specialty. 30S Wushingtou Ave.,
Opp. Tribune Building.
CFFIC: H3URS-9 TO 12, 2 TO 5.
MRS. SARAH A. MARVINE DEAD.
Vn Widow of R. K. Alan ine, the V
A II. Land Agi-ut.
Mrs. Sarah A. Marvine died at her
home uu Sanderson avenue yesterday
morning. She was 86 years of age and
had been ill for over a week. She is
survived by two children. J. A. Mar-
vine, of the Dickson Manufacture coni
Vuny, and Miss Fannie Marvine. Her
Step-children are Mr. Thomas Dick
son, Mia. Thomas I f nklin and Mrs.
tl. V. Bentley, of this city.
The funeral will take place Monday
afternoon at 2.30 o'clock In the Green
Kidge Presbyterian church. Interment
will be made In Forest Hill cemetery.
Mrs. Marvine was born In New York
city and there married R. K. Marvine,
deceased. They lived In Carbondale
about twenty years, where Mr. Mar
vine had his headquarters as paymast
er and land agent of the Delaware and
liudnon company. From Carbondale
they moved to Green Ridge, where
Mr. Mm vine died in July, lhSa.
LETTERS FROM THE PEOPLE.
(Under this heading short letters of In
terest will bo published when accompa
nied, for , publication, by the writer's
name. The Tribune Will not bo held re-
sponsible for opinions here expressed.
filiform M'enr of Paving.
Editor of The Tribune.
Sir: ir The Trlluine will cull the atton
tlon of the city authorities to the paved
streets, it is possible some legislation
may be hud thut will result In the more
even wear of the pavements and also to
Ihe convenience of pei'Kons traveling In
carriages, particularly In streets where
railroad trucks are laid.
In streets where cur trucks are laid
there are usually twelve to twenty feet
between the rail and curbstone, anil ut
most universally the freight wagon will
occupy the central part of this space, and
.a carriage team Is prevented from driving
pMst. except by crossing the railroad
tracK, und then recrossing to maintain
its proper place on tne right hand side
of the street. If there was an ordlnunce
that all team and truck wagons should
.follow fairly close to the curbstone, that
portion of the pavement would get
reasonable wear, whereas It now gels but
.little. As a rule the driving is on the
central part of the distance between t
railway truck and curb, and travelers in
carriages cannot well pass loaded o
truck wagons without the dunger of cross
ing cur trucks so often. Thus, If the cliy
would provide for a more even wear of the
paved streets It would show an economy
thereby, and afford much satisfaction to
those who travel by carriages.
An ordinance with penalties und pro
. vldlng that the street commissioner be dl
reeled to give frequent and proper notices
"nnd see It enforced would result In prac.
tlcnl advantage and benotlt. It Is honed
you will keep the subject before the au
thorities until action Is taken.
Yours trulv,
William II, Richmond,
Bcranlon, June 2ii.
Ask Your Dealer.
for McGarrah's Insect Powder, 25 and
lo-ceni coxes. Never sold in bulk,
Take no other.
JUST A FLYER
FOR THIS WEEK.
A Fine Russia Calf
Bals, Needle Toe,
all sizes and ,
widths, Goodyear AO Cfl
welt, up-to-date, tpuauU
Cannot get any more to
sell at that price.
&
410 SPRUCE STREET,
P8PULRRPUNCHURS
SC UK
KOEHLER
GUILTY OF MURDER
IN SECOND. DEGREE
Tie Verdict Arrived at ia the Sam Toai
Marder Case.
JURY CAME IN FOR INSTRUCTIONS
Presented Bis Questions to Judcc
Uuaster With Requests for Answers,
lie Threatened to Commit Attorney
John T. MartinPrisoner Evidentlr
Did Not rudertaad the Verdict.
Quarter Sessions Cases.
Sam Tonl' was yesterday found guilty
of murder In the second degree for the
shooting of John J. Rafter,' at Old
Forge, on Feb. 4 laBt. He died on Feb.
