The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-11-23
COULD NOT AGREE
Told by the Court They Could Take
Their Own Time To Do So,
GOLDEN CASE THEY DIFFER on
4 Verdict for the Defendant Returned
in the Case of Cincinnati Safe and
Lock Company Against NJ. III.
lie Witt.

After an all night session the jury ir
the case of Mrs. Snyder Pulaski against
eX-Councilman Patrick Golden, of the
Sixth ward, for Il bill of S1C0 for 5000
Edmund Bartl cigars. came into court
yesterday morning with the story h q
they could not agree. Judge
| did not 90 into ecstasieS over their
plight INT informed them that a for
mer jury had disagreed; that there was
no sense in not disposing of the case
this time, and that they could stay out
until Tennyson's Ring Out Wild Bells
a verdict. They e back to their
council chamber and nothing was heard
of them the rest Of the day.
In the ease of the Cincinnati SAT- and
Lock company against NJ. M. Dewitt,
the jeweler. of this city. the jury found
a verdict for the defendant. They also
returned the following special findings,
which We're prepared for them by Judge
Archibald:
would be in season unless they reached
IF the jury find for the defendant
they will answer these questions in ad-
dition to their general verdict: l. Was
the safe such Il safe as the
orderedg'-No. was the answer.
IF you say it was not, state in what
respect it was not what he ordered
Answer. 1T did not contain tongue and
groove doors. felt lining. crane hinges
ard pressure bars"
Judge Edwards as Chancellor.
In court room Nc. 2 the case of the
Buffalo City bank against the Traders
National bank of Scranton for a note
OF $l59 vas heard before Judge Edwards
without a jury. The plaintiff vas rep
| resented by eX-Judge w. II. Jessup. w.
II. Jessup. jr.. and Attorney r. G.. VIII
liams, of Buffalo. Attorney WV. Wat
| CON ranrlSnntn1 thn r.~asnnn1nnf is
an action in which a question of law is
involved and both sides agreed to sub
nit it to Judge Edwards.
The Fifth Avenue National bank, of
New York, got q note of Goul q Sons,
of Scranton. for $i59. payable June 29
last. The metropolitan institution sent
the paper to the City Bank of Buffalo,
their correspondent, who sent 1t to the
Elmira National bank for collection.
The latter sent it to the Traders bank
here on or about May Is.
On May 20 the Elnira bank failed and
went into the hands of a receiver. owing
the Traders bank a balance of 500. The
Gould note matured on June 90 n II
wa" paid. The Traders bank received
notice of the failure OF the Elmira bank
the day after the failure, but on June :
they sent to the receiver of the failed
bank a remittance for the note of $15s
| less TIE 80 WHICH, Vas oWllS l tIit
Traders bank before the failure. Tho
receiver wrote back that he had nc
authority to collect the item and in
structed Cashier A. V. Williams. of The
Traders bank, to settle the Gould note
direct with the Buffalo bank, which Mr.
Williams refused to do. Now the Buff
falo bank sues the Traders for the full
amount of the note, claiming the in
solvency of the Elmira bank was known
to the defendant before the settlement
of the note was made.
Ehrgood TOOK the Wrong Action.
The trespass suit of Emory j. Ehr-
goo, against the Moscow Water com
pany was called for trial the first thing
yesterday morning and was on all day
but at 4 o'clock a juror was Withdrawn
an he cast continued. Ehrgood is al
unique character. He had a cider man.
ufactOry and shingle mill along a creek
in Moscow and could also make feed
and anything else in that line. He al
legged that the defendant company toof
possession of the stream on which his
mills were built and reduced the water
supply so hat it injured his business
Attorneys John +. Scragg and w. S
Diehl represented him and the com
pany's attorney was j. Alton Davis
After the day had beer spent In hearing
evidence. Attorney Davis made q motion
to withdraw a juror II continue tho
case for the reason hat the action was
not properly drawn; that instead OF
suing the company for damages for re-
ducing the supply of water, it ought tC
be an action based on the right of the
plaintiff to sue according to the law OF
eminent domain.
The arguments of Major Everett
Warren. counsel for the plaintiff. and
w w Watson. counsel for the defend.
ant, We're made in the case of w. G
Townsend G. Co, of New York. against
Frank Carlucci, the charge of Judge
John G. Love. of Bellefonte, was ended
at $50, and at that hour the jury re-
tired