THE SCRANTON TRIBUNE-TJITJK.SDAY MORNING, FEBRUARY, IS, 1807.
Wormian & loon
FIRE INSURANCE,
(J20 Wyoming Av.
IACKAWANNA,
THE
E A D R
IN CORRECT
IAUNDERING
308 Penn Avenue. A. U. WARMAN.
I
The largest stock oi
Smyri
rua Rugs ever shown iu
Scrautou.
6x9 Feet,
7y2xW2 Feet,
9x12 Feet.
Sizes
Will Sell for
for this week only.
U
I27WYOA1I.NU AVE.
CITY NOTES.
But one enso was heard In police court
yesterday nnd that was of the ordinal y
police arlety.
Select council hold3 Us regular meet
ing this evening. The common council
will hold an adjourned meeting, also this
(.veiling.
In the case of tho Commonwealth
against Thomas Gallagher, Maty Dlck
Fon, tho probecutrK, was sentenced for
tho costs.
A donation benefit party will bo held
this oonlng for Rev. G. L, Maice, pastor
of GiLn Hidgo United K angelical
Church, at his home, 1J7C I'enn avenue.
In the dhorco cn'se of Reese against
Reese, court csterday grnnteJ a lule to
show causo why a deciee should no't be
granted, returnable at next aigumeut
court.
Louis DIUus. alias August Simon,
charged by August Szlmkus with tobbery,
was yesterday released fiom the county
Jail on $V bill furnished by John Q. Lee,
of Plj mouth.
A aessatlon In tho spread of contnglous
disease was Indicated jestcrday by ic
poits to the board of health of only foui
new cases of measles, ono of scarlet fe
ver and ono of diphtheria.
Tho Lackawanna and Luzerne county
Sons of Veteians will have a reunion nnd
anniversary in Shtekshlnm on Washing
ton's Ulrthdaj, Ieb. i; Camp No S of
this city and the camp from Jermjn will
be in attendance. '
The family of tho late Philip Wclchcl
wish to expiehS their sincere thankb to
their trnnv fi lends and lelatlves, and also
to the Odd retains and Masons foi their
mi ij kindnesses during the family's re
cent bereavement.
Vnnlago licenses were jesterday gi ant
el to Tiank J. Stein nnd Annie James, of
S rmton, Dan Peck and Amanda Hell, of
O'ecnfleld; Otis N'. Stnik, of Nicholson,
and Mis. Kllza M. Toote, of Scianton;
Anthony Mellnle and Margaret McGow
nn, of Scranton; John R. McIIale and
Bridget Hastings, of 01 pliant
Tho South Side Basket Rail team will
play the St. John's, of the South Side, on
Saturday evening In the St. John's hall.
Tho line-up Is as folows: Coivvln, homo;
Bledleman, left forwaid; Luther, light
forvvaid; Spellman, center; Sweet, right
center; Chllstophel, left center: Marlon,
goal. Council, right guard; McGlnne3s,
left guard, r. Sweet, manager.
Children of the Montellore Hebrew
chool, presented the drama, "Esther,"
Tuesday evening in Music Hall. The play
was gieatly enjoved by the good-sized
audience tlint was present. After tho
performanco dancing was Indulged In,
with Oscar Arorson as master of cere
monies, and Louis Rosenbelg his assist
ant. Music was furnished by Lawrence's
orchestra.
The Tanny Mendelssohn society will
give n concert In the Frothlngham on
May 10. Tho society has secured for the
occasion tho assistance of Miss Maud
Morgan, tho fnmous harpist, and of Mile.
Alico Verlet, of tho Opera Comlque, Pails.
Mile. Verlet made her Ametlcan debut in
November, singing with Waltei Dam
losch's Symphony orchestra in Carnegie
hall, and winning highest praise fiom tho
public and the musical critics. Tho Pari
sian and Brussels press pay strong tilb
uto to the voice, articulation, method and
dramatic power of this lovely colatura
cantatrlce.
Thoro was no meeting yesterday of tho
executive committee arranging for tho
Order of the Medal of Honor convention
In this city, owing to tho absence of a
quorum It Is now proposed that the
membership of the finance sub-comrS.tee
shall bo increased, that It pioceed t-ifalse
tho $2,009 necessary for the convention
nnd that the sovoral sub-committees get
their work well In hand befoie tho next
meeting of tho general committee, which
will probably not be held for some weeks.
That was the Idea of Colonel H M. Roles,
chairman of tho goneral committee, and
It met the nppioval of Mavor Bailey, Cap
tain Do Lacy and the other commlttee
.men piesent.
