f-snrrrp ," -tjsmm--' rwami(- v TiiJii oCRANTON TRIBUNE- WEDNESDAY. MARCH 30. 1S9S. 1 11 II m i as In a sliort time the girls of Scrautou have discovered the many merits of our New io-inch Gblf-cut Wheel Shoe. It supports the ankle better than an Oxford and is not so confining as the Knee Boot. Wc have them in black and brown soft Vici Kid, also with plaid tops. We are selling them for $2.50 the pair EH & SPENCER, 410 SPRUCE STREET. The Wilkcs-Darro Itccora can bo had In Screnton at tuo news stand3 of M. Melnhart, 113 Wyoming ucnuo; Mac, Lackawanna avenue. CITY BOTES. Appeals frorr the trler.nlal assessment In the Sixth, Seventh and Illghteonth wards will bo heard today by tho coanty commissioners. Rev. Dr. McLeod spoke at the special service In tho Tlrst Presbyterian church last night and tonight the discourse will be by Ilev. Charles I. re, of Carbondale. Constablo rrederlek Mink, who was viciously assaulted by Constable Joseph Woelkers Monday afternoon In AUleinun Vt light's offloe. Is still In yie I.ack nvvnnna hospital His condition, how ever, Is not serious. John and Cordelia Seism and Constablo W. N. Cole w?io sued for ?l,5i damages jesterd.iy by Ida and IZ. A. Wlllard vsno nlloga that the plaintiffs illegally seized their household goods. Attorney John K, Scragg represents tho plalntilfs. The annual supper of tho South Sldo branch of the Young Women'.) Christian association will bo held tomorrow even ing at the rooms, 1031 Cedar aenue Miss Van Kort, the secictarj, and the commit tees working with her, have ananged an elaborate programme for tho event. P. M. Houghton, of tills city, has bought tho drurf business established by the late George Brinkman, ot Wilkes H.irro, nnd can led on for tho past three and a half vt.us by Audicvv J. Stuart at tho corner of Cue) avenue and Susime hanna stwet, in that citj. Mr. Houghton will take possession toda). Patrolman John D. Thomas had a plight reeurrenco of the pain rrom his wounds jesterday afternoon, but on a whole bis condition is stc.idilv Improving nnd barring complications, he -hill re cover much sooner thin was first con sidered possible lie sat up ne.illv all d.ty jesterday, Tvhle'i Is ,i tavorable sign. The funorn! of the late James Oliver, 1r will bo held Thursday afternoon. A brief service will be held at the home of Noah Davles, 1030 Providence lend, at 2 o clock, ami tho main Sjervlco at the Kilst (Welsh Congregational church. South Main avenue. Ttcv David Jonts tho pas tor, and Rev. I'tter Roberts, of Olyphant, will olliclate OLCHMFSKTS BAIL FORFEITED. The IJondsiiinii, It Is Bnld, Gave Straw Hull. Court yesterday declared forfeited the ball of Leon OlchefMU the fugitive fliebug. His bondsman was Igntitz Pretz, of Stone avenue, and the amount of the bond was J1.E00. It Is positively stated that the ball Is no good; that while Pretz owns $1,500 worth of property It Is completely covered bj' building: and loan association mortgages, The witnesses Jn the case from the present outlook will never secure any pay, from the present outlook. Po.tnmtter of Tnuyhnnnti .Hill.. Alvln O. Seig has been appointed postmaster of Tobyhanna Mills. Mon roe county, to succeed J. W. Cornish. Hrnwn, tho Urnymnn. Has the greatest facilities for carting freight. Telephone 0632. ooooooooooooooooo Fresh Fish and Oysters Every Day. THE SCRANTON CASH STORE )Wocxooooooooooooo VAN HORN HEARS HISAWFUL DOOM Murderer of .irs. Josephine Weslcolt Sentenced to Re Handed. RULE FOR NEW TRIAL DISCHARGED .Indite Arclibnld Hnndi Down nn Hx luiusttvo Opinion llnviewlng the Ilonicjiiit Adinnoed ford Nrv Trial nnd DlnmlinltiK Them with a Com ment on EachAs to the Stenogra pher's Notes nnd the Coutt'i 1'ovrer to Amend Them. Judge Archbald yesterday refused a new trial In the Van Horn case and sentenced the convicted mttrdeter to death. The prisoner was brought down from the Jail In custody of Warden Simpson at 9 o'clock a. in. lie remained in the prisoner's pen for about a quarter of an hour while awaiting the coming of Judge Archbald, who was engaged in chambers. Upon the arrival of the Judge, Van Horn was