The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-11-29
JURY NOW HAS The Case
End of the Suit of the Scranton Gas
and Water Company.
THE ARGUMENTS TO THE JURY
Attorney Johnson Spoke for the Defense
and Attorney Burns for the Plaintiff.
Other Cases That Came Up for Con-
sideration in Court.

Other Cases That Came Up Tor Con-
sideration in Court.
At 415 yesterday afternoon the hard
fought case of the Scranton Gas and
Water company against the Lacka-
wanna Iron and Steel company was
given to the jury, after an exhaustive
charge by Judge Gunster. 1t is not
probable that the court room at one
time ever before contained a greater
number of successful men of the world
than were gathered yesterday after
noon to listen to the closing details of
this now famous trial. They were the
representatives of millions of capital,
much Of which is invested in this pro-
gresslve city, and has partially been in
strumental in making it the thriving
municipality it is.
When court opened yesterday morn
ing, George Barnard, superintendent OF
the converting department Of the North
works; Henry Wehrum, chief engineer
OF the Lackawanna Iron and Steel COM
pany, and Carl Mckinney were called
to the stand to prove the amount of
water used by the Lackawanna Iron
and Steel company, which it used inde-
pendent of what it received from the
Scranton Gas and Water company.
Testimony Ruled Out.
Edwin Moylin, of Harrisburg, was
called to prove the water rate in other
cities, but Mr.. Amerman objected on
the ground that the Scranton Gas and
Water company could not be bound BY
the rates charged by other companies.
Judge Gunster sustained the objection.
That closed the testimony, and then
the attorneys for the plaintiff and de-
fendant presented their law points to
the courts and argued them.
At II O'Clock Attorney Johnson, of
Philadelphia, begun his closing argu-
ment to the jury for the defendant,
He spoke for almost two hours, and was
followed by Attorney |. II. Burns, who
addressed the jury on behalf of the
plaintiff for an almost equal length OF
time. He characterized the action OF
the Lackawanna Iron and Steel com
pany in using the water of the Gas and
Water company without its knowledge
as theft, nothing more, nothing less.
Judge Gunster's charge was clear and
explicit. He laid all the facts plainly
before the jurors and for their benefit
reviewed the various law points. The
outcome of the trial is awaited with
great eagerness.
There is much conflict of opinion
among the jurors evidently Up to IL
o'clock last night they were unable to
reach a verdict Sounds from the jury
room indicated that exciting debates
were in progress.
Davis Trcspass Case.
The action of Mrs. Jemima Davis
against the Peoples Street Railway
company was resumed before Judge
Mcclure yesterday morning in court
room No. 3. 1t was held by the COM
pany that Mrs. Davis was injured by
jumping from the car and had she re-
mained in her seat hse would have been
unscathed 1t was also held that the
pains .and disability she complains of
could not have been caused by the ac-
cident but are due to rheumatism and
other forms of disease. The case was
given to the jury at p. m, and it agreed
Ter supper last night and sealed its
lict.
MS suit of Mrs. Margaret Hensel
Fainst A. A. Fennyvessy was next put
On trial Attorney c. l.. Hawley APP
! peared for the plaintiff and Attorneys
Watson and Zimmerman for the de-
fense. The plaintiff owns house at
631 Madison avenue which Mr.. Fenny-
vessy occupied from April l. 1892, to
April J., 1893 1t Is alleged that when
he left the house it was in disgrace
full condition and the suit is to recover
damages.
Almost Had Fit
Mrs. Hensel said she almost had
fit" when she saw her house after the
Fennyvessys left. Panels were broken
out of the floor the plaster knocked off
the walls, which were decorated with
a wild profuslon of nails. The bath-tub
was dinged and hammered, floors torn
up and the interior of the house in gen
eral looked as If a Kansas cyclone had
toyed with it. The case was still on
trial when court adjourned.
Before Judge Archibald the trial of
the case of o. A. Halford against Will
lam r. Williams and s. d. Mager was
resumed yesterday. The jury re-
turned verdict for 1921 So in favor of
Mr.. Halford.
The next case called was the New
York, ontario and Western Land COM
pany against Laura c. Weidner, an ac-
tion in ejectment. The plaintiff sues
TO obtain possession of one-eighth in
terest in seventy acres of coal land at
Olyphant formerly the property of
Alexander Dolph, The company'claims
TO have purchased Mrs. Weidners in
terest in the land, but she denies that
they have done. so.
The company is represented by At
torney H. w. Palmer, of Willses-Barre
and Attorney c. H. Welles Attorney
S. B. Price appears for the defendant
The appeal of Mrs. Catharine Owens
against Council No. 8, Order of Red
Men, was referred to Attorney H. w.
Mulholland under the act of 1869. Court
adjourned at 430 p. m. until Friday
tnorpipU