Swnrti (irantcil n Divorce.
Court jesterday handed down a de
cree gi anting the divorce piayed for
by A. 1$, Svvartz from his wife, Eva
Swartz. They wore mat l led Feb. IS,
1SS5, at Salem, Wayne county. Un
faithfulness Is the giound on which the
action was brougth.
Mrs. Bonbrlght will address ladles
only In a free Illustrated lecture on
"Health and How to Keep It," on Ptl
day and Saturday aftet noons at 3
o'clock. Also a lectuio on Friday even
ing at S o'clock, bubject, "Phj-sleultute
and Uygela." All at Hygela hall, 214
Adams avenue.
llnrgnins in Oricutnl Hugs.
If you like to save 25 per cent, come In
this week and buy a rug. Do not fall
to see our handsome rugs.
Michuellan Bios. & Co.,
131 Wash. ave.
The People Scum to Know
a good thing the way they aie buying
new, up-to-date shoes at Crouch Bros.
& Beatty's'. Closing out to quit busi
ness sale.
Liver Complaints cured by BEECII
AM'S PILLS.
CRRPETS
DEMOCRATS TOOK
DESPERATE CHANCES
Republican Managers Alake Charges That
Arc Very Serious.
WHOLESALE ROBBERY IN DUNA10RE
Claims Tlint tlio Kcpublleiins Voro
Dofualod by Moo DurliiK Crooked
ness Tlinn IJit Ventured a Politi
cal I'lplit in Dinimorc, Noted for Its
Unclean l'otlticS"-I2vliluucD of
Many Instances of Illegal Voting.
There illny Uu Contests anil Arrests.
The belief that wholesale fiaud to
cured the election of all but one Dem
ocratic candidate In Dunnioro on Tues
day was strengthened yesteulny among
the Republican manngeis who claim
to possess positive evidence of ciook
cdness, more dating and extensive than
ever befoie featured a political light
by the Democtats, whose methods
have never been of tho cleanest In that
botough. It Is nssured on good au
thority that many nt tests will be
ninde and the election of scveial, if not
all, ot the Demociatlo candidates will
be contested.
That the protest of the Republicans
Is not without leason Is indicated by
flguies and facts, which naitlculaily
show that the voting in many in
stances was Illegal or that certain
election boards weto dishonest. Daniel
Powell, tho defeated Republican candi
date for buigess, polled within seven
ns main votes as did William Cou
ncil, who last fall received a majority
of 379 votes in the borough, yet Mr.
Powell was defeated by forty-one mil
jotlty. In tho Poteisburs nnd "Bunk
er Hill" dlsttlcts it Is claimed that
a batch of Italians voted who had not
been In the countty a year.
IN THE TAMMANY WARD.
In the rirst dlstilct of the famous
Tammany waul, the Second, the tilck
eiy was plain. The watd was once
the stionghold of the "Patrick Henrvs,"
a Demociutlc club now out of existence,
but whose old members, are still act
ive In politics and who would, many
of them, take any kind of means to
swell a majotity,
Aq mnny as 331 votes wore polled In
that imitlcular district, within tlneo
votes of tho total leslstratlon. Yet
thoie Is amide evidence that nearly
fifty poisons In the district whose
names wete teglstored did not vote.
Even as early as the afternoon of
election day cettaln Instances of tho
unlawful methods of tho Demociats
wpio so open and tlagiant as to cause
talk thioughottt the borough in busi
ness and other circles, which had no
pat t In the active management of the
light. One case was that of a joung
man whoso father refused to perjure
himself by swearing tlint his son was
21 vears old. Rather than lose thf
vote the dlstilct leaders piocured a
henchman, who took oath that ho had
known tho young man for twenty-one
yeais, and the vote was received, de
spite the piotest of the father and the
Republican inlnoilty on the dlstitat
election boaid.
Another Instance recorded was that
of n father who swore to the dates of
birth of his two sons Tho dates were
within a few months of each othet and
made each son 21 yeais of age. Even
the aiguments of the Deniociatlc olll
eeis did not move the father In his
doclaiation, but the votes wete re
ceived and counted just the same.
Concerning the use of tax tecelpts
for taxes that had never been paid,
the Republican committee claim to
have specific evidence In seveial cases.
One was that of a Democrat, whose
vote had been challenged In the mottl
ing for non-payment ot taxes. Ho ap
pealed at the polling place at 3 o'clock
In the afternoon and had In his posses
sion a tax tocelpt on which the Ink
was not jet dr and which had been
dated two months back.