arraigned before the bench and, after the decision had been handed GHOHUJJ K Van IIOUN' down discharging the rule for the new trial, he was asked If he had anything to say why the sentence of death should not be Imposed upon him. He lowered his head for a while, ns If In thought, and then said In a low tone: "I guess there Is nothing to be wild." Mr. Wedeman, nttotney for Van Horn, stood by but did nut have anything to offer. While Judge Archbald Imposed the awful death sentence there was a deep and dread silence In the court room. "The sentence of the court," the judge In slow nnd measuied tones repeated, "Is that you, Gtorge K. Van Horn, be taken hence to the Lackawanna county prison, there to remain until the time shall be fixed by executive warrant for jour execution; that you be taken to the place of execution within the walls or yard of said prison and there to be hanged by the neck until you be dead, and may God have mercy upon j'our soul." NOT AFFIXTED. Van Horn was not visibly affected by the hearing of his doom, and when the ordeal was over with he walked un aided and with apparent calmness to the prisoner's pen to await the "Black Maria." Van Horn's attorneys Btated that they would at once appeal to the Supreme court for a new tilal, urging the same leasons as presented in the local courts. The opinion accompanying Judge Archbald's decision, dlschaiglng the rule for a new tilal, covers twentj type-written pages. Nearly one-fourth of this space Is given up to the dis cussion of the conflict between his notes and those of Stenogiapher W. D. Coslon. Mr. Coston's notes made the judge say "every unlawful killing Is piesumed to be murder of the first de gree," a llagrant misstatement of law. Judge Aichbald holds that what he said was: "All killing Is presumed to be murder, though not of the fltst de gree " Mr. Coston stoutly maintains even yet that he did not make the mis take accredited to him and gives as his reason for being so certain about It that he stopped at that particular point to write the preposition "of" over the word sign "murder first degree," so that he would have It exact, the judge hometlmes saying "In the first degiee" and at other times "of the first degree " This Is what the Judge has to say of the matter in his opinion: It is urged as a liuther icason lh.it the court instructed tho Jury that "I'.vory unlawful killing Is piesumed to bo irur der of the lirst degiee." This statement Is made on the strength ff tho transcript taken from his iiotes by the btcuographer, but his notes aro in erior, for some rea son ho tailed to catch two iju'ilifylns words which muko all tho dlfferenco be tween a correct and ii.correct declaration of the law What was said was that "Every unlawful killing is piesumed to bo murder thoi gh not of the first degree. ' This is a matter of memory which is very clear and distinct with me. and on tho strength of It the stenogiapher's version of the charge must in this, as In other particulars, give way to proper correc tion. Tho charge was delivered from ery full notes piepared with care beforehand, but at this point was slightly varied from. Leading up to an explanation of the dis tinction between tho different kinds of homicide the statement In question was made that "Every unlawful killing Is pre sumed to be murder." CHANGH MADE ADVISEDLV. Kearlng, however, that this might be misleading as It stood and for tho veiy puiposo of qualifying it the words were added "though not of tho first degree. ' 1 was conscious at tho tlmti that this dis turbed somewhat the tenor of tho chaige as It had been outlined, but it was advis edly dono in the Interest of greater cer tainty. It took the place of the usual formula, that tho presumption lose no higher than murder of the second degree. Nor is it possible that the negative and qualifying words which the stenographer fr.lled to catch woie omitted In as much as they vvero an essential pert of the thought which directly prompted the mention of first degree murder. Tho correction of the charge does not rest upon the absurdty of any Judge of experience