22 at his home on Marlon street. Green
Ridge. The verdict was returned to
the court at 3.50 yesterday afternoon.
The case was given to the Jury about
9 o'clock Thursday night, after Judge
Uunster's charge was completed, and
Immediately upon retiring to their
room the Jurors took a ballot showing
that three favored a verdict of murder
In the first degree, eight second degree
and one acquittal. The second and
third ballots were the same as the first,
but the fourth showed a change, the
jurors having by that time decided to
vote on the question of murder, and If
the accused was found guilty, to decide
upon the degree afterwards.
Under the new arrangement eleven
voted to return Tout guilty of murder
and one voted in favor of acquittal. He
was ltenjnmin Harris, of Mooslc. The
Juors Hien retired for the night and
took up their unfinished task ugaln
early yesterday morning. The argu
ments advanced by the members of the
Jury during the progress of the ballots
got the jurors involved in a maxe of
doubt, and they decided to ask the court
to throw some light on the matter. Ac
cordingly they tiled Into court at 3.30
and presented the following questions to
Judge Gunster:
QUESTIONS OF THE JURORS.
To the Honorable Judge Gunster.
The Jury would like to have their mem
ory refreshed on the following six points:
Klrst Vt hen Uarber came down stairs
wlih Confortl, In what direction did C'on-
fortl go and where did liurber last see him
before the shooting.
Second What did Floss Keough say as
to who did the shooting when 11 rat asked
by Unrber,
Third Where did Barber see Conforll
Immediately after the shooting?
Fourth Did Peter Slmh'.i see Sam Ton)
immediately after the shooting?
Fifth Did Peter Slmlul see more than
one Italian when he looked buck imme
diately after the shootln?
Sixth Should the declaration of the
counsel for tne defense that he can prove
this murder was done by Confortl have
any weight in the deliberations of the
Jury? G. F. Chamberlain,
Foreman.
"All of these questions which you
ask are questions of fact," replied Judge
Gunster. "and 1 will have to let counsel
present their view of the evidence on
the mutter; It Is not competent for me
to state to you what the facts are. It Is
for you to refresh your memory from
the evidence, and I will permit counsel
to muke statements to you In regard to
them. In answer to your sixth ques
tion, I say emphatically, no; no declara
tions made by counsel which are not
supported by evidence ouirht to have
uny weight with the jury at all. if he
can prove that this murder was done by
Confortl. he ought to have the evidence
here to prove It. to eliminate and solve
the whole difficulty.
BARBER'S OPINION ONLY.
"There is no evidence in the case at
all except the testimony based upon the
opinion of Burber. who testified that In
his opinion It was Confortl that did the
shooting. As I called your attention
to his testimony at the time, he had
previously testified that he was not able
to Identify the man who did it, and that
he thought Angelo Confortl was the
man who had been shot and not the
mun who had done the shooting."
"In answering the sixth question tho
court said to the Jury: "I should
have produced the witnesses,"
broke In Mr. Martin, of coun
sel for the defense. "I said to the Jury
we could prove by three witnesses to
whom"
"You had no right to make such a
statement to the Jury," declared Judge
Gunster, warmly cutting Mr. Martin off
before he had time to finish his remarks.
Mr. Martin, unabashed, returned to
the attuck. "This Is what I said to the
Jury," he declared, moving a little closer
to the bar. 'We could prove by three
men that Confortl made a confession."
"There wns no such thing In the evi
dence In this case," suggested District
Attorney Jones, and Judge Gunster then
delivered this caution to Mr. Martin:
"If you desire to say anything confine
yourself to the questions there, to the
Inquiries of the Jury. You have the
opportun ' now to do so."
"I want ; explain to the jury," re
torted Mr. Martin, "that you said I
shoud have the witnesses here, I want
to. explain why I could not, why these
witnesses could not be admitted."
TOLD WHAT TO DO.
"I have told you repeatedly what to
do," was Judge (lunster's curt remark.