TAX COLLECTOR WAS LEADER.
A significant fact Is that the leader
of the Democratic foices was T. E
Boland, the botough tax collector.
Attorney John G McAskle, a member
of the Republican executive commit
tee, an active partisan nnd ono who
would natuially be selected as attor
ney or counseled with In the event of
a contest, was lntei viewed at his office
In the Commonwealth building by a
Tilbune reporter yesterday afternoon.
Mr. McAskio would not admit that the
result would bo contested or that ar
tests would be made, but ho did not
hesitate to state that the Democrats
had gained their victory by bate-faced
frauds that could bo easily pioved.
Comparing tho Republican vote with
the poll of last spilng and fall, and on
the strength of those figures and the
lnci eased registration ll3ts, the Re
publican candidates should have ben
elected, he avened, by majoilties rang
ing fiom 50 to 125.
He know of the dissatisfaction
among tho defeated candidates owing
to their belief that they had been
cheated, but whether the would take
legal action was a matter of which he
had no positive knowledge. He to
maiked that he would not be sut prised
If such a course wete put sued.
FUNERAL OF D. S. COVERT.
ICemniiis Taken to Ilis Home in
.Marion., O., for Interment.
A brief and simple funeral service,
petfoimed by Rev. George E. Guild, of
the Providence Ptesbj teilan church, us
slsted by Rev. James McLeod, D. D.,
was held Tuesday afternoon over the
remains of D. S. Covert, who died at
the Valley house. The body was taken
over the Delaware, Lackawanna and
Western rallioad at 5 30 o'clock In the
afternoon to Mat Ion, Ohio, where mote
elaborate set vices were held yestetday
afternoon.
The beaters In this city were; Ed
watd Buck, James G, Ballej', F. L.
Brown, A. Coleman, R. A. Hill, A. II.
Davis. Many members of the lodge of
Masons attended the funeral In a body.
Covert was the gentleman who died
suddenly Monday night In the Valley
house. He was a prominent Mason and
was a graduate of Amherst, class of '53.
He subsequently took a law course at
Harvard, but his health becoming Im
paired he became a commercial traveler.
Mr. Covert, while tesldlng In Chicago
some years ago was a member of Rev.
Dr. Thompson's church, who is a per
sonal ft lend of Rev. Mr. Guild, of this
city.
THE SIEVEKING CONCERT.
Ilnlfof Programme Will Consist of
it Popular Nature.
All musicians, every music lover, and
particularly every piano student, should
attend tho Sleveking concert at the
Fjothlngham on Monday, March S, For
tho pluno student, whether ot advanced
or primary giade, to hear this wonder
ful pianist will be worth mote to them
In value than a (lUntter j ear's lessons.
Regret was universally expressed at
the former conceit In Scranton by this
artist that there wcie not more piano
pupils present to be lienollttcd by his
niaotorful, yet quiet manipulation of
the lory keys.
Half of the programme at the coming1
concert will consist of selections of a.
popular natuio, some of MendoUsoltn'fl
"Songs without Vouls,"Chopln's waltz
es and nocturnes and other selections
familiar to all. Thoie ate a few good
seats at $1.50 which am on sale at
I'ow ell's music stole. Subscription
tickets for the two conceits aie $3.50;
single tickets, $2.00.
THE SYMPHONY CONCERT.
rinu Orchestral Programme Heard lit
the Academy of Music.
The lovers of good music who attend
ed last evening's Symphony concert at
the Academy heaid by far the best or
chestral ptogtamme lately pt esented In
this city and, what Is mote, heard It
pioduced with Intelligence, feeling and a
distinctly Improved ensemble, it was
made known, as soon as the opening
phiases of Schubeit's unfinished sym
phony had been sounded, that the oi
chestra liad begun Its task with enthu
siasm, and long bofote that Immortal
composition was ended it gave demon
stration also of comprehension nnd dis
cretion. The programme explained that
the selection of this symphony was in
tended In honor of the centennial annl
veisarj' of Its lllustilous composni's
blith; but the choice would have leen
fully justified Independently of this
fact, for It gave the orchestia opportu
nitj' to suipilse Its most confident
li lends with pi oof of its broadening
powets of Intel pretatlon.
