The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-07-20
SMITHS LATEST STRIKE
Brings the dealings Case to the
Attention Of the Supreme Court
HIS REMARKABLE PETITION


The petition OF John G. Jennings, filed
In the supreme court Of Philadelphia
day before yesterday. Is the most ex-
traordinary document ever presented
to any court In the commonwealth. IL
Is one OF the incidents of the celebrated
case Of jennings against the Lehigh
Valley Railroad company. 1t viii be
remembered that "a few weeks ago.
when the case was called for trial, Mr.,
Smith made something Of sensationby
reiterating certain charges he had made
against Mr.. Kasson. the deputy pro-
thonotary, with reference to the se'lec-
tion Of the jury,
President Judge Archibald asked him
to prove the charges he had
made and they were shown to
be without any foundation what
ever. The allegations We're made
in writing and under oath by
John G. Jennirgs. At the conclusion
of the hearing Mr. Jennings wa: held
to bail to answer the charge of perjury.
The present proceedings In the supreme
court consist OF a petition asking that
court to issue Il mandamus to compel
the pre;idert judge of this county to
discharge Mr.. jennings upon his own
recognizance. and to command the
pre- sident judge to order and direct