"If this man were, arrested then
can produce them because It would be
testimony, but you said to the jury-
"Do you understand what I have to?d
you that these remarks are Improper?
said Judge Gunster now clearly out of
patience.
"Yes.slr." .
"Then cease making them." '
"You said to the Jury why didn't I
produce this testimony."
"I will simply commit you unless you
stop," sharply spoke Judge Gunster,
and Mr. Martin at once subsided and
took his seat among the members of
the bar.
Stenographer Coston read the testi
mony of Pietro Slmont and the 'direct
examination of Martin Barber when
first sworn and Mr. Martin read aloud
the questions to the jury and explained
each answer. When the sixth question
was reached the court confined him
to the more reading of it. The jurors
said they had enough information
and retired to their room. ' Mr.
Martin then reverted to the sixth ques
Hon and Mr. Jones said: "This action
of Mr. Martin is on a par with what he
did In the Merolo cane. He told tha
jury then that he knew that this man
was not Merolo, and then he turns
around and goes down to Old Forge
to George Jermyn and with an order
from the prisoner he draws Merolo'
pay."
Mr. Martin objected to such a state
ment as bold and unjust. He said that
It was not till a month ago that he got
the order for Merolo'a money. During
the trlul of the case he firmly believed
that the defendant was not Merolo,
Soon after the jurors returned to their
room they became a Unit on the ques
tlon of the guilt of Tonl of murder and
the first ballot thereafter showed that
four favored conviction of murder in
the first degree and eight of second de
gree. . A number of ballots' were taken
during the afternoon the opposition to
second degree dwindling down until the
Jury stood eleven for second degree,
one for first. The latter was Robert T.
Eldren, of this city. Finally ha was won
over and at 115 the jurors sent word
to Judge Gunster that they were ready
to report their finding.
Toni was brought down from the Jail
and at 3.55 the verdict was handed to
Deputy Clerk of the Courts Daniels
who passed It to Judge Gunster. It was
recorded by the Judge and handed back
to Mr. DanlelB who announced that It
was murder In the second degree. Judge
Gunster discharged the jurors with the
thanks of the court, but had no word
of commendation for their verdict.
Tonl apparently did not understand
the meaning of the announcement made
by Mr. Daniels and was led back to the
prisoners' box by Warden Jay with a
bewildered expression on his face.
Ills escape from conviction of murder
In the first degree was due to the fact
that the deed was done so quickly that
the Jury was In doubt as to the intent to
kill.
QUARTER SESSIONS COURT.
Manner in Which the Several Cases
Were Disposed Of.
The only case tried beifore Judge
Gunster yesterday was one that grew
out of an Easter Sunday disturbance at
Mayfleld in which empty beer kegs,
washstands, etc., were hurled about to
the great damage of some of the May
fielders. Mlchad Dudko, Wassal Chul
Ifk. Michael Dudike and Lazar Pow
lock were charged with propelling the
kegs, tub., etc., and John Rllsky and
Charles Olskeski wer the prosecutors.
At 3 o'clock the case wac given to the
jury and when court adjourned the
jury was still wrestling With the cose.
George Josle, who was tried on Thurs
day for prodding M. H. Banks, of Dun
more, In the neck with an umbrella, was
found guilty yesterday. James Gllgal
lon, of Archbald, was arraigned to
answer a charge of criminal assault
preferred by Miss Cecilia Thompson,
who claims Bhe was under sixteen years
of age at the time the offense was com
mitted. She refused to prosecute and a
verdict of not guilty was taken.
Duvid Howell, of Archbald, was tried
before Judge Edwards for selling liquor
without a license. A number of wit
nesses swore that they purchased. In
toxicants from him and he was con
victed. John Roche was tried for robbery, Ed
ward Ryan being the prosecutor. The
robbery. It Is alleged, was committed In
the rear of the Weston mill on May 17
last. Roche denied that he was the
man. but was convicted on the third
count of the Indictment.