Of the other oichosttal numbers the
two Oteig melodies for sttlngs gave
greater plcasute, but Glinka's "Komar
lnskaja" was lntcipteted with vivacity
and the Mendelssohn ovetture, "lie
calmed at Sea and Piospeious Voyage,"
with which the ptogtamme closed,
served well to test tho otchestta's de
sctlptlve abilities. It was played with
good tegatd for dramatic effectiveness
and for a concluding number was re
ceived w 1th unusual appreciation.
The solo featuie of the evening was
supplied by Mr. T. II. Rlppatd, whose
offetltig of Gotterman's concetto In A
minor proved his right to be classed not
simply among the players but among
the masteis of the cello. The steady
and tardd sttldes which this glfttd
Wilkes-Banean Is making toward em
inence as a 'cellist Is the moie gratify
ing In view of the fact that his honois
have been legitimately won and aio
modestly wont.
Tho vocalist ot the evening, Mis.
Katharine G. Bronnan, of Philadelphia,
Introduced her pure and w ell-modulated
sopiano voice to the audience by means
ot the aria, "Santo dl Pattla," from
Verdi's "Attlla," and later gave a sim
ple song by Cowen and K jet till 's well
known ballad, "Last Night." The most
distinctive leatuio of Mrs. Rionnan's
singing is her Intelligence. Her voice
Is not of extiaotdinury quality, al
though It Is thoioughly ti allied and un
der conttol, nor Is her method dramatic,
but the lmpiesslon Is left, when she
has concluded, that the composer has
lecelved justice, and that his work lies
not purposely been sactlflced to make a
triumph for the singer.
Altogether the concert wag such a
pleasing occasion that it Is believed the
next on j will tecelve materially aug
mented suppot t It adds a now debt to
Scianton's gt owing obligation to its in
spnatlon and shaping genius, Ptofes
6or Hcml cigpf.
BOUGHT OUT GERS0NS'.
.Ur. Julius Traugott "ov Owns the
Millinery Establishment.
Tho well known nnd popular manager
of Corson's mllllneiy store, Julius
Traugott, has purchased the stock In
tiado and cood-vvlll of tho stoic and
will heteafter conduct It In his own
Intetest. As Mt. Traugott has spent
considerable money In ndvet tislng the
business under the old name, he will
continue to cairv on the business un
der tho old style.
Mr, Traugott has won an enviable
reputation as a business man dutlng
his short tesldence In Scranton and
the piedlctlon Is fully wat ranted that,
under the new conditions he will be
more successful than ever befoie.
BIG ORDER FOR CARS.
It Has Uccn Placed by the I)., L. &
Y. Company.
The Delawate, Lackawanna and
Western Railroad company recently
placed an Impottant order for special
car for the tiansportatlon of Ice on its
lines dm Ins the summer months.
Tlte conttact for the 300 cats, com
piling the order, has been let to the
Jackson Woodln Manufactuilng com
pany, of Berwick, and this company has
sublet the conttact for the manufac
turing of tho 1,200 axles necessary for
the construction to the Dickson Man
ufactuilng company, of this city.
The cats will comptlse the latest 1m
piovements and will be completed by
the flist of May.
ooooooooooooooooo
PRESH JERSEY EGGS.
2Jc. per dozen,
Thero Is but little uiollt to us
at this price, our object Is to sup
pl this nuuket with BETTER
EGOS than vou have been using.
If j on will older ono dozen on trial
j'ou will bo convinced, They will
bo received dnllj throughout tho
eutlro seai. We ptopoao to make
this department as great u suc
tess as we have our Philadelphia
Oejiueiy Print Butter, that stands
itnmntnharl Fnr nnntlMi
0 EG COURSEN,
) Wholesale and Retail.
OOOOOOOOOOOOOOOOO
Tor Nervous Ilctutncho
Uso Horsl'oid's Acid Phosphate.
Dr. F. A. Roberts, Waterville, Me.,
says: "Have found It of great benefit
In nervous diseases nervous head
ache, netvous dyspepsln, neuialgla, and
think It Is giving great satisfaction
when It is thoioughly tried,"
Don't miss tho Llederkranz masquer
ade ball tonight at their hull. Tickets
can be had at Relchett's, SOC Lucka
ave.
m
To Curo n Cold in One Day.
Take laxative Bromo Quinine Tablets.
All druggists refund the money If It
finis to cure. 25 cents.
It Is Only n Chauco
of a lifetime to get the giade of shoes
at such pi Ices as Ciouch Rros. & Ueatty
ate letting them go.
Young, but Up to Dnte.
Jf you like our work, tell others; If
you don't, tell us. Soft button holes in
your collars. Crystal Laundry.
