Daily Republican., 1884-05-22
I'll ED|7|0|
COURT PROCEEDINCs
This Mornings Ses,io,-,
DOged Or

o,cloct +h;s sui.iel proceedings al
Justice and Associate JnJa..' a '1e Ne Y
ana Houston on the bench e'I Asas Huo|
an hour 1 had been spent in cal1na inter
ana the attorneys asking for I"rsca csn,|
ances on account of the abssna] sOu.
witnesses, a Jury was drawn T"'elgi VI Y
case of Mary Mcnamara ro aua
Murphy was taken up, with Hos II, v
" x aoffecker ~ Tor tine plaintiff, Ul1| and \
q. Spruance, Esq, for the da,sn0l anu
This Is an action in assumnit u
cover !loO loaned by The nIai,,;| hi
John Murphy in 1874. The pa1a, monav
loaned In small sums, the last aty haisl
which amounted in tile aggresatat us,t J
sum claimed. e'sA~'9
Mary Mcnamara was svo,,
testified to the facts as alovs =,
and said that she had never hs.n
to recover any part of it. Tbs,a a
no defense, and the jury without
ing the box rendered a verdict a =.
plaintiff for Sl55.SO,
The Prothonotary commenced ,o
a jury in the case Of Adolpb MIL NM
Henry w. Stout, when II. R, pan, %
ton, Esq, attorney for the lpfsnS
moved for II continuance ON Accom-
the absence of a material wit
Henry w. Stout was sworn, and
that he could not safely 90 to trial
out this witness and the contin1
was granted.
A jury was then drawn and ,hs
of Joshua Clayton, assignee, Va. h
II. Scowdrick and wife. John r
Esq, appeared for the plaintiff
Hotfecker & Hoffecker for the de
ants. This is an action to recover
mortgage given by the detepi
October rs, 1871, on house and
MiddletOwn to secare debt Of 4
On the 9Th of March, 1876, the moi
was assigned to the plaintiff, j
Clayton, and it now bears ID
credits on the back. There ia,
ever, 81 1920 claimed to be still duo
this suit is brought to recoyel
amount, with interest from Juy
1880.
Mr.. Biggs offered the Original
gage and the assignment IN eyid
and said he would rest bis case.
Mr.. Hotfecker opened for the d,
by stating that this mortgage was
nally given Martin +. Walker, a
signed by him to Joshua Clayta
1876. He claimed that up to FebI
2, 1875, James II. Scowdrick bad
Walker 2,776.l4 on account, and
he afterwards paid other sums au
ing,in the aggregate, to more tla|
amount ofthe mortgage.
He also offered to prove that Of
the mortgage was only given as
eral security for a note of s2,OO
also that Walker assigned the md
without the knowledge ofthe def
and that when he incidently |
the fact and asked Walker about
was told that it was none Of bis
ness. In July, 1882, Martin '
died, and his administrators 10
demand for the debt, which Mr,
fecker claimed had already been
full.
James H. Scowdrick was swor
testified to the fact of having
several payments on the mortgaa
that he did not know that the
Dent had been made until some
1881.
This witness was then AID
leave the stand, and Mr.. Hofsk
duced a letter written by Thomas
Esq, for Martin Walkers adm
tors, making demand on jan
Scowdrick for the balance due
mortgage.
Mr.. Davis was called to the
and identified the letter as haVlll
written by him. On crosS'exau
he stated the circumstances unde'
it was written.
James II. Saowdrick was r
and, after beiug called upon 70
several letters, was requested y
the stand for few lninn'ts,aAa
V. Burris was sworn, and iNelV
receipt which had b en given
acknowledgement Of a payment
ten hundred dollars paid On 'D'
gage.
James II. Scowdrick was
and cross-examined at lans'h
Biggs, who endeavortd TO 'Du
:he witness had assigned ms
to his wife to opnt it out OF lhe
his creditors to enter SUIT asa'.s
The examination was conliAa
/ o'clock, when Court TOOK
until 3 o'clock this afternoon