Frank Berry was arraigned for the
larceny of a single harness and two
pairs of horse clippers from Louis Bar
ney, superintendent of the Driving
park. James Sullivan, who was arrest
ed for the theft with Berry, pleaded
guilty Monday and yesterday went on
the stand and exonerated Berry from
any participation in the stealing. Berry
was thereupon acquitted.
Today surety catcs wilt be heard and
the Jury cases not disponed of went over
until the next sewion of criminal court
In the fall.
JUDGE WAS PUT OFF.
Now He Wants to Play a Similar Trick
on Patrolman John D. Thomas.
Hearing Held Yesterday.
Patrolman John D. Thomas, the city
of Scranton and the Scranton Traction
company are going to have bother as a
result of M. C. Judge's ejectment from
a Taylor car last Sunday night. Yes
terday he had the patrolman up before
Mayor Bailey, and during the coming
week will direct his attorneys, O'Brien
& Kelly, to Institute damage sulfa
against the city and the street car com
pany.
Mr. Judge, It will be remembered, had
a transfer which the conductor would
not accent because the time limit had
expired. He refused to pay a second
fare and when Main avenue was
reached the conductor called upon Pa
trolman Thomas and had Mr. Judge put
off the car.
Mr. Judge says that he came from
the South Side and was given a trans
fer punched 10.45 p. m. No Taylor car
came along until 11.20, and as a conse
quence the time limit on his transfer
had expired. He felt that he was not
to blame for this and when the con
ductor came around he presented the
transfer, at the same time explaining
the situation. The conductor, however,
would not take any explanations, and
Insisted on having a nickel. Mr. Judge
would not pay a second time and was
put off as stated.
At the hearing before Mayor Bailey
yesterday he charged Patrolman
Thomas with Interfering where he had
no business and with also having
threatened to throw him out of the win
dow If he didn't pay his fare. The pa
trolman says that instead of threaten
ing to throw Mr. Judge out tho window
he merely asked him which he pre
ferred, to pay his fare or get put o&t.
Three witnesses substantiated Mr..
Judge's version of the story, but as Pa
trolman Thomas says h can bring wit
nesses to prove his side of the case, the
hearing was adjourned until Monday
afternoon at 2 o'clock. Mr. Judge Is a
merchant of Taylor.
Brook Trot.
Lohmann, on Spruce street, will serve
you with Brook Trout fresh from the
mountain streams.
s.
i 6EATTY . .
WEARS BUILDING,
C3H WASHINGTON AVENUE AND SPRUCE.
Are now soiling their Tnu and Sum.
mer Weight Shoes at a Cusli
Cut Price Sale.
Men's Regular $5.00 and $5.50
Tan Hal., now $3.00.
Men's Regular $1.00 Tall Bal.,
now $2.00.
Men's Regular $3.50 Tan Bit!.,
now $2.60.
Men's Regular $2.50 Tan Buls.,
now $1.90.
Ladies' Regular $3.50 Tun Bals,
now $2.(10.
Ladles' Regular $2.50 Tan Ox.
fords, now $1.90.
Misses' and Children's, Boys'
and Youths' Tan Shoes ut a very
low price.
PREPARING FOR A
GREAT MEETING
Neatiaatioa of Major McKialey U to Be
Ratified.
THERE WILL BE A STREET PARADE
This Will Be Followed by Speech
Making, Probably at the Armorr.
All of the Rcpablicaa Clnbs of the
Coantr Will Be Asked to Partici
pate ia the Demonstration.
A large and enthusiastic meeting of
the Central Republican club was held
last night for the purpose of making ar
rangements for a big meeting In this
elty ratifying the nomination of Major
William McKlnley, the party's, candi
date for president of the United States.
Colonel E. H. Ripple presided and Al
derman W. S. Millar was secretary. It
was decided that the meeting be held on
Saturday evening. July 11, and Alder
man Millar was chosen committee on
place. His opinion is that quite prob
ably the Thirteenth regiment armory
will be selected, as It affords the most
space. Fears are entertained that even
the armory will fall short of accom
modating the throngs of people whose
high regard for Major McKlnley will
bring them ot to testify their feelings
and affection.