Twining, optician 125 Penn avenue, In
Harris' drug store. Hours 9 a. m., 5
p. m.
Miss Carolyno V. Dorsey, teacher of
elocution, oratory and delsarte, 51G Ad
ams avenue.
OPINION IN THE
ROCKAFELLOW CASE
It Was Written by Judga P. P. Smith oi
the Superior Court.
WAY THAT HE VIEWS THE LAW
Ho Can See No Itunsun W hi n Hanker
Should Fraudulently 1'ioeiiro tho
Moticjs of A, li nnd Cvvitb Impunity
llcciiuoc Ho Also Succeeded In
I'rnrdulentlv Obtaining tliu Moncv
of I) and Had lieeu Punished
Therefor.
The action of the superior court In
level sing the Judgment of the Luzetne
county couit In the cane of the com
monwealth against Banker F. V. Rcek
ufellovv wus much discussed In legal
circles In this city yesterdaj". Local
Intetest was added to the decision by
the fact that Judge II. M. Edvvuids of
this cltj, was specially piesldlng in Lu
zerne county when the Rocknfellovv
case was called for trial. It was befoie
him the motion was made to have the
case dismissed a plea of foimer convic
tion being elite: ed by Mr. Roekafellow.
In passing upon the motion to quash
and the plea of "auttefols convict"
Judge Edwards wtote an evluuistlve
opinion In which he laid down the doe-
tilno that Banker Roekafellow could
not bo indicted and convicted for each
time he took money from his depositors
after he knew that his bank was Insol
vent. Such a constiuctlon would mean
that the defendant would have to go to
pilson for far mote than tho petlod of
time nllotcd to any man on this eat th
and such a constiuctlon he malntalntd
tan' count to common sense and was
novcr contemplated by tho men who
fotmed the law.
IT WAS A NEW QUESTION.
Tho question raised In this case was
a new ono and thoie was no piecedent
to guide the Judge In constiulng the
law. Thero were cases similar in some
tespects but none wholly analogous and
Judge Edwaids had to hew out his own
path to a conclusion and In doing this
he seems to have seasoned his constiuc
tlon of the law with the salt of com
mon sense. An appeal was taken fiom
the opinion of Judge Edwaids to the
superior com t and at this session In this
city In January aigumeut was heatd.
District Attorney D. A. Fell, of Luzerne
countj and Attorney Gustav Hahn, of
Wilkcs-Barie, presented the argument
on the pat t ot the appellant and Attor
ney John T. Lenahan the opposing ar
guments. To Judge P. P. Smith, of this city,
was assigned the task of wilting the
opinion in the case which was handed
down Tuesday in Wllllamspott. Thoie
was no dissenting opinion filed showing
that the bench was unanimous in its
conclusions. In his opinion Judge Smith
says In pait:
Tho defendant In tho present case, a
banker, cnnvlng on a private bank In tho
city of WUkeb-Barre, was Indicted Sept.
E, 1103, for having, on the 7th day of Teb
mary, 1803, lecelved fiom Anna Maria
Meier, a depositor, $700, with knowledge
"that he and tho said bank were then
nnd thoie Insolvent." On the trial Nov.
19, 1S9C, he pleaded autrefois convict. As
to the facts on which this plea was based,
It was agiced b tho district attorney and
tho defendant that on the 2nd of June,
1S91?, tho defendant was indicted for hav
ing, under tho same circumstances nnd
with the same knowledge of Insolvency ns
in tho piesent case, and a Jlttlo moie
than an hour earlier on tho same daj, re
ceived fiom Isaac Long, a depositor,
$1,000, that tho defendant was tiled on
said Indictment and found guilty Nov. 25,
1S93; that Jan ,12, 1S9I, he was sentenced
to pay a line ot $1,250 end undeigo an
Imprisonment In the stnto penitential
for tho Eastern district for tho peiiod of
two years and two months; nnd that this
sentence has been complied with.
WHY APPEAL WAS TAKEN.
On demuner by the district attorney,
tho ttial judge held that tho plea was
sustained by theso facts, and entered
judgment for the defendant Thoie upon
an appeal was enten-d on the pnit of tho
commonwealth. Both Indictments were
based on the act of 1th of May, 18S9 (P. L.