being led Into boldly declaring that every unlawful killing was presumed to be muider of the first degree, althougn that might well bo put forward, noi that such a statement Is cntlioly Inconsistent with what Immediately follows in the charge where it Is explained to tho jury how the ptcsumptlon according as tho evidence wan ants It rises to murder of the first degree or fall to manslaughter. Further alonif this line Judge Arch bald points out that both of Van Horn's attorneys and the district at torney were present while tho charge was being delivered. The former did not have any knowledge of the alleged misstatement until the charge was transcribed und Mr. Jones asserts posi tively that the misstatement did not occur. Tho alteration of the stenographer's tianscrlpt by the court. Is not a mat ter of doubtful authorltj' tho Judgo contends. It Is not only authorized hut enjoined, h pv. This matter luii even heon carried so far that It thero Is variance between the notes ot tho Judge and the stenographer the court can und must correct the stcn ogutphcr's note3, even though tho rotut had In a geneial way previously certified to their correctness. Tho court's notes ara par? mount the law says. HAD TO HRLV STENOGUAPIMMl. Judge Archbald also says that he had to help the at.neginphcr out on a very Important pnit of his notes, which he could not read And In a nmiglnal note the Judgo calli attention to the fact that Various cotrectlons wore made In the transcript of the present opinion, although It wai dictated slowly to the stenographer who was sitting only three feet nwny. As to tho matter of allowing tho Jury to view the premise without permit ting the defendant to go along, the Judge says, that while authorities dif fer on this matter. It Is settled In this state In a supreme court decision In the case of Salyards l&S Pa. 601, in which the ground for a new trial was this very contention. The supieme court afllrmed the conviction. Tho matter of admitting the testi mony of confessions made by tho de fendant does not matter much, ho siys, bcc.iUEO the defendant himself admit ted afleiwards on the stand virtually all that the vvltnessps of tho confession testified to. Leaving this aside, thete was no eiror committed, the Judgo contends, because It Is discretionary with tho court to admit or stilke out a confession. The Judge takes very pointed excep tion? to the statement of the oounrel for the defense that the doors of the juiy room weto locked dining neaily all the time that the cas was on trial, fhituidny, Dec. 4, and that many of the defendant's witnesses did not respond when called, leaving the Inference that It was because they could not gain entrance to the court room. MISSTATEMENT OF FACTS. "This is a serious misstatement of facts, and I do not see how the counsel could havi brought themselves to make It," the Judge declares. The doors vveie only kept closed during the ex amination of a witness and were open ed up In the interval between one wit ness leaving the stand and another go ing on and also in the Intervals be tween the direct examination and cross examination of a witness. Court has powei to do this, the Judge states, and in this connection makes the comment: "It is no denial of nn open and public trial that the public Is not permitted to make the court voom a thorough fare." In denjing that error was commit ted In admitting the testimony of Mrs. Wescott's declaration after she came from tho cellar with her throat cut, which statement, the defense contend ed m,3 to icniote to form pvt of th res gestae. The Judge quotes a su preme court decision In an analogous case, Com. vs. Wemty, 1C1 Pa. 691, in which there was admitted as evidence a statement made after the victim had been cnrrled across the street and Into a barber shop. In this case Justice Mitchell held that the statement wns pait of tho res gestae because the con tinuity of events was not broken. As to Mts. Wescott's declaration that she had been "murdered," Judge Archbald says, It was admlssable both as a pait of the res gestae or as a dying declara tion. The