Scranton. as one of the prominent
manufacturing centers of this great
manufacturing state, will register with
mighty unanimity the unwavering faith
of her people in the principle of protec
tion, and in Major McKlnley as the
foremost exponent of It.
GRAND DIVISION OF BICYCLES.
Preceding the meeting there will be
a street parade, and Its chief feature
will be the first division which will be
composed of 1,000 bicyclists. These led
by the band will pave the way for the
marchers afoot. Captain D. B. Atherton
will be marshal of the division. Colonel
F. L. Hitchcock was chosen grand mar
shal of the parade and will arrange
the line of march and the formation.
It was left with Captain Thompson to
adopt a style of cap to be worn In the
parade. H. E. Paine was appointed
chairman of the committee on securing
speakers; Major Warren, chairman of
the committee on resolutions; F. W.
Martin, of the committee on fireworks;
Alderman Millar, of tha committee on
music; C. P. Pry or, of the committee on
finance; Attorney M. W. Lowry, of the
committee on torches, and Harry Hope
well, of the committee on banners and
transparencies. These gentlemen were
each empowered to choose five others
with them to assist in the work of the
committees.
On motion of William Connell It was
decided to send invitations to every
Republican club in Lackawanna county
to take part In the demonstration which
promises o be one of the largest seen
In Scranton for name time.
SOME SPEECH MAKING.
Short addresses were made by Wil
liam Connell, W. S. Millar, M. W. Low
ly, D. B. Atherton, H. E. Paine and
F. W. Martin to the effect that the peo
ple of I.atkuwanna county should give
a monster demonstration in honor of
the great protectionist. .
It was reported by Judge Wlllard that
the olub Is In a flourishing condition;
14 new members were added to the roll
lust night, making the total number
158. The club decided to organize a
marching club to take part In meetings
during the campaign. Adjournment
was taken until next Tuesday night at
8 o'clock.
THE LATE CAPTAIN BIRD.
Assoi ia.iou of Masters, and Pilots of
Stenm Vessels Regret Ills Death.
Daniel L. Phillips, of this city, has rc-
Baby Carriages at Surprise Prices.
The Best Value for the Least Money in this valley. See them.
AT NORTON'S, 322 Lackawanna Aim
MONDAY'S
Hosiery.
The best proof of the
great values we are giving
in Men's, Women's,
Boys' and Girls' Hose is
the fact that hundreds of
customers who at first only
bought a pair or two have
come again and purchased
from 6 to to additional pairs.
Hose of all grades, good,
fine, best. We can suit
you and save you money.
Come. Come. Come.
SViEARS
reived from the Alpha Harbor, No. J,
l-ilots of Steam Vessels of Masters cat
Pilots of Steam Vessels ot New York,
the following letter with reference to
Captain David Bird, who died in this
city a, short time ago:
New York. June C. UN.
Mr. Daniel I Puilltns. I
Dear Sir: It was with regret that we
learned of the death of our lata brother.
Captain David Bird, who was the first
purser of Alpha Harbor No. L He was be
loved by all the members for bis strict
Integrity and earnest work for the asso
ciation. Resolved, By a unanimous vote that a
letter of regret with the seal of the harbor
attached be sent to his bereaved friends.
Resolved, That while you have lost a
dear friend, the association has lost a
valuable member,
Yours respectfully,
F. J. Rlsedorr, C. C.
Throat Disease Cured with Grapes
and Horehound.
The noted old nurse, descendant of Hol
land Dutch, discovered that a certain com
bination of grapes wlta the Horehound
Herb and the Root of Elecampane made
Into a cordial , will cure sore throats and
coughs, and hi excellent for colds, ca
tarrh anM all Irritation of the Bronchial
tubes, tonsils and throat, and for singers
and publlo speakers. Druggists say the
soles are immense, and it ia doing great
good. It is called Aunt Raphael's Kle
campane and Horehound Cordial.
T
E
A
C
u
p
s
Small Enough for Tea,
Big Enough for Coffee.