113), the provisions "f which aie as fol
lov, s: "That any banker, bioker or offi
cer of any trust or savings Institution,
national, . stato or prlvato bank, who
shall take and receive money from a de-
posltoi with the knowledge that he, the
of the bank Is at the time Insolvent, shall
bo guilty of embezzlement, and shall bo
punished by a line In double the amount
so received, and Impilsoned fiom ono to
thieo jeais In the penitential'."
Rut whether considered as nn net of em
bezzlement, from the legislative point of
view, oi as a fiaudulent appropriation of
a deposltois' money with crlmlnnl Intent,
fiom the judicial point of view, It Is diffi
cult to perceive how tho taking of tho
money of A, at ono time, can bo tegarded
ns an Integral pait of the separate act of
taking the money of R, in the absence
of A, and at another time. It Is not, in
fact or in effect, and thoie is no principle
of law to sustain such a proposition That
tho receipt of a single dqposlt, undei tho
circumstances deseiibed'ln the statute,
constitutes a completo offence, cannot be
doubted. Notwithstanding certain feat
ures In common, theie Is no relation or
iutei dependence between such nn net and
the receipt of a diffeieut deposit, from a
dlffeient pel son, at a diffcient time. One
cannot bo Included In the othet, meiely
by reason of tho knowledge of Insolven
cy common to both Neither tho Insol
vency of the bankei, nor, his knowledge
of It,' Is criminal; they me but the condi
tions Under which the reeelpt of u depo-.it
is declared a cilme As loglcallj dem
onstiated bj Mr. Justice Denn, tho te
celpt of a deposit, under the elicumstanc
es described, Is thiough nn Implied false
repiesentntlon. Yet 't ennnot be said
that the obtaining of money from A bj
a false pietenco includes tho obtaining of
money from 11, by the same fnlse pre
tence b leason of tho fraudulent pm
pose common to both. As well might It
bo held that a larceny of tho goods of A
Includes a larceny of the goods of IS by
reason of the felonious puipose common
to both.
Theto Is no reason In law or morals for
permitting a banker to fiaudulently pro
euro tho moneys of A. R. and C, with Im
punity, becaufo he ulso sueeenxled In
fraudulently obtaining tho money of D,
and had been punlstU'd theiefoi, and nono
Is to bo found In tho statute under con
sideration. The law will make no such
discrimination in favor of those who per
sist In Its violation. Tho statute declares
a single receipt of money by nn Insol
vent banVei to bo nn offence, and pre
scribes us pait of tho punishment a line
In double tho amount to lecelved To
hold that a conviction nnd sentence for
the fraudulent receipt of ono deposit Is a
bar to prosecution for subsequent viola
tions would piactlenlly nullify this part
of tho statute
ARGUMENT Or APPRLLRC.
Tho argument In support of tho appel
lee's contention assumes that tho statu
tory offenco consists chlelly In tho bank
er's knowledge of his Insolvency Ills In
solvency, however, Is but a misfortune,
not a crime. Neither this, nor his knowl
edge of It, can of Itself work harm to tho
public. It Is only when an Insolvent
banker iccelves money from a depositor,
that tho mischief ailsts against which tho
statute was designed to protect tho pub
lic. Tho two elements knowledge of the
Insolvency, and tho receipt of n deposit
must co-exist to constitute tho offence,
Tho argument that a banker may, by
receiving numerous deposits with knowl
edge of his Insolvency, Incurs penalties
far outrunning, In tho aggregate, the nnt
ural term of human life, deserves lltUe
consideration. In the business ot bank
ing, properly conducted, tho fact of In
solvency cannot long icinaln undetected
by thoso conducting Tt, nnd when this
pollit Is reached the purposo of tho sta
tuto lequlres that tho business bo sus
pended, Tho banner who continues It,
with this knowledge, deliberately Invites
the penalties prescribed by tho statute,
land cannot complain that by multlpljlng
his oriences lie has exposed nimceir to
penalties of coi responding magnitude. In
tho nlmiulonment of tho forbidden acts
lies tho road to nafct.
Piom nn examination of tho record In
tho two cases, It Is manifest that tho de
fendant could not have been convicted on
tho (list Indictment by tho cvldciico nec
essaiy to conviction on tho second. The
offence, consisting bn hlfl receipt of money
from Innac Long, with knowledge of his
Insolvency, would not bo proved by ovi
denco of his receipt of money from Anna
Maria Meier with like knowledge. Evi
dence of tho latter, Indeed, would not oven
bo admissible except to show tlint the de
fendant was a banker, nnd It might not be
noccssnry for this purpose, as the dufend
nnt's business could be pioved by other
deposltois The lecelpt of the latter do
posit could not be shown ns a distinct vio
litlon of tho statute, or ns an lnti-grnl
pait of the offenco chaiged In the Indict
ment, much les could It be held sulll
clent to convict of that offence. Under
the test recognlrcd nnd ndopte-d In Com.
v. Trimmer, supra, tho defendant's plea
of autrefois convict cannot be sustained.
