The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1894-11-16
VERDICT FOR Defendant
Jury Did Not Deliberate Long in the
s Winton Bjectment Case.
LARkINs AGAINST THE CITY
Case Is on Trial Before Judge Archibald
in Main Court Room = -Non.Suit
Asked for in Case of Jones
Against Maxwell.

1t required but brief period for the
jury in the Winton ejectment suit to
agree upon verdict, which was vic
tory for the defense. The case was not
given to the jury until o'clock in the
afternoon, when Judge Gunster fin
ished his charge and it was compre-
hensive one. Attorneys on both sides
submitted points of law and court
dwelt carefully on them, affirming those
that comported with the evidence in
the case and rejecting whatever did
not. AS to the trustworthness of the
testimony of the several witnesses
Judge Gunster left the jury to weigh
it according to their convictions
Attorney Sherman, of Philadelphia,
made the closing argument for the
plaintiff and Judge Harding concluded
the presentation of the defendants
side
When the evidence in the Wlnans-
Bevan ejectment suit over two feet Of
land was all heard, Attorney j. Alton
Davis, for the defense, asked court to
direct verdict in favor of the defend
elit, DSIauSC liiC iiu iOt
shown paper title, in other words, a
deed, to the land in dispute. Judge
Archibald thereupon directed the jury
to find such a verdict, which they did
without leaving the jury box, and the
end came to that trivial suit.
LarIin Against the City.
The next case called before Judge
Archibald in court room No. was the
trespass suit of Michael Larkin against
the city of Scranton. Jessups & Hand
appeared for the plaintiff and City So
licitor Torrey represented the defend
ant.
Mr. Larkin, the plaintiff, owns lot
of ground on West Lackawanna ave-
nue.. On the front part of it he had a
blacksmith shop, and by virtue of an
ordinance passed by the councils of the
city of Scranton, providing for widen
Ing West Lackawanna avenue, twelve
feet of Larkin's property were seized
and used as part of the street and a
building on the lot partially torn down.
He lays damages against the city in
the sum of $4,000. The case yesterday
was just opened when court adjourned.
Tipstaff Ritter was still guarding the
jury room when court adjourned for
the day, in which the jury was confined
that is deliberating on the case of
! Architect Christian Alten against the
Carbondale township school district
The defendants attorneys maintained
throughout the trial that the architect
permitted gross errors to creep into the
construction of two school buildings
over which he had charge, and, on that
account, inasmuch as they had also
given him notice to terminate his rela-
tions, they were not legally bound to re-
munerate him. The plaintiffs attorney
objected all through the trial to that
line Of defense.
Trying Replevin Suit.
A replevin suit to recover a team of
| horses, harness, stone rigging, ETC., all
to the value of $4OO, was heard before
Judge Peck for the remainder of the
afternoon. John p. Jones, of this city
was the plaintiff, and c. W. Maxwell
| of Sullivan county, n. Y, is de-
fendant. Attorneys Hannah and Price
represent the plaintiff, and Attorneys
George Watson and w. w. Patterson
the defendants.
On July, $780, Jones leased the prop
erty he Is now suing to recover to Cor
nelius Wands, then of this city The
lease stipulated that the sum OF
$133,9S 1-3 cents should be paid each
month for three months, and at the end
| of that time If the marty of the second
part did well and truly perform these
payments, Jones was to give him bill
of sale. There were other provisions
in the contract allowing Wands to work
out part of the sale mony. Wands did
not meet the payments as per agree.
ment and the property was sold at sher.
IFS sale, Attorney Watson purchasing
1t in for Mr. Maxwell, who was one OF
the execution creditors.
Mr.. Jones was put on the stand, hav-
ing simply testified to the lease and the
plaintiff rested. O..
Asked for Non.Suit. -
AT that point Mr.. Watson moved fol
non-sult on the ground that the prop
erty was in possession of Wands when il
was sold and that he owned it according
to the terms of the lease. The attorneys
on both sides argued the motion al
length and Judge Peck decided to rule
/ on it this morning
In court room No. the appeal OF
William Moore against James Rowley
was called and jury drawn, but the
case was not opened.