refusal to allow the defendant to examine jurors on their voir dire as to whether or not they would be preju diced against the defendant If It de veloped in the tilal that he had been living In an Immoral state with Mrs. Wescott. w hlch the defense claimed It had a light to do so as to enable It to Intelligently exeiclse tho right of per emptoiy challenge, was dismissed in the opinion with the comment that while an lnquliy of this nature might be extended as to prejudice against foreigners or something that was in a case, but to extend It to anything and everything that a case might chance to develop would be to sail upon an un known sea without guide or compass. DENIAL IS MADE. Denial Is made that court took the consideration of the Insanity feature of the case away ftom the Jur The weak character of the testimony to make up this plea was pointed out, the court says, but It was left for tho jury to pass upon It. The newly-discovered evidence Is not sufficient to win rant a new trial, the couit rules, and goes at length into a discussion of the weakness of tho Galincs girl's depositions, showing that if she wasn't deliberately lying she was badly mistaken nnd that even if her testimony weie true, the only material mattet she testified to seeing Van Hoin going Into the cellar and Mrs. Wescott following with food was an occuircnco that took place weeks be fore the killing and consequent!)' too remote to have any bearing on the case. The opinion concludes thus: "This extended review of tho principal le.i sons assigned for a new trial must bo brought to a close. It has been made not because we had any serious doubt with regard to the questions discussed but for the purpose of showing that due consideration has been given to the reasons advanced by the defendant and that a conclusion adverse to him has not been other than dellbetately reached. "The lule for a new trial Is dls chaiged." QOLD IN CARBON COUNTY. Tho Truth About tho Gold Discoveries Tharu. Many articles have appeared In print concerning gold discoveries down In Penn Forest township, near Penn Haven, on the lino of the Lehigh Vul ley. Tho last article 3tated that Ezra Newhait had discovered a good paying ore that yielded about $39 a ton. Many Inquiries were made respecting the land and a News-Dealer reporter was sent to Pe-nn Forest and secured a sample of the ore-bearlns rock. It was sent to the Philadelphia mint, and tho ofllclals stated that there wasn't a trace of gold In the find. A number of samples were sent to other places to be absayed and all the reports agreed on tho point that there wasn't a tince of gold. It cost this newspaper $10.25 for this Item, but wo weru will ing to contribute that If a Klondike should bti discovered as near home as Penn Haven. Tho belief that there Is gold In Carbon county Is universal In that section, but very few actual tests have been made. Wllkes-Barro News Dealer. MKS. ROCHE WANTS DIVORCE. Kxl'olica Ofllcnr I Chnrged with rnel TrrntniPiif. Nora B. Iloach, through her attornej', John V. Scragg, yesterday Instituted proceedings to secure a divorce from her husband, David P. Iloach. Ali mony la also asked for. Cruel and barbarous treatment Is the cause assigned. They were married July C, 1883, and lived together until Match C, this year. NON-SUIT GRANTED IN A CITY CASE Alary Cole Failed Sufficiently fo Show tlic City's Liability, CITY DANK CASE PROCEEDINGS N. !. Goodwin Given Expert TcstU moiiy Tending to Show n I'icllttniis Incrnnie In tlm ltoitl Estnto Ac-oounta-Uentoii Storekeeper Such to Recover on a .Nolo--Verdict for t nlvin I'reeinnii In Ills Mugo Cum 511lnst U. V. Patter. City Solicitor JIcGlnley secured a non-suit before Judge Archbald yes terday In the case of Mary Cole against the city of Scranton. Tho plaintiff sued for danmses for a broken and perma nently disabled aim sustained by trip ping on an uneven board walk on San derson avenue, Sept. 12, 1S92. There wns not sufficient evidence, Judgo Archbald decided, to show the city's liability and he granted the city solic itor's motion for a compulsory non suit. The