Cases In our own stnto glowing out of
police regulations, designed for tho pre
seivntlon of order, tho ohservnnco of tho
Sabbath, tho prevention of cvtoitlon, etc,
throw little If any light on tho question
before u. The trend of decision, In tho
icported cases having any Hue analogy
with the present, Is fully consistent with
the conclusions wo hnve reached.
Judgment leveised, nnd Judgment of re
spondeat ouster,
STREET NUISANCES TO GO.
Crusade Agniust Icy .Sidewalks mill
linw'n M ire9.
Tho annual crusade of the street com
missioner's department against ptop
ei ty owners who fall to lemove snow
and ice from their sidewalks was In
auguiated yesterdaj'. The movement
was signalized by the art est of F. F.
Paull, who owns the propetty next to
the Commonwealth bulling on Spruce
stieot. The case was stopped upon his
assurance that tho walk would bo kept
clean.
All of ycsteidaj' the day patrolmen,
pursuant to mcmoiandums from their
chief, were notifying pioperty owners
that their at rest would take place to
day if their walks and gutteis were not
cleaned.
Another matter, a nuisance, that is
engaging the attention of tho stieet de
pal tment Is that of the low-stretched
wiies alonjr outside lawns and which
aie veiltablc snares to the night pedes
trian and tho absent-minded. Com
plaints have been mude against them
nnd thoie Isi one case of a young wo
man v.ho ttlpped over one of the wires
and was Injured so badly as to require
the attendance of a physician.
A list will be made of the known
location of all such wires and tho own
eis dliectod to remove them. In case
of non-compliance, men fiom the street
department will perform tho wotk and
tho cost collected from the owners.
Great bargains in hair switches at
Konecny's, hair dresser, 317 Lacka. ave.
They arc marked for a cuiick
good-bye. Ten at $5.00. Six tit
S1.50. Fifteen at $2.00 and eleven
at $2.50, and two months oi more
of wearing time ahead,
These goods are hold regardless
of cost. Large losses arc taken to
adjust the stock.
Never mind description. The
hats should find owners before
the week is gone.
Ten do.en Untrimincd Hats
marked at one-fourth their real
value.
A. R. SAWYER,
132 Wyoming Ave.
Nay Ahi; Park Colliery, Camivnii
& Stokes, Coal Operators.
Egg, Stoic ami Chestnut.
AT MINES, $2.00,
DELIVERED, $2.50.
TELEPHONE, 3712.
Colliery, Gibson St , Tenth ward
Olilce, 136 Wjoniins avenue. Stiict
attentlon,givcti to oideis by mail.
EST .SETS OF TEETH $8.
IncUiuinB tho painless extracting of
teeth by an entlioly now piocess.
S. C. SNYDER, D. D. S.,
311 Spruce St , Opp. Hotel Jerinyn.
Mill lliKii
REDUGED. HM. REDUCED.
fP H ff I fi &a mvhf
wm m
Kin s im
(LARGE
ASKS FIVE THOUSAND DOLLARS.
.Mrs. Cw cnnlo Evans Injured in n
Stiuot Cur CoIHrIoii.
Trs. awennle Evans, of tho North
End, one of the women Injured In the
street car collision near Butko's hotel
on the Providence line, January 20 last,
yesteiday bi ought suit against tho
Traction company to recover $5,000
damages.
Mis. Evans avers that she was
tin own against tho stove by the force
of the collision with such violence that
she was bruised and battcied and made
hysterical, nnd sustained such a shock
to her nervoiiB system that she has
been prostrated ever since and will be
so permanently.
It Is alleged that the brakes on the
cars which ran Into the one on which
Mis. Evans lode were defective and
that both cats were tun negligently.
Vosbutg & Dawson are attorneys foi
Mrs. Evans.
The Iiititigurntinu.
For the Inauguration of President
elect McKlnley, at Washington, the
Lehigh Valley Railroad will make very
low excursion rates, and this Is yout
opportunity for sight-seeing nt the
capital of the United States, witnessing
the pomp and pagcantiy ot the in
auguration festivities at a smal.l cost
to youiself.
