Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1891-11-10
REFUSED A CHANGE.
The Delamater Case Will Have to Be
Tried in Crawford County.
OTHER SUPREME COURT RULINGS.
Assignee Warner Forced to Declare Penn
Bank Dividend.
GENERAL GOSSIP FROM THE COURTS

| Chief Justice Paxson, of the Supreme
Court, handed down an opinion yesterday
| in the case Of the Commonwealth VS. George
w. Delamater ct al, appealed from the
Quarter Sessions Court of Crawford
county. The appeal was for a GER
tiorari to bring up the records from
the lower court in the cases against the
Delamaters in order to secure change of
venue. In the opinion Justice Paxson
saws:
cat the time of the failure of Delamater
! & Co. there were over 1000 individual de-
| positors residing in Marty township in said
| county, and they were greatly excited and
prejudiced against the petitioners by reason
of the failure of said bank; that the excite
ment and prejudice extends from said de-
positors to friends and neighbors; that in
flammatory articles were published in news
papers, and from all these causes the petit
tioners cannot have a fair trial in said
county"
Chief Justice Paxson cited cases, showing
there was no question but what the relief
asked for could be granted. In the present
case the only allegation is that prejudice
exists which may affect jurors, and the
Court was unwilling to believe that such a
fact would influence Crawford county
Jury. If it would it was not charged that
the prejudice would extend to the learned
judge, or even was he likely to be in
fuenced by it in any degree, and if there
was any error in his ruling there is not a
Judge in the Supreme Court who would not
promptly allow an appeal should the record
disclose even a debatable question. The
rule in the case was discharged and the
change Of venue refused.
Warner Must Declare a Dividend.
In the Supreme Court yesterday per
curiam order was made in the appeal of
Jacob Walters, who made an application for
an order directing Henry Warner, assignee
of the Penn Bank, to set aside out of the
money in his hands belonging to the said
bank a sum sufficient to pay the claim of
Walters and to pay out the balance in his
hands in accordance with the auditors
schedule. The per curiam ordered that Mr..
Warner set aside 50, 900 to secure and pay
the claim of Mr.. Walters in case the Su-
preme Court shall hereafter decide in favor
Of his appeal. It was further ordered and
decreed that Henry Warner pay out forth
with the sum of S67,1 70, the balance in
his hands as shown by his second account
in accordance with the schedule of the au-
ditor filed in the case and approved by the
court below.
In the case of Mary McCrea, VS. the school
district of Pine township, error to G. P. No.
L: Of Allegheny county, the judgment of the
lower court was reversed. The case was one
where the appellant was school teacher,
who was dismissed by the board and brought
suit to recover salary.
In the case of Paul Clark ct al vs. the
Pennsylvania Railroad Company, error to
c. P. of Westmoreland county, the judgment
was reversed. The suit was for damages for |
diverting a water course from 120 acres,
belonging to Mr.. Clark, on the western base |
of Laurel Hill, thereby injuring mill site.
Other Decisions Handed Down.
The following decisions were also handed |
down:
Per curiam-Commonweal VS. W. B. |
Butler, Quarter Sessions. Pike county; alloc- |
Commonwealth vs. Dicken, Quarter ses-
sions, westmoreland county; affirmed.
Harbison's appeal, Orphans Court, Beaver
Springer VS. the National Gas Company;
Bank VS. Braden ct al, and Bank VS. Rhodes
ct al, Common Pleas, Greene county; af-
frmed.
Commonwealth VS. Mcmahon, Oyer and
Terminer, Venango county; affirmed.
Bank VS. Wood, Common Pleas. Greene
county; affirmed.
By Justice Green-Johnson VS. Mccain, ex.
ecutor, Common Pleas, Armstrong county; |
reversed and new trial awarded.
Mccain, executor, VS. Peant, executor, re-
By Justice Clark-Morrison VS. Truby,
Common Pleas of Armstrong county; judg-
ment affirmed.
Common Pleas Cambria county; affirmed.
Whitehead VS. School district of North |
township, Common Pleas Of
judgment reversed and new
Graham VS. Pittsburg and Lake Erie Rail-
road Company, Common Pleas of Lawrence
county; Judgment reversed and new trial
Mccullough VS. Baer Common Pleas Of
Clarion county; Judgment affirmed.
Perry county vs. Bridge county, Common
Van Horn VS. Mummell, Common Pleas OF
county; reversed.
By Chief Justice Paxson-Commonweal |
rs Delamater ct a., Quarter Sessions Of Craw- |
ord; rule discharged.
Seven cases were argued before the Su-
oreme Court yesterday. Two of the cases
we're appeals by the heirs of the late John
Scott, President of the Allegheny Valley
Railroad. from the decree of the Orphans
Court setting aside his will. The contested
will was letter to Mr.. Scott's attorney,
lirecting him to make will for him in ac-
,ordance with the directions in the letter.
Mr.. Scott died before the will was made and
he letter was offered for probate as will
Its execution as q testamentary document
was not satisfactorily proven and it was set
aside.
An argument was heard on the appeal of
Edward Mcmillan from the Oyer and Ter
miner Court of Luzerne county. Mcmillan
was a miner, living at Plymouth, Pa He
killed his wife during quarrel last Febru-
ary over some money, and was convicted of
murder in the first degree and sentenced to
DO hanged. The appeal was taken on the
grounds Of errors in the trial in the lower
,ourt.
The other cases argued yesterday were:
Harmon Sales VS. H. Dickson and Hill
appealed by Skiles from G. ?.
No. /.
Allegheny National Bank VS. Keystone
Goal Company, two cases, appealed by
plaintiffs from G. p. No. l.
John Rea VS. James R. Bell, appealed by
he defendant from c. p. No. q
Opening OF United States Court. ,
The November term of the United States
Circuit Court opened yesterday. The list
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