The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-09-25


noon and told story Of the domestic
trouble which led him to apply for a
divorce from his wife, Nancy Oliver
Foster, who he Gays has been unfaith-
full to him. Mr.. Foster denies the
charge and jury was yesterday af-
ternoon sworn before Judge Furst Of
Centre county to determine the truth
OF the matter.
| Mr.. Foster was married to Miss
Nancy Oliver on Jan. 20, 1875, and for
several years they lived together hap
PLY. Four children were born to
them only two of whom, boy and a
girl, are now living About four years
ago Mr. Foster says his wife began to
manifest a great fondness for attend
ing balls and picnics without him.
Finally he demonstrated with her and
insisted on accompany her to these so
cial events.
She consented to allow him to 60 to q
ball in Odd Fellows hall, Dunmore,
with her, but some time after they ar
rived at the hall she left him and went
with a man who was intoxicated,
and remained with him over an hour.
On the way home she told Mr.. Foster
that the man had insultsd her twice.
He asked her why she did not at once
leave him and occording to his version
replied that she was not going to leave
her friend for that.
FOSTER WAS DISCREET
Some time later he found his wife
and man in laurel clump near his
house. He did not 60 near the man be-
cause he did not know what he might
do, but as soon as his wife's companion
moved away he gave chase, and to use
his own language, would have killed
him only for be ran like locomotive.
Mr., Foster then proceeded with a
tale that reeked with nastiness. while
his wife, tall angular lady, sat at the
table with her attorney, Cornelius
Smith, and cried. She was plainly
dressed in black with blue sailor hat
surmountiug her black hair. she is q
woman with some claims to beauty and
is intelligent and vivacious in appear
ancs.
Mr.. Foster is amall, garrulous little
fellow who, from his own testimony,
is a queer com bination of discretion
and bravery. According to his story,
the way he submitted to the conduct
and whims Of his wife, reflects more
credit on the evenness OF mis- temper
msnt than on his qualities as a man.
Although Mr.. aud Mrs. Foster have
not lived as man and wife for more
than year, they still reside in the
same house at Dunmore. 1t is Fosters
house and he says he cannot get his
wife to leave it. She insists on re-
naming there and does portion of the
household work.
| SOME OF FOSTERS WITNESSES.
John Randolph swors that he saw q
man with his arm around Mrs. Foster
waist in Wahler's grove. Her head
was on her companions breast. The
man was not her husband. Nicholas
Sossong testified that Mrs. Foster told
him she had frequented house Of as
signation on Lackawanna avenue. Dr.
Marcy also gave testimony.
Mrs Foster then took the stand in
her own behalf and made general de-
nial of everything her husband had
said concerning her When she re-
mained out Of the house all night ii
was on such occasions as her husband
locked her out. She was subject to a
searching cross.examination by Attor-
ney A, A. Chase, who represented Mr..
Foster, and proved to be loud voiced
and shire wish
She said that one bitter cold night
her husband locked her out and with q
dish she broke in the door. Her hus-
band hit her on the eye and blackensd
it for her conduct.
What did you do then?' asked Mr..
Chase.
II grabbed him by the throat and
ehoked him; that's what I did," an
swered Mrs. Foster with evident salts
| faction.
Mrs. WOODWARD, Mrs. Birge. Lewis
Spangen berg iand Henry Stipp gave
testimony favorable to Mrs. Foster,
and there the case rested. 1t will 60
to the jury this morning.
RICH TREsPAss SUIT.
The fret case called for trial before
Judge Gunster in the main court was
that Of Thomas Rich, Of Jermyn,
against the Delaware and Hudson
Canal company. an action to recover
damages. Attorneys s. B. Price and
Attorney ]. Alton Davis Represented
Mr.. Rich and ex-Judge W. II. Jessur
and Attorney William Jessup appeared
for the company.
On the night OF Dec. 13, 1890, Mr..
Rich was in this city aud got aboard OF
q Delaware and Hudson train for home
OF 2 a. m. When he reached Jermyn
he says the conductor stopped the train
above the station and told him to gel
off on the west side of the train which
is across the track from the station.
This confused him and in trying tc
find the path leading from the station
to the town, he stepped off bridge on
which the railroad crosses wagon
road.
The fall showed Mr.. Rioh's shin bone
down into his foot, and he was laid ut
for long time in consequence of hi
injuries. He 10 still very lame and
will be for the remainder of his life.
de broke down and cried several times
| uuAAuB hAS kooAsoA VI VIC uothAAb VI tut
accident while on the stand.
1t 10 contended that the com pany was
negligent in putting Mr.. Rich off the
train on the wrong side; in not having
the place properly lighted and in moi
having the road from its. station prop
erly guarded and marked. The case
was on trial when court adjourned fol-
the day.
RELATIVES AT LAW.
| Charles A. Burr. committee of DR.. A
E Burr, is named as the plaintiff in al
ejsotment ease against John Kase ant
H. Stone, the trial Of which was begun
before Judge Edwards yesterday. At
torneys Hulslandsr and Vosburg ant
Major Everett Warren appeared for tn
plaintif and Attorneys Watson an(
Diehl for the defendants.
| 1t is held BY the plaintiff that in 1875
DR.. A. e. Burr owned property al
Carbondals. which at that time was
worth about $4,000. Against 1t were
mortgages amonntinglto 81, 500 and his
brother-in-law, John Kass. also held q
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