case of E Sweet against A. P. and Hannah J. Lewis was on trial all of yesterday before Judge Edwatds. The plaintiff Is a storekeeper In Benton nnd tho defendants vveie his custom ers. Ho refused to extend credit to the husband, so the wife! who owns a farm, started an account in her own name. When It had reached the sum of $331.02 she signed a note coveting the debt, her husband also attaching his signature. Sweet sues to recover on the note. Tho Lewises claim that the debt was dis charged, that tho note was alteied after it was signed and that the wife can not be held responsible because the goods were purchased by and for her husband Attorneys Joseph O'Brien and W. W. Baylor represented the plaintiff. Hon. W. W. Watson appeared for the de fense. Tho case will bo given to tho Jury this morning. Tho Scranton City bank case was nd- Journed for the day nt noon at tho :e quest of several of the attorneys, who deslied to attend the funeial ot the late W. T. Smith. The testimony adduced yesterday tended to show that the real estate ac count of the bank had been fictitiously Increased by Cashier Jessup to balance cash that he had invested privately. N. G. Goodman, a director of the bank and at tho time Its bookkeeper, gave this testimony as an expert after mak ing an examination of the books. In the case of Calvin Freeman against George W. Potter the Jury yes terday morning returned a verdict for the plaintiff In the sum of $30. MALONEY MULCTED AQAIN. t'wo Jlloro Cases 111 Which He V Prosecutor Are Ignored, Nine true and nlnety-ono Ignored bills were returned by tho grand Jury yesterdny morning. The true bills re ported were: Assault and Battery Angela Chorrl; Fllomcna Cherrl, prox. David P. Roach; Norah II. Roach, prox. Thomas Collins; H. Goldsleger, pros William Ellby, Alice Ellby, William Cotwan; Charles A. Stan ton, pros. Malicious Mischief Agatha Driesbach; Joseph Brick, pros. Attempt at Rape Antonio Cardamonl; Lucia Ccrra, ro Larceny by Ballco William Hlnman; Frank M. Gill, pros. Falso Pretences Jacob Elleman; Wil liam A. Faulkner, pros. Larceny and Receiving Martin Cawley; Richard Taj lor, pros. Among tho Ignored bills were one charging murder against John Orban, alias John Youman, and two in which T. II. C. Maloney charged Clementine Kovinskl and Josephine Jezerskl with selling liquor without a license and one In which Malonej' was charged bj- Si mon Nnraskiis with perjurj. Tho prosecutor was mulcted for the costs In all but tho murder case, in which tho countj' was directed to pay the costs. Orban Is the man who was anested hero for the murder of his brother In Brow nville, Faj-ette countj. BONDS WAS THE SUBJECT. Discusicd nt Mueting ol the Scranton Open Congress. The Scianton Open Congres-s held Its regular meeting last evening at 323 Adams avenue. "Bonds" was the sub ject discussed. The probability of a war with Spain and the need of a huge amount of money to paj- the soldiers and buy supplies wns made the basis of tho di.scusslon, and It was pointed out that the same mistakes made dur ing tho Civil War should not be ic peated. If money Is needed a national cur jencj' should be issued instead of Interest-bearing bonds, which are vir tually mortgages on our children and NOW Dress Goods We are making a great display of Medium and High Class Goods in all the stylish weaves aud colors. It will surely be to your advantage to visit our department and learn our prices before you purchase. Silks Fine selection of new Blocks and Bright Plaids, in all the high colors, Chiuas, Taffetas and Satins in great variety. Organdies Genuine French aud German Goods in all the desirable patterns. MEARS & v OOOOOOOOOOOOOOOOO Easter Novelties for the approaching Easter-tide. Fragile Crystal Lily Vases from Bohemia tall Vases, short Vases all colors, decorations and prices. Also the newest notions in decorated China Easter Eo:gs, Easter Bric-a-Biac, Etc., are now ready for you at MILLAR & PECK, "Walk in Bnd OOOOOOOOOOOOOOOOO therefore cownrdly and unmanly make shifts. Tho subject chosen for next Tues day Is "The Social Democracy of America." SONS