THE SCRANTON TRIBUNE-FRIDAY, JUNE S, 190U.
'.
i
r
Ice Cream.
UGST IN TOWN.
" Per
ly Quart
LACKAWANNOAIRY CO
Telephone Orders Tromptly Dell vered
2I.-317 AdamJ Avenue.
-0
5(ranfon Transfer Co.
Baggage Checked Direct to Hotels
and Private Residences.
Office D., L. & W. Passenger
Station. Phone 525.
C. S. SNYDER,
The Only Dentist
In UieClty Who Inn Graduate la
Alcdlolne.
420-422 SPRUCE STREET.
Teeth
Gold Crowns,best $5
Gold Filling, $1
Best Set or Teeth $5
Silver Filling 50c
- yrfr-'
iM Y
Good Care.
Good care of tho teeth does much to
preserve them, hut tho dentist does
more. lie can direct you In that care
and, hy examination, prevent you fiom
suffering and inconveniences.
DR. REIVER
E1A SPRUCE ST. OPP. COURT HOUSE.
Open Wednesday anil Saturday evenings.
DR. H. B. WARE,
SPECIALIST.
Eye, Ear, Nose and Throat
Office Hours 9 a. m. to 12.S0 p. m.: 2 to L
Williams Building. Opp. Postofllce.
---r -r ---H--t--f
: CITY NOTES I
-r- -f
WILDING COMMITTEE. The building com.
millce of the board of control will meet this
evening for the purpoie of avvarding the contract
for one thousand sihool desks.
ASS.U'LTi:r HIS Wll'i:. John rinnerty, of 131
Cameron avenue, was Jeterday committed to
the county Jail for ten daja by Alderman Howe
on a tharce of aault and battery preferred by
Ills wife, r.llcn.
Di:(iiir.r.s to hi: conteished. Scranton
ca-tle, No. 137, KhIrIiM of the Mjstic Chain, will
this evening confer the enquires and sir knighU
ilcgrecx. District Deputy John II. Phillips will
make an addict.
ACCUSED 01' TIIltKATS.-Jamei C. Tighe, of
North Scranton, was arraigned before Alderman
Kaxion jeteril.iy charged by his wife, Mrs. Mary
Tiglie, with surety of tho peace and threats.
He was held In IJS00 bail.
PAY DAYS. The Pel mare, Lackawanna and
Western company will piy its emplojes at the
Storrs colliery and at the michinc shop today.
Yctcrday the employes of tho Diamond and
I!elleuc collieries were paid.
VISITED HII.I.II)i: HOME. Tho home com.
rrltloe of tho poor board jesterday vMted the
HilUido home on a tour of inspection. Presi
dent Ilrooks accompanied the members of the
committee. Directors Pickcrt, Paine and Will.
lams.
AN.NTAT. MIXTIXO. The annual meeting of
the Young Women's Christian association will bo
held in association lull on Tuesday, June 12,
at 8 p. m, Tho election of otlicers will take
place and the secretaries will read their annual
leports.
HAD ni:i: riOIITIXa. A man was found
Ijlng in Center street last cloning by Mounted
Olllccr llloch and Patrolman Karlus. He was
covered with blood, as the result of a, street
fight, and was taken to the Center street police
station.
HAND CIU'SHED -William Smith was re
relied at the Lackawanna hospital last nifht
with teveial of the finjcis of his tine hand
crushed. He had jumped oil a train In the tun
nel, near Xay Auc. oi.d falling had hi hand
ciushed under Hie wheels.
LAXaOUTII-DOIir, NUPTIALS. MIsj Mildred
Lansguth and Oiorsi- 1'. llohl were married on
Wednesday evening by Rev. W. u. Lauer, of
St. Paul's Lutheran church, Park Place. The
joung couple will bo at home at 6:0 West Lack
aw a mil avenue after Juno 15.
PKIXCETO.V EXAMINATION'. - Examination,
for entrance to Princeton university will be held
on Thursday and Friday, June 11 and 15, In the
Connell building, Scranton, Pa. For further in
formation call upon James Illalr. Jr., at the
SPEEDWAY NEWS.
SSk
The Speedway hotel
Open All Year.)
Five hundred feet nhovo the city
beyond the Park. On the beautiful
drive to Lake Scranton. A first-class
city hotel in the woods. All Krle and
Wyoming Valley Kallroad trains stop
at Speedway crossing.