This companj offers the best of ac
commodations as to train service, and
passes through thp mountains of Penn
sylvania where tho most magnificent
scenery of tho "Switzerland of Amer
ica" may bo seen from tho train.
Inquire of ticket ugent3 for time of
trains and rates.
Ml members of Scranton lodge, 123,
13. P. O n mo earnestly toquested to
assemble at lodge looms this Thuisday
morning at 0.30 a. m., to attend the fu
neral of our late brother L. T. Payne.
Services will bo conducted at Second
Ptesbytcrlan chuich at 11 o'clock; In
terment at Foster, Pa. Special rates
have been seemed for lodge membets.
W. S. Gould, Secretary.
Notice.
Wo are still doing business at tho
same old stand where we have been for
twenty-two j'eats past nnd most re
spectfully solicit the patronage of the
public as hetetofoie In awnings, tents,
Hags nnd all kinds of society goods
nnel decorations.
S. J. Fuhrman & Bro.
iEIIil
Je make OllC Last Deep Cllt on
such items in our Hardware Depart
ment as we arc overstocKcd on. They
arc the goods you want, and 0111 lOSS
SS JOUr gain. Not a quotation here
but is less than wholesale prices.
Prices hold ood for this week only:
Red Hot Hand Saws 15c
Miner's 26-inch Hand Saws.... 39c
Boxwood Rules, 2-fool folding, 4c
Papsr Saw Files 2c
Miners 10-Inch Mill Saw File, 9c
Spring Balances, tST 5c
Glass Cutlers 6c
Tracing Wheels 2c
Screw Driver, worth 25c, cut to 9c
Whetstones, true sawed 3c
Socket Firmer Ghisels M. H,
1-inch 9c, 10c, 12c
Bit Braces 10c
Shingling Hatchets, stee! blade, 17c
Biead Knives, carved handles... 6c
Sohmsr Piano Stands at the Head
AND J. V. GUERNSEY Stands at the Head
In tho Music truck. Vou can always got a
hotter bargain at his beautiful warerooras
than at any other placo in tho city.
Call and seo for i ourself hoforo buying,
205 Washington Avenue,
SCRANTON, PA.
J. W. GUERNSEY, Prop.
The
Prettiest Patterns
Iu carpets, the
patterns that will go best
with the walls, the ceilings
and the furniture of your
home are here. Another sat
isfactory thing about our car
pets is that you can be abso
lutely sure of their wearing
qualit'. Our reputation is
staked on that.
406 Lackawanna Ave.
Opp. Wyoming House,
TB II I SUCK
BEFORE I
MEI99
"lis LiJ" 'rrTT.-'ifl'SlHSil'j
WINDOW,)
I
423 Lackawanna Avanm,
Watches,
Clocks, Jewelry,
Sterling Silver
And Cut Glass.
Great Reductions in
These Goods.
Watches and Clocks
paired on short notice.
All
Re-
Gw
WROUGHT IRON
UMBRELLA STAND
With
Removable
Brass Bottom,'
Wc also have a now line
of Ilccr Mugs, with covers, Cri
as low as J D
METROPOLITAN
CHINA HALL
C. J. WEICIIEIi,
Mcnrs Bids, Cor. Wash, and Spruce St.
A. E. ROGERS'
Jewelry Store,
213 LACKAWANNA AJE.VJL
DIAMONDS, JEWELRY,
CLOCKS, WATCHES,
Look at our $10 Gold Watches,
Warranted 15 Years.
213 Lackawanna Avenue.
YOU CAN SAVE MONEY BY BUYING
NEW AND
SECOND-HAND CLOTHING1
Ladies and Children's Wear.
Seal and Plush Sacqucs,
Carpets and Feather Beds
From
L. POSNER, 21 Lackawanna Ave.
ELECTRICAL MACHINERY
REPAIRED BY
SKILLED WORKMEN.
THE
LACKAWANNA LUBRICATING
1212 CAPOUSE AVE,
SCRANTON.
CO,
WARREN-EHRET COMPANY,
CONTRACTORS FOR
n
i
n
N
314 Washington Avenue,
SCRANTON, PA.
Strictly New Laid Eggs,near by, 20o
Fresh Eggs, Jersey Stock 22c
Cood Storage Eggs 16c to 18c
Fancy Hot-House Itadislics,
Ripe Tomatoes, Cucumbers,
Green Beans, Cauliflowers,
Mushrooms, Etc., Etc.
W. II PKfPlML III
Hrfe)
IE I
i OH $1.39
v (
i
u! 0 U