OF VETERANS MAKE MERRY. Held nn Enjornhlo (Smoker nt Their Rooms I, imt Mclit. Camp No. S, Sons of Veterans, had a "smoker" at Ezta Giltlln post rooms Inst night. It was attended by a largo representation of the camp's member ship and by delegations of the Grand Army of the Republic and Union Vet erans union who vvero the guests of honor. The exercises were presided over by Frank Gaidner. Speeches were made by Major Pearce, Wallace E. Moser. J. Aichle Jones and others. "Tommy" Allen sang a number of songs of his own composition and there vveie other musical numbers by vailous of the mcmbeis and visitors. GOOD TIMES have come to those whom Hood's Sarsaparllla has cured of scrofula, catarrh, dyspepsia, rheuma tism, weak neives, or some other form of Impure blood. HOOD'S PILLS are the only pills to take with Hood's Sarsaparllla. Easy and yet efficient. Mount Itoiitiiic and Plumbing. P. F. & M. T. Howley.231 Wyoming ave. 1 What's i t t The Use Of paying twenty- five cents to have a crystal fitted in your watch? We do it for 10c I Or why pay a dollar for having your watch cleaned? Here a t it costs you a 75c ! A mainspring that T you pay a dollar for J elsewhere we fit and J guarantee for j J O It's the Rexford idea O these little prices. It's the same wa' with all repair work, & and the work is the best available AL- o WAYS. THE REXFORD CO. 303 Lackawanna Ave, FOR Special Attention Is Invited to Our . . . TailorMade Suits Mixed Cheviot suits, $5. 95. Green, Tau and Grey Mixed Eta mines, $10.00. Covert Suits in various colors, $12.50. Black Cat Hose For Boys, Stocking made, you, 25 cents. oooooooo Ladies', Hisses' and Children's Plaid and Stripe Hosiery, very fine assortment of popular priced goods. HAGE 9 OOOOOOOOOOOOOOOOO 134 Wyoiln; Araim 12. look around." OOOOOOOOOOOOOOOOO This means that either man may bo matched against Hyan with the chances In favor of Zelgler. No boxer of greater repute has ever appeared here for a decision, Dobbs, McAullffe and Stanton Abbot excepted. Full par ticulars In reference to the match ore expected here today or tomorrow. CASTOR I A For Infants and Childron. TitflB- :lcllj djitturj ct $&&& .SB it n tTirr viifftr. Baby Bazaar A comfortnble baby is a "good baby." ARNOLD'S Knit Night Drawers, Knit Night Gowns, Knit Bath Blankets Secure comfort for child and mother Also Full Line of Domet Flannel Night clowns, Lounging downs and Dressing Sacques For Ladles and Children. 51S SPRUCE STREET Dyspepsia, Heartburn, Ous. trltli nod all Stomnch Disor ders positively eared. Urover Graham's Uys. pepsin Remedy in a sueciflc One done re move) all distress, and a permanent cure of tho most chronic. tindHOVore casoi Is guaran teed. Do not suffer! A fio-oent bottle will convince the mo skeptical. Matthews tiros Druggists, 320 Laoka wanna avenue. Don't Forget z This is the last -week to get such Bargains in Diamonds, Watches, Jewelry And Silverware We move April ist to 205 Lacka wanna avenue, Valley House Block. Watch for Opening An nouncements. Every purchaser presented with a Sterling Silver Thimble. Weichel, Jeweler, 408 Spruce Street. PR1NG TRADE. the most durable A trial will convince 415 and 417 Lackawanna Avenue, Scranton, Pa. Easter Opening l IS g S Many New Novel- c S tics for Easter Baskets, 5i u aud Candy: Rabbits, Chickens, j X Roosters, PJgs, & g Easter Egg Dye, S: v 6 Colors $-: w in Package, s?i 9 4c Package, S ia Rabits on Bicycle, !S Rabbits in Shoe, $ Rabbits Pushing 5 Baby Carriage ?: & S e & 5 Easter Sheep S And Many Others 5 C 5 Our Cocoanut Cream 9 Eggs are the finest you ZS ever ate, nothing purer from ic. up. THE H 310 Lacka. Ave. 5 J. n. iadwig. mwmmmimmm n 1 1 Kid Gloves Our M. & H. Gloves are giving immense satisfaction, at $i.oo. They are the best value obtainable. Flexibone Moulded Corsets The best is the cheapest. A writ ten statement embodying all that might be said of these matchless Cor sets would be a long story. The best possible conception of their merits comes from actual experience. Every lady wearing them will have no other. Ribbons In ,the new Plaids, Roman aud Biadeu Stripes.