The evening herald. [volume] (Shenandoah, Pa.) 1891-1966, 1893-05-26

had the slightest idea that the facts would so
tax the intelligence of jury to prolong a
deliberation on verdict for two days and
nights
The case was called for trial on Monday
morning and Mrs, Haley went into court with
the advantage of an award on arbitration
amounting to 5000. The original claim was
for $4,000. At about 4 o'clock Tuesday
afternoon the case was concluded and the
jury retired. Yesterday afternoon verdict
for S1,672.50 was returned, after the jury
had been locked up about 40 hours.
Shortly before O'Clock ON Wednesday the
jurors in the case appeared before Judge
Albright, the Lehigh county Judge who is
acting in Judge PershiRg's absence, and
stated in writing that after a deliberation of
% hours they had exhausted all means con-
sistent in the case and had failed to reach a
verdict. They said it seemed impossible to
reach verdict and asked to be discharged.
Judge Albright insisted upon a verdict and
one of the juFymen, D. NJ. Haas, of Gordon
answered, your honor we stand IL to l,
and we can't agree. It's no use trying"
The Judge said he wanted a verdict and upon
offering to give any instructions that might
be required and failing to hear response he
ordered the tipstaves to take the jurymen
/ back to their room. confinement of Is
hours more brought the stubborn juror to his
| senses.
After the jurors were discharged one of
them stated that the zone" was John Wood
ward of POttsville, who wanted to give Mrs.
Haley a verdict of $1,000. The eleven had
agreed upon $l,25O Wednesday night
Woodward reduced his figures to $500 and
Thursday morning he met his eleven
colleagues on 81, ,67250 mark.
OF course the verdict is a practical victory
and a great saving to the borough, for had
the award of the arbitrators been confirmed
by the jury the costs and other expenses
treasury to the tune Of considerable over
$4,000. But as it is the borough is paying
dearly for neglect ON the part of some of the
old borough officials Had the borough
ordinances been enforced Mrs. Haley would
not be crippled to-day and the taxpayers
NOulu lob Db ObllBSh W pay Oul pG1OOJ lGOul
which there can be no return and which, so
far as they are concerned, is practically
thrown away. Had the Chief Burgess, who
was in Office at the time Mrs. Haley was
injured, performed his duty he would have
compelled the property owner to comply with |
the borough ordinances and repair the |
damaged pavement, but he was very likely |
like many others who have held the same
office mere fgure-head or too lenient with |
the property owner and now the borough /
must pay the fiddler. OF course it sounds
very nice to say that the borough can sue the
property owner and make its accounts in this
case balance, but the oldest inhabitant fails to
remember case where the borough has been
mulcted for damages and has called upon the
property owner responsible for the trouble to
reimburse it. In this branch of public
affairs there has been as much negligence as
in any other,
The borough officials must be more vigilant
in such matters and if the present Borough
Council is not ON the alert it will become
in several suits for damages. The
new pavement in front of the Glenwright
property on North Main street is dangerous
trap. 1t is about three inches higher than
the adjoining pavement and several citizens
have already stumbled over it. Mr. Glen
wright says that complaints have been made
that his pavement was not at
grade and he changed it to make it. 1t is
the Councils duty to see if it is at grade, and
if SO, make the adjoining owners raise their
pavements. If Mr.. Glenwright is wrong he
should be compelled to comply with the
ordinances No time should be lost as this
trap is in one of the most busy thoIoughfares.