Breakfast, 6 to 9 a. in.
Lunch, 1 to 3.30 p. m.
Dinner, 6 to 9 p. m.
Lunch all day In Cafe.
Arrangements for large parties
by phone, 4674.
Gentlemen's Races Wednesday
and Saturday at 3 p. m.
SAMUEL ft COX, Manager,
P. O, Scranton Pa.
H S --
.V t X I
v
pgfO.RLMlCABEO
Scranton Savings bank, or John M. Harris, csj.i
Contiell building.
BONO RECITAL. Mr. W. A. Roberts, basso,
of this city, will give, a recital on Friday even
ing, June 8, it Wllkesllarre, In the auditorium
of the Wllkei-llarro lluslness college, Simon Ions
building. He is a pupil of Dr. I). J. J. Mason,
of Wllkcs-Ilarre. Mr. Itobcrts tlll be nutited
by liiu .Margaret Davis, planlste, of I'ltttton,
who la also a pupil of Dr. Mason.
LEFT WITHOUT PERMISSION.
Threo Girls Departod from tho Houso
of the Good Shopherd.
Thro young girls, all ot them about
15 years of age, created a small sized
panic at the House of tho Good Shep
herd yesterday noon by taking French
leave and shaking the dust of tho in
stlutlon gtounds from their feet. They
are known by the names ot Nellie Mc
Grady, Nellie Winkler and Annie John
son, and the first named girl halls from
Wilkes-Barre.
They were arrested at the home of
William Seddons, an uncle ot the Mc
Grady girl, on Capouse avenue, by Mrs.
Duggan, ngent for the associated char
ities, and were taken to the central
police station, later In the afternoon
being taken back to the House of the
Good Shepherd.
The girls, it seems, in the morning
were working in tho garden, shaving
considerable liberty and not being un
der any watch. The gate was open and
they suddenly make their exit and to
gether went to the home of Mr. Sed
dons. When they arrived there Mrs.
Seddons, who didn't like tho idea of
the sudden leave, 'phoned police head
quarters and within one hour from the
time the girls left tho House of the
Good Shepherd they were behind the
bars of a police cell.
The girls say they ran away ns a
lark and Intended to go back again.
FAKE RESOLUTIONS.
Local United Mine Workers De
nounced the Action of tho Scran
toman in Vigorous Language.
The strenuous efforts that are being
made by unscrupulous persons to use
the United Mine Workers to further
their political schemes has called forth
the following vigorous resolution from
Local union, No. 127S, United Mine
Workers of America, of West Scran
ton: Whereas, An effort Is being made by a certain
Sunday paper published in this city, to drag the
United Mine Workers' organization into politics
and to create the impression that the said or
ganization is taking sides for or against certain
candidal) s in the approaching primaries and elec
tion, and
Whereas, The fundamental law of our organiz
ation provides that the organisation shall not in
terfere in politics, therefore be it
Resolved, That we condunn any effort on the
part of any paper or Individual to bring our
organization into disrepute by the attempt to
Use our organization to further any man's politi
cal interests, or to drag down any aspirant for
political honors, and we endorse the words of
Charles J. Tbaln, one of our national organizers,
when he saw:
"The IT. M. W. of A. Is an organization of
and for mine workers to obtain by concerted ef
fort better conditions of employment in and
around tho mines. It does not intend to mix in
the political mess to lurther the selfish inter
ests of any individual or individuals whether they
be meniliers of the organization or outsiders. It
shall not lie made the catspaw of any member
or members for his or their personal gain, pre
judice, or ambition, nor shall It be at the boek
and call of any political clan, clique or indi
vidual. Its only political effort shall be to pro
tect tho voter in the fiee exercise of his fran
chise, thus emancipating bint from the coercive
power of the boss and corporation heeler, firmly
believing that when it accomplished this the
voter can and will put the right man in the
right place."
Whereas, Mr. M. ,1, Olbbons, the sewer con
tractor, has shown himself to be a true friend
of organized labor by giving work to the mem
bers of this local when deprived of their own
work by the obstinacy ot the officials of the
Mount Pleasant Coal company, and
Whereas, Mr. Gibbons' actions and motives have
been misconstiued by the Scrantonian, and Ids
good works held up to contempt by said paper,
ltesolved, That ve express our utmost confi
dence in Mr. Olbbons and extend to him our
heartfelt thanks for his interest in our welfare
and bis good offices in our behalf.