Cheap Enough for Anybody,
Cnp and Saucer
10c.
Worth 25c, Imported China,
Nicely Decorated.
Must Be Seen to Be Ap
preciated. REXFORD,
303 Lacka. Ave.
White Goods.
We have an immense
stock of Organdies, Persian
Lawns, Dotted Swiss, In
dia Linons, Mulls and
Dimities.
Ladies' Shirt Waists.
We have cut the price.
Waists that sold at $1.25
and $1.50, now only 95c;
75c. Waists now only 59c.
417 Lackawanna
Wedding
Gifts,
One of
The Many
The Pleasure of
The Chafing Dish
What ia more enjoyable tbaa the
preparation of a dainty luncheon,
with the hostess presidios over
the chafing dish? Lobster, a la
Xcwburg, W elsh Rabbit and the
other appetizing dishes?
Five o'clock Teas, etc.
China Hall
i
134 Wyoming Ave.
Walk In and look around.
ft ft
If we ihosll make a display of artworks It
would take the ferm of this desUjo, "Bisk
Prices" srs what we strive tar wiatar and
enmmer, Christmas sad "Uh ot Jnly." We
don't offer yea somsthiag for nothlai. We
don't misrepresent anything. Oar prices srs
simply exMtly "Blunt." Ton get fall vskte
for every sent you pay as.
M'CANN, the HATTER,
sos Wyoming Ave.
Lsdles "KNOX" SAILORS, Stetson Agescy
30TH ANNIVERSARY
AND GRAND PICNIC
OP THE
ST. PETER'S SOCIETY
Ol St, Mary's Otrmsn Catholic Church)
AT CENTRAL PARK. MONDAY,
JUNE JO, 1896. ADMISSION
TWENTY-PIVB CENTS.
Ben. H. J. n 'n'lorat, of St. Lenta Honor-
Sry Prealdu ef be fl.rma CstboUe Central
oeiely of A tr. . will be the nrstor of tbe
day. SpvecU ,.ll alio be ms1 tw rroml
fa.nt eienrvmen nod others, GOOD MUSIC
AND REFRESHMENTS.
MILLAR
PECK
BARGAINS:
HA
Avenue, Scranton,
11
Mil.
h tt B015 M Ml
An elegant assortment at prices that
are very low considering the quality,
make-up, etc, is being showa at our
store. If you are thinking of buying
a Spring Suit cal 1 in and look at our
stock it will do you good, and us,
too, of course. We are almost son
you will bay cannot resist
OUR HAT AND
FURNISHING GOODS DEPT
Is replete with everything that ia new
and stylish; all the latest styles aai
colors. Call in and be convinced.
umisnera
We Have
On Hand
THE BEST STOCK
IN THE CITY ,
AIM the Newest
Abe the Cheapest,
Abe the Large t,
Porcelain, Onyx. Btc
tllvtr Novelties la Infinite Varls,
Latest ImportaUoas.
Jewelry, Watches, Diamond!
fl. E. ROGERS.
WswJmaker. 215 LUhlUU 1T3.
PROPERLY DRESSED IN
Are always our most satisfied custom
ers. Tbey know what ther want and
appreciate the stylish outOts we turn
out for them. After all there Is a
great deal in being properly dressed,
and we make a business of sceiug that
you appear that way.
I
416 LICKAWANiU AVZ'IJE.
THE KEELEY CURE
Why let your home and business be destroy,
td throusb strong drink or morphine, whea
iou can be oared in four weeke at tbe Eeeley
Bitltute, 728 Medieon avenue. Hcrsaton, Pa.
'he Cure Will Bear Investigation.
mm
fLlL. LI II r f
Wash Goods.
We have received a large
ssortment of new goods at
12 I-2C. and 19c. Wegive
you the best value for the
money you ever received.
Muslins and Sheetings.
Onr usual Monday Bargains ia
Bleached and Unbleached. If yon wish
good quality, of fall width Sheetings,
it will pay yon to buy of us, for ve
sell cheaper than the cheapest Com
and see.
N
Pa