The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-11-27

pipes Of the Lackawanna Iron and Coal
company and those of the Gas and
Water company. The pipes of the lat
ter were painted white and Of the for
mer blue. Cross sections of pipe show
ing where the two had been connected
were painted black. Mr.. Scranton ex-
planned that this arrangement was a
correct diagram of the pipes as they
actually are. Master Mechanic Niebell
was put on the stand and testified that
he was familiar with the pipes and that
the diagram shown in court was cor
rect He admitted that the connections
were there and that water could at any
time be drawn from the city pipes into
the reservoir pipes, the latter being eX
pected to feed the channels that were
meant to provide for the extra water to
the mills.
Before Mr.. Scranton was called there
were several workmen who testified to
the way water was used at the different
parts of the mills. Attorney johnson,
of Philadelphia, who conducted the
cross-eXamination, supplied the court
with amusement. He had several Of
the witnesses tell what kind of water
and how much. WAS it ice water"
he asked one, "yous saw coming from
the hre-hydrant; or maybe 1t was fire
water, was 1t, eh?"
The witnesses who were employees and
not endowed with great amount Of
self-control were sometimes provoking
| ly funny in their answers. Mr.. Scran-
ton was on the stand at adjournment
The case is likely to occupy the whole
week.
Before Judge Archibald.
In court room No. 2 before Judge
Archibald the first case called was that
of p. NJ. Moffit and others against ]. w.
and Elizabeth Fitzpatrick. 1t was an
ejectment suit and by mutual agree
ment jury was drawn and verdict
rendered for the defendant
The next case before Judge Archibald
was another ejectment suit involving
the possession Of thirty-six acres of land
in Ransom township. James NJ. Ever
hart is plaintiff and G. f. Nesbitt and
G. Mortimer Lewis are defendants. At
torneys w. W. Watson, ex-Judge Jes-
sup, and H. M. Streeter, appeared for
the plaintiff and Attorneys Il. n. Will
lard and ex-Judge H. A. Knapp for the
defendant.
In 1882 taxes We're assessed against
the thirty-siX acres Of land, now in the
suit, and the tax thereon was not paid.
The plaintiff came into possession of the
land through treasurer's sale, but the
defendants came along and forcibly de-
tered him from assuming ownership, rs
it is alleged The suit is brought to
seat him and the day was taken up with
the introduction of books of assessors
and records of court to prove title to
the land. This case will take up al
least today and likely tomorrow.
Judge Mcclure Holding Court.
In the arbitration room, court No. 8
Judge H. NJ. Mcclure presided, and
two cases of trivial character were dis
posed of. An appeal suit with w. s
Reed as plaintiff and ]. s. Miller as de-
fendant was closed with very little testi-
mony and the jury returned with YER
dict in favor of the plaintiff for 1923,
Another appeal suit of SIG was called
before Judge Mcclure, that Of Gus Zim.
mer, plaintiff, and Frank Passek, de.
fendant Passek admitted that he owed
the plaintiff $3.50, but that amount he
said was counterbalanced by thefts OF
lumber, etc, from the property. PasseF
engaged thinner to watch the house al
night while it was not tenanted for the
space of nine nights at the rate of 81
cents night. That is all Passek said
he was bound to pay. thinner said ht
was also hired to clean up the place ant
altogether he earned $l6 The case went
to the jury at o'clock and that was the
last one for the day.
Other Cases Disposed Of.
Other civil cases set down for tria
for this, the last week of common plea.
court, were disposed of without tria
yesterday as follows:
Cincinnati Safe and Lock company
VS.. M. M. Dewitt, assumpst; continued
on application of plaintiff X
Fishel Bros. VS.. e. German, assump
sit; voluntary non-suit.
A, L.. Spencer VS.. Gustav Kruger
man, appeal settled off list.
F, R\ Walker & Son VS.. w. H
Withers' Paper company assumpsit
continued.
New Tentic Mining company VS.. A
F. Smith and others, administrators
assumpsit; judgment by agreement.
j. f. Mauricle VS.. Ackerman Bros
appeal; settled off list.
Harrison Wells vs.. H. W. Hull, as
, sumpsit; judgment of $40 by agreement
Strause, Rotschild & Co. VS.. Dorothe;
, Honeyager, executrix, assumpsit; set
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