Whereas, In last Sundaj's issue of the Scran
tonian it was stated that resolutions condemning
William Connell's attitude towards organized la
bor had been approved by the men of our local
when in .cssion.
ltesolved, That we condemn this statement as
unwarranted and contrary to the truth, as no
such resolutions liiil ever been adopted by our
local.
John Grcavy, Austin Maguire, Committee.
LAST OF THE SEASON.
Enjoyable Concert Given Last Night
by the Loidorkranz.
The last concert of the season, of the
Scranton I.lederkrafz, wns given last
night at Music hall, under the direc
tion of Professor Theodore Hemborger,
and proved a great success, a large
audlsnce being present, which was
greatly pleased by the enjoyable pro
gramme rendered.
The Lictleikranii itself opened the
entertainment with a selection and
was followed by Miss Cordelia Free
man, who, in a beautiful soprano
voice, sang "Cornelius, Nur EInton,"
nnd that beautiful creation of Ganz,
"Fruhllng's Lied."
The Llederkranz also gave several
other selections, all of which were'
rendered with the customary excel
lence of the organization, and a trio,
composed of Charles Doersam, pianist:
Harvey Blackwood, violin cello, and
Fred II. WIdmayer, violin, gave sev
eral selections, nmong other things
playing with great expression "Drun
ten Im Wuterland," which scored a
big hit with the audience,
Miss Freeman also sang "Feldeln
samkelt." "Vergelllches Standchcn"
and "Sandmannchen," by Johannes
Brahms, after which a social was en
Joyed. Bauer's orchestra furnished
the dance music.
Graduates' Pictures.
For either class or Individual pic
tures, tho latest effects In photography
by Schrlever, "The Gold Medal Photog
rapher," 110 Wyoming avenue, cost no
more than the ordinary kind.
Ferber Is the candidate from tho
machlno shops.
Edward B. Sturges as Jury com
missioner will bo the right man In
the right place. Vote for him.
FREE, FREE, FREE.
A handsome cut glass design, four-piece set,
consisting of one Sugar Bowl, one Cieam Pitcher,
one Spoon Holder, one Dutter Dish, presented to
all purchasers of 60 cents worth of tea or cof
fee on Saturday, June 0, 1500. Don't fail to pro
cure one.
The
Oreat Atlantic
Pacific Tea Co.
and
411 Lackawanna avenue, 121 South Main ave
nue. Tnone 732. Prompt delivery.
SOLICITOR SAYS
TOLL GATE MUST GO
OPINION BEAD IN COUNCIL
LAST NIGHT.
States That After a Careful Examin
ation of All tho Aspects of tho
Case That tho Nay Aug Falls and
ElmhurBt Boulevard Company Has
No High to Collect Toll Within the
City Resolution Directing tho
Pvomoval of tho Toll Gato Unanim
ously Adopted.
City Solicitor Vosburg sent in a
lengthy and carefully prepared opinion
to council last night deciding that the
maintenance of a toll-gate In Nay Aug
park is illegal and advising that action
be taken at once by councils tending
toward its removal.
After the opinion had been read, Mr.
Schneider, ot the park committee, In
troduced a resolution directing the
street commissioner to notify the boule
vard company that the toll-gate is to
be removed and, if they refuse, direct
ing the city solicitor to take all neces
sary steps to prevent tho company col
lecting toll within the limits of the
city. The resolution was adopted. The
full text of this most interesting opin
ion is as follows: ,
Scranton, Pa., June 4, 1000.
To the Honorable, the Members of the Select and
Common Council of the City of Scranton, and
the Tarks Committee of the Select Council.
