Daily Republican., 1886-11-23
SUPERIOR COURT
TIE READING OF THE TRIAL LIST
CONOLUDED-THIRT
Three Cases Marked for TrtaI--Busi-
meas Commenced at Once-An
Interesting Case.


Yesterday afternoons session of Su.
perior Court convened at 3 O'Clock, ith
the Chief Justice and Associate Judges
w o0tten and Houston on the bench. The
Prothop otary proceeded with the cali.
Ing OF the trial list. OF which SO cases
were marked for trial, 50 continued,
III settled, 80 passed, subject to being
taken up at the present term for trial.
ard 10 referred 70 referees to be ap-
pointed by the prothopotary In some
cases, and mutually agreed upon by
counsel In others.
Argument was heard In the CASE OF
VIM. W. Weighley vs. Jesse Lowe g
execai ors. This is An action to recover
for services rendered and the argument
was on an application 10 compel the de
PENDANTS to allow the plaintiffs to ex-
anime certain correspondence, which II
Is alleged they have in their possession.
After the argument the court announced
that they would reserve their decision.
A Jury was drawn and the case oil
John Thornton Va Martin Alsburg was
take up for trial with Walter Cum.
mings, Esq., for the plaintiff and An.
thony Higgins, Esq., for the defendant
This suit wac brought In 1876 to recover
Q book account OF Sl15.35 with interest
from June 13, 1876 to date, amounting
to $l87 81,
John Thornton Was sworn, and pro.
duced book Of original entry, with
the account against Martin Alsburg.
He resides in Philadelphia and had
other transactions with the defendant
prior to this.
This Was the only witness called, and
Mr. Cummips offered the book In evi.
dence Mr.. Higgins opened for the de-
fense by stating that the defendant was
djudged bankrupt in December,
1876. As 1t was shown that this suit
was pending prior to that time, this de-
fence was ruled out by the Court, and
the case given to the Jury without argu.
ment. They retired at 4. 40 O'clock and
returned In fifteen minutes with q yer.
dict in favor OF the plaintiff for the full
amount of $187 81.
The case of Marshall j. Russell VI
Thomas Pagan was taken up for trial
and = jury drawn. The plaintiff wac
represt nted by Levi @. Bird, ESQ.,, and
the defendant by the Hon. Charles b
Lore and Harry Emmons, ESQ. This II
an action brought to recover for the 1oet
of horse which the plaintiff had left
at the defend ants stable. At the time
the horse was lost Thomas Pagan was
the keeper of the White Horse Hotel
and Marshal j. Russell upon coming tc
this city from Chester County put his
horse in the hotel stables. When he
went TO get 1t, It was found that It's leg
was broken, and 1t was supposed to
have been done by Q kick from another
horse and had TO be shot. The plain.
tiff therefore brings this suit to recover
$500 for the loss of the horse, on the
ground that the injuries were inflicted
through the negligence of the defendant
or his servants, and that as inn keeper
he was liable for the loss of the horse.
Marshall J. Russell was sworn, and
testified that he resides In Chester
County, Pennsylvania. On September
l7th, 1884, he drove to this city and put
up his horse with Pagan, who was the
proprietor of the White Horse Hotel, al
Second and Tatnall streets.
When he left the horse at the stable
1t was little lame, caused by one o.
the shoes, and with this exception wal
all right in every respect. The stall IL
which the animal was put had . board
knocked off the partition, and 1t WAS or
this side that the leg WAS broken. Hs
valued the horse at $3.50, and when bt
spoke to Mr.. Pagan about the animals
leg being broken he claimed that 1t wal
done when he brought the horse there
which would have been i'm possible, ai
the animal could not walk afterwards
and had TO be shot
| On ss-examination he said that be
hau owned the horse about one year
and had paid S140 for 1t; he thought Il
was about ten J ears old. He admitted
that when he took the horse to the
stable he took bottle Of II. II. II
liniment, and left orders to have Its lef
bathed. He first noticed that the horst
was lame when he was about clever
miles from this city, but did not thinl
the lamenees was any worse when ht
got here than when he first noticed It,
He did not stop at the hotel himself, bui
went to his cousin 3 In this city, where
he stayed until he was ready to &C
home. He did not know the horse was
hurt until he went after 1t.
Caleb @. Cooper was affirmed, and
testified that he resides at New Garden,
Chester County. He knew this horse
and had owned 1t when 1t first came
from the West; be considered 1t one OF
tho best horses he had ever owned, and
thought 1t was worth $200 at the time
Mr.. Russell brought 1t to this city; he
| would have given that much for 1t,
had Mr.. Russell wanted to sell 1t.
This evidence was oorr0borated by
Morris Cooper, who had also owned
the horse and sold 1t to Mr.. Russell.
Clayton Collins WAS sworn, aud testi
fed that he resides In this city, and saw
the horse the day Mr.. Russell put 1t up
at the white Horse Hotel, and did moi
see that any thing WAS the matter with
1t then. He was positive that its leg
was not broken, and he considered II
we'll worth 1900.
This was the last witness for the
prosecution, and Mr.. Lore opened the
defense TO the jury by stating that he
l would show that the plaintiff came &c
the hotel on q Saturday evening, and
that ut the time the horse was very
lame. He had brought bottle Of lini
ment for use on Its leg, and 1t was given
every attention and care by the attend
ants.
He also said that he would show that
the animal laid down liz the stall, and
when 1t attempted to rise, tried to favor
the lame foot, and by SO doing twisted
its leg and broke 1t. He would show
That the plaintiff WAS not guest at the
3hotel, that he had stayed at another
Iplace while In this city, and had even
brought oats for his horse, 30 that Mr..
IFagsn merely had to give 1t some hay,
Ifor which he received 25 cents. He
Isaid that this is question OF law as
Iwell as Of facts, and that while the jury
would have the latter TO deal with, the
fquestions of law involved would be
Ipreseuted to the Court.
When he concluded at 5 46 O'Clock
the Jury were discharged until 1O
o'clock th Is morning, and Court took
q recess until the same hour.
Ii e.i- h. akonl NTH har