Daily Republican., 1884-12-03
SUPERIOR COURT,
fLlNN vs.. MON AGM MAu CASE
A vE1DICT IN TINE sCOW.
DRlCk CASE.

L -
Tuesday afternoons eession Of Cour
cQmmsnced NJ 8 O'Clock, with all th,
Judges present, ssd the trial Of the cas-,
Of John R. Fhnn, vs.. James and Patricl
Monaghan. was resumed. Bailiff
Deakyne, who had charge OF the jury
that WAS tryiug the case. WAS absen
fsom some canse, and Crier Smith va,
Obliged to take bis place until bailif
could be procured.
Isaac T. OhApberlain was sworn, and
testified that the plct shown on thu
posters WAS made under his direction
and that tho property ut that time be
longed TO him.
Samuel Mayfair testified that he had
known of the alley in dispute for the
pact four years. and that 1t was paved
and In good condition. Some time ago
the alley was fl He'd up with dirt on top
OF the bricks. The witness owns . lot
that opens on the alley, but he has no
right of way, and does not use 1t.
Peter Carrigan testified " the same
effect, and Christopher Dougherty,
upon heirg tworD, testified that he
had formerly owned the property now
owned by Finn. The alley was paved,
while he owned the property, at the ex-
pense of the property holders.
James Monaghan testified that at
the time Mr. Childs sold the property,
he bought one of the lots, and after.
wards bought another from another
party. The alley WAS laid down In the
plot, and about one year ago Mr..
Finn told him that he intended 70 fill
the alley up, and the witness told him II
he d i'd there would be fght about IT.
He. however, went ahead, and after
filing 1t up on top of the bricks erected
fence TO extend his lot, which stop
ped the alley up. The witness had the
fence torn down and the dirt removes /;
1t was necessary TO do this TO let the
water run of, as Mr.. Finn had chang
cd the water course,
Patrick Monaghan testified that tho
alley runs in from Third street parallel
with Msdison street. He corroborated
the previous witness In regard to tho
filling up Of the alley, and the trouble
caused by 1t. This was the last witness
called by Messrs. Bates and Emmons,
and Mr.. Higgins commenced the exami-
nation of witnesses for the plaintiff.
John II. Finn was sworn, and testified
that he is totally blind, and was 30
when he purchase the lot on Madison
street from Mr.. Dougherty. He did
OF know there was any alley way In
the rear, until he had built on the .Ot,
one year ago. Douyherty told him the
lot was100 feet deep, and nothing was
said about an alley. He had instructed
the carpenter to have the fence put up,
and the alley graded.
Patrick Dillon testifie3 TO ths l0ca
tiou of the alley, aud TO the fact that
tour feet OF fenca had been cut down by
Mr.. Monaghan. He estimated the dam
age at S25
Daniel Farra testified TO surveyi ing
the groupd, and described the location
of the lots and alley. This closed the
evidence, and Mr.. Bates said he and his
colleague were willing to submit the
case tn the jury without argument, but
IA Mr.. Higgins would not consent Mr..
Emmons made the opening argument to
the Jury. The argument WAS continued
until after o'clock, when recess
was taken until z 30 O'Clock. The
summing up was resumed, and contin-
ued until Court adjourned shortly be-
fore 10 o'clock until 10 O'Clock this
morning.
At AS o'clock in the afternoon, the
special jury in the case of Joshua Clay.
ton W.. james Scowdrick and wife, to
recover 81, 500 claimed to be due on
mortgage, came IN with verdict Of
SS52 25 in favor OF the D 'aintifi.