Gentlemen: Your inquiry as to the right of
the Nay Aug Falls and Elmhurst Boulevard
company to maintain a toll-gate and collect toll
within the limits of tho city of Scranton, and
Nay Aug park, in said city, Involves a question
of no little dliricuUj-. The rights of turnpike
road companies within city lhnlls have been a
fruitful source of litigation. In discussing this
question we start with tho fundamental proposi
tion that the boulevard company has no rights
except those which are given by its charter, or
by some act of assembly. looking at tho terms
of its charter, which is recorded in Lackawanna
county in charter book Xo. 3, page 233, I find
that this corporation was formed "for the pur
pose of building nnd maintaining an artificial
road or turnpike of stone, gravel or earth, from
a point at or near Arthur avenue and Mulberry
street in the city of Scranton, to a point at or
near Spring Lane on the Schoonover plot in the
borough of Elmhurst." The company was In
corporated on Dec. 29, 1S92, under the act of
April 29. 387J.
THE CHARTER RIGHT.
It Is manifest that the charter does not, Li'
its terms, give the company any right to locate
a toll-gate and to collect toils within the limits
of Nay Aug park in the city of Scranton. It
was said by the supreme court in the case of
StromfelU versus Turnpike company, 13 Pa. o.'t,
that while the legislature may grant a turnpike
company the right to erect a toll-gate within
the city limits, this right will not be presumed
unless the enactment is so clear as to leave no
room for a reasonable doubt. And this doctrine
was re-artilrmed In the case of Croft's Appeal, 32S
Pa. Ml, where Mr. Justice Mitchell In deliver
ing the opinion of the court, says: "It is the
settled rule that a failure to grant is itself an
exclusion. Omission Is prohibition."
In that case, as In the case now under con
sideration, the turnpike company was incorpor
ated under the act of 1871. It is tine that in
the case of Turnpike Company versus Lancaster,
151 Pa. 511, the city of Lancaster was enjoined
from removing a toll-gate located within the eity
limits; but in that case the act of incorpora
tion expressly provided that whenever the com
pany "shall have finished its road from Vine
street, the place of beginning to the Conestoga
Creek, it shall have power to erict a toll-gate
cr gates, and receive tolls." Further authority
was confeired upon this company to collect
tolls by the act of 18S7, and the governor also
issued to it a license to erect as many gates
across said road as the company might deem
necessary.
So that there was undoubted legislative au
thority conferred upon that company to erect
gates and colle-ct tolls, and it is not at all
strange that the supreme court protected It
against an invasion of its rights on the part of
the municipality; but, as I have already shown,
no such rights were conferred upon the Xay Aug
Falls and Elmhurst Boulevard romp my I13' its
charter, or by any act of assembly to which my
attention has been called.
PROVISIONS OF ACT.
The act of 1S7I, under the provisions of which
this company was incorporated, provides that
when five miles of the turnpike have been con
stiucted, the court of quarter sessions of the
pioper county may Issim a license to the com
pany allowing them to erect gates, and when
this license has been granted the company may
proceed to collect tolls; but I am informed by
the clerk of the courts that no such license lias
been issued to this company, and without this
license, no power to erect gales or collect tolls
is conferred bv that act.
See Act 29, April, 1S74, V. L. 73, SS. 5 and 0.
In the case of the Turnpike Company versus
City of Scianton, 175 Pa. 290, the company was
incorporated under a special act passed Iii 1653
(P. L. 303), which gave It the powers conferred
by the general act of 1S19 (P. P. 10); and un
der the twelfth and thirteenth sections of the
act of 1819 the company was expressly empowered
"to erect and fix such and so many gites upon
and across the said road as will be necessary and
Hiiflleicnt to collect from all persons otherwise
than on foot,
So In this case we also find express legislative
power for the constiuction of toll-gates, and the
supreme court therefore held that they inl.-ht
bo located within the city limits. It is also a
material fact in connection with that case that
the turnpike company was incorporated, and the
road built, before the city of Scranton was in
corporated as a city; and in this connection the
supreme court sajs: "In consequence of the turn
pike having been built long before the incor
poration ot the city, the road was the private
propci ty of the plaintiff, which was endowed
with the right to erect gates and collect tolls
for its use over its whole length."
On the other band, the boulevard company
was incorporated long after the incorporation
of the city of Scranton; and its charter ex
pressly flj.es one of its termlnil as "a nolnt at
1 ur near Arthur avenue and Mulberry street In the
cuy 01 scranton," thus recognizing the fact that
the mad extended into the limits ot the muni
cipality. The question as to whether tho turn
pike road was brought Into the city limits by an
extension of her territorial lines, or whether it
was located and constructed within the then ex
isting city limits, is considered a material om
by Mr. Elliott in his work on "itoads and
Streets," pages 57 and CS, and by the writer
oooooooooooooooo
IHE COUNTY mm HI
AND TRUST COUP INI
Spruce Street, Opp. Court Honse
L. A, Watres, President,
o. s, Johnson, Vicc-pres.
a. H. Christy, Cashier.
DIRECTORS.
Wm. F, Hallstead, Everett Warren
August Itobinson, O, S, Johnson,
E. I'. Kingsbury, L. A. Watres.
Interest Paid on Sav
ings Deposits.
Drown Bros., J. P. riorgan &
Co,, anil Knnuth, Nachod &
Kuhne Letter ot Credit nnd
International Cheques.
OOOOsVOOOOOOOOOOOO
Telegram
from Russia:
"SEND TO ANITCIIKOPF PALACP, ST.
PETERSBURG, IMMEDIATELY ANOTHER
CASE OF VIN MARIANI FOR HER IM
PERIAI. MAJESTY EMPRESS OF RUS
SIA."
Ordered by tho Court Physicians.
(MARIANI WINE.)
WORLD FAMOUS TONIO,
Prominent People Uverywhere Use It.
Sold by all druggists. Refuse Substitutes.
MarlnnI & Co , C2 W. IMh St., New York, pub
lish n handsome book of cndoisoments of
Emperors, Empress, Princes, Cardinals, Arch
bishops nnd other distinguished personages, It
la sent gratis and postpaid to all who write for
It.
of nn article on this subject, 17 Amer & Eng.
Ency of Law, p 331.
VALIDITY OF CHARTER.
The validity of a chatter granting to a turn
pike road company the privilege of constructing
n toll-gate and collecting tolls, within the exist
ing limits of a city, would be doubtful to say
the least.
It would hardly be contended that the state
of Pennsjlvania could charter a turnpike road
company-to build a toll-road entirely within the
limits of the city of Scranton, and to collect
tolls thereon; and whether it be so located in
whole, or only in part, is simply a matter of
degree,
I believe that such a charter would be in vio
lation of the rights ot a municipality, acquired
from the state by the several acts of assembly
regulating cities of the third class.
There can be no question about the desira
bility of getting rid of toll-gates within tho
clt3f limits, as was said by Coulter, Jr., in btorm
feltz versus Turnpike Cumpany, 1.1 Pa. !":
"The constant passage of drajs, wagons, carts
and other vehicles from one part of the cltv to
another, in pursuit of business, trade, agrictiltme
and commerce of the country requires that the
streets be open.
"In many places the stoppage to pay tolls
would block up and stop the slieets, and as tho
toll-gnthercrs would have to seek shelter from
the vicissitudes of the weather, a barrier would
at times be interposed with no peison at hand
to pen It."
It seems to me that this reasoning applies
with equal force to the case now under con
sideration, where a toll-gife is located in the
heart of the one particular beauty spot of the
city, and without any apparent necessity for it,
as all teams driving over this boulevard for any
distance would necessjrlly jiass through a toll
gate which could be located just outside the
cltv limits.
It Is true that the boulevard company has pur
chased a right of way one hundred feet wide,
but the elced under which they acquire it, limits
its ue to that of "a right of way for a boule
vard, which may consist of diiveways, bridle
paths and bicycle piths." There is 110 suggestion
that it is to be used ns a toll-road. The deed
under which tho city of Scranton took the land
now used as Nay .vug park contained a provision
that it should not be "rented or sold nor u-ed
for any other put pose than as a free open paik
forever."
NOT A FREE OPEN PARK.
It is difllcult to see how it can be considered
a "free open park" whin toll is collected for
driving tluough a portion of it, It is hardly to
bo supposed that the authorities of Xcw York
city would allow- toll to be collected by a pri
vate corpoiatiou from those driving through Cen
tral Park, or tint the city ot Philadelphia would
be tolerant of a like use of the driveways of
Fairmount paik; and it seems to mo that the
city of Scranton should be equally sollcitlous
of the rights of the geneial public so far as they
arc invaded by this company.
I would therefore advise that the street com
missioner be directed to notify the officials of
the Xay Aug Falls and Elmhurst Boulevard com
pan) to remove their toll-gate and toll-gatherer
from Xay Aug park; and in case they neglect
or lefuse to do so tint the taking ot tolls within
the limits of Xay Aug park in the city of Scian
ton be prohibited and prevented.
REUNION AT GETTYSBURG.
Members of tho 132d Regiment As
sembled There.
The annual reunion of the One Hun
dred and Thirty-second regiment,
Pennsylvania Volunteers, was held nt
Gettysburg yesterday. Many of the
comrades being theie In attendance at
tho nnnual encampment of the Grand
Army ot the Republic of Pennsylvania.
The meeting was enthusiastic and the
comrades displayed considerable inter
est In the matters pertaining to the
association. The following officers
were elected: President, A. H. Sharp
less, of Catawlssa; first vice-president,
Benjamin Gardner, of Honesdale; sec
ond vice-president, "Wallace Riddle, of
Canton; secretary, Daniel J. Newman,
of Scranton; treasurer, Frank C. "Vln
termute, 01 East Mauch Chunk; chap
lain, Rev. II. B. Former, ot Beach
Haven.
The next place of meeting was decid
ed at Canton, Bradford county, Pa.,
on Sept. 17, 1901. The monument com
mittee and history committee reported
progress and hoped for favorable re
sults at the hands of tho next legisla
ture as regards the monument pro
posed to bo erected on the Antletam
battle field.
Tho meeting was fully enjoyed and
the comrades renewed many old ac
quaintances which has been broken at
the close of tho Civil war. The asso
ciation learned of the death of their
ex-presldent, N. Felren Llghtner, of
Philadelphia, well known In our city,
whose death occurred recently.
The comrades enjoyed themselves all
the time while in the historic town and
many remained to enjoy themselves
and will return later in the week.
FERNS AND JUDGE.
Local Fightor May Go Into Ring
with Buffalo Boxer.
Tho Buffalo Enquirer has tho follow
ing to say about a twenty-round match
between Rube Ferns, of Buffalo, and
Jim Judge.the well-known local fighter:
"Manager Charles W. Cjpnncll, of tho
Bradford Athletic club, ' trying to ar
tange a match between Rube Ferns, of
this city, and Jimmy Judge, of Scran
ton, for twenty rounds, the contest to
take place during raco week there,
which begins on Juno 25 and ends on
tho 29. Ferns, with Manager "Wilson,
left for New York last night and will
be gone until tho end of the week.
While in the metropolis ho will take In
tho contest between Matthews and
Eddlo Connolly and will from the ring
side publicly challenge tho winner. Bo
foro he comes back ho may bo matched
with some good man. However, he I.i
very willing to take on Judge."
Study Gorman.
If you are interested In the study
of German, address Self-Culture, box
33, for valuablo information free.
Smoke Tho Pccono, Be. cigar.
MARRIED.
EAST WAItSIAX, At Scranton, IM., Juno 0,
1900, by Itev. W. J. Ford, Mr. Ccorge W. East,
and Miss Edith M. Warro.au, both of Scranton.
KNAPP-AMES CASES
ARE TO BE SETTLED
CONTINUANCE AGREED UPON
BY BOTH PARTIES.
Forest City's Salacious Scandal Will
Likely Novor Bo Tried in tho
Courts A Doputy Shoriff Who Is
Lost, Strayed or Stolen Jurors
Will Not Boliovo That Liquor Is
Sold Illegally McCannou Acquit
ted of tho Charge of Setting Fire
to tho Barrett Building.
It is more than probable that tho
salacious cases of Banket1 E. F. Ames,
of Forest City, against his wife, Anna,
and their neighbor, Dr. C. It. Knapp,
will never bo aired In court. The for
mer was called for trial yesterday be
fore Judge Kelly, but during a post
ponement, granted at the prosecutor's
request for the alleged purpose of
bringing in two defaulting (witnesses,
nn agreement to continue the caso
wns effected and later it was given
out that a settlement Is being nego
tiated. Tho cnio was called at 11 o'clock
nnd sent in to No. 2 to bo tried by
Judge Kelly. About everyone not di
rectly engaged in some other case hur
ried to Judgo Kelly's court, but the
tipstaves had orders to admit no one
but tho parties' attorneys and wit
nesses, and the morbid crowd was dls.
appointed. Half a hundred parties,
many of them from Forest City, who
have bee hanging around the court
for the past four days waiting to hear
tho expected racy proceedings were
very much disappointed to be refused
admittance.
After tho jury had been sworn, Jo
seph O'Brien, private counsel for the
prosecutor, moved that the case be
put over till 1.30 to give opportunity
for securing two witnesses who wore
In "H'llkea-Barre. Attorneys John F.
Scragg, L. P. "Wedemnn and J. G.
Manning, counsel for tho defense,
made no objection and Judge Kelly
nllowed the motion.
CAME TO AGREEMENT.
"When the hour to resume the trial
arrived none of the parties or their
counsel appeared and inquiry devel
oped the fact that they were closeted
In an outside room. At 2.13 the at
torneys came in and reported that
they had ngieed to nsk for a contin
uance till the next term, Thepetltlon
wns granted.
Both cases will very likely be set
tled before the next term. Mr. and
Mrs. Ames, It Is said, have agreed to
resume their marital relations and
propose to make'their home In "Wilkes
Barre. Tho case of the commonwealth
against Jennie Duffy, charged by
County Detective Leyshon with sell
ing liquor without a license, was to
have been tried yesterelay afternoon,
but the defendant failed to put In an
appearance. Her ball, In the sum of
$500, with Martin Clark as surety, was
declared forfeited by Judge Edwards,
and a. capias Issued for her arrest.
The capias was given in charge of
a deputy sheriff, and off ho started to
secure the defaulting defendant, while
the court, jury, attorneys, witnesses
and spectators tilted back their chairs
and waited. The city directory shows
that she lives on Bridge street, only
about six blocks away, but two hours
passed by without any report from th
deputy. There being no other cases
open, court could do nothing but wait,
and not a little Impatience was evi
dent in the Judge's demeanor as he
watched tho hands of the clock go
round and the expenses of the county
pile up.
COURT ADJOURNED.
Finally he came to the conclusion
that the deputy was unable to find
the house and at 3.15 ordered adjourn
ment. This Is the first of the cases in
stigated by the Men's union to be call
ed for trial. Attorneys J. II. Torrey
and F. E. Beers were on hand to as
sist In the prosecutldn. E. B. Sturges
occupied a seat within the bar in
closure. In both the liquor cases heard be
fore Savage, Wednesday, verdicts of
not guilty and divide the costs were
icturned yesterday morning.
The jury In the case of Jacob Venus
against P. J. Lynott and Ignatz Oles
eheskl, of Oak street, were out all
night. One ot the jurors wanted to
find Oleschefskl guilty and a split ver
dict was returned. Judge Savage,
however, would not accept It and sent
them back to And unanimously. They
returned shortly afterwards with a
verdict acquitting both defendants
and dlvlllng the costs equally among
the defendants and the prosecutor.
In the case in which James Galla
gher, of South Washington avenue,
was defendant, and Brldgetta Schnei
der, prosecutrix, the jury enmo to an
agreement Wednesday evening short
ly after court adjourned. This is the
case in which Mrs. Schneider, her
nephew and grandnophew. nnd a bot
tle of whiskey purchased for her by
a fourteen-year-old boy were the
commonwealth's witness. The de
defenso was that Gallagher kept a
tea store and never sold Intoxicants,
He admitted, however, that he kept
soft stuff. Attorneys Joseph O'Brien
and P. E, Kllcullon represented the
defendants In both cases.
A LIQUOR CASE,
Another alleged speakeasy case was
tried yesterday before Judge Savage.
Stanley Bennett, of Van Buren ave
nue, was defendant and Constable Tim
Jones, of the Fifth ward,i prosecutor.
The constable swore that Bennett is
engaged In tho bottling business nnd
sells some weeks as many ns eleven
barrels of beer. Tho constable and
his brother, Simon Jones, testified to
having bought and drank bottled
beer on tho premises. The defendant's
possession of an internal revenue
license was also shown.
Bennett's defense wns that he kept
eight boarders and that they buy beer,
"mebbe sometimes one box, mebbo
sometimes half one box," but he him
self seldom bought any and positive
ly novsr sold any. The case was given
to the Jury at adjourning time.
The perjury case against Josephine
Bennett wns continued becnuso tho
Guernsey trespass case, out of which
It grows, has not as yet reached a
final adjudication.
Charles Kaestner waa acquitted of
the charge of assault and battery on
Fred Starr, but directed to pay tho
costs.
Peter Rubleskl was found guilty of
the chargeof malicious mischief, pre
ferred by John Jerzerskl. 1
David J. Edwards, of Providence,
charged with assault and' battery on
.Continued on Page 8.
UWtttWUWUWVWUW
:sri r
For June weddings are among the daintiest of the sea
son's offering. Loving Cups, Sugars and Creams,
Claret and Wine Decanters, Goblets, Tumblers, Water
Bottles, Vases, Etc., clear as crystal spring water
rich in designs.
n T M.'llo.. &r
vj. T . XTA111C1.1 W.VU
FINE
furniture:
Scrantonians in general know the reliability of this magnificent
furniture stock. We are now settled in our new store and asltf
you to favor us by inspecting our goods before purchasing any
thing in our line elsewhere, We feel confident that we can give
you the most for your money. Let us prove it.
EXCEPTIONAL
BARGAINS
For several days we are going to decrease our heavj
stock of the following most seasonable articles :
REFRIGERATORS,
BABY CARRIAGES,
They will be sold at their actual cost to us.
better call today while the assortment is large.
D. I. PHILLIPS' ESTATE
422 Lackawanna Avenue.
SMOKE AND CHEW
Clock's Tobacco
Manufactured by
The Clock Tobacco Company,
644-646-648 Wyoming
DR. G. E. HILL &
BARGAINS IN
TAILOR-MADE SUITS
AT F. L, CRANE'S
Exclusive styles and strictly up-to-date, but we want
to close out every one quickly. We are determined
to do it, and so invite you to share in the offerings,
which will be in lorce until every Spring Suit is sold.
WORK ON NAY AUG PABK.
Considerable Progress Is Being
Mado by Contraotor Stipp.
Material progress is being mado by
Contractor Stlpp in tho way of fitting
up tho east side of Nay Aug park, on
which the sum of $10,000 is to be ex
pended this summer.
Massive retaining walls have been
constructed, foundation for the band
stand completed and tho roof is now
being put on the, stone building that is
being erected for tho use of ladles who
visit tho park.
A great deal of grading has been
done, and paths and walks are being
laid out. Theso nro being made In the
most substantial manner. An excava
tion' Is madu nnd In this Is laid about
four inches of smnll broken stone. On
top of this will be a layer of red shale.
Even after tho heaviest rainfall tho
paths will dry very quickly.
Havo a jury not made up of any
special class, creed or condition of
men by voting for Edward B. Stuiges
for Jury commissioner,
Mrs. Win3low'a Soothing Syrup
Has been ueil for over FIFTY YEAltS by
MILLIONS of MOTHERS for tlielr CHILIJIIKN
vWULK TKETH1NO. with l'EItFEUT SUCCESS.
It SOOTHES the CHILD, SOFTENS the UUMS.
ALLAYS all PAIN; CU1IE3 WIND COLIt), ami
li tho best remedy for DIARltHOEA. Sole) by
PrusKitti In every part of tho world, lie eura
anel sk for "Mrg. Winslovv'a Soothing gyrup,"
and take no cither kind. Twcuty-llnj cents 1
bottle. y
- rj - ri
si
13 Wyoming Av
"Walk In and
id look around."
WWWi
ICE CHESTS,
GO-CARTS.
You'd
Avenue, Scranton, Pa.
-
a
If you wish, re
liable and up-to-date
dental work,
done by experi
e n c e d workmen
who are here today
and not gone to
morrow. Come to
us. Prices rights,
SON, Scranton, Pa
Straw Hats
ALL STYLES,
$
1.00to$3.0(M
Louis H, Isaacs
112 Sprnce Street. "
'
324
LACKAWANNA AVB,'
Corner Penn and Spruce,
RECEIVED TODAY.
California Cherries, Apricott,
California Poaches,
Strawberries, Rhubarb.
FRESH FISH
TODAY.
Halibut, Cod, Bluafish,
Delaware'Shad, White Bass. '
SimIIs, Pike, Perch, Eto.
Soft Shall and Hard Shell Grabs,
Little Neck Clams,
BECHTOLD & LOUGHRAN
TELEPHONE 812.
HAL MI
s"W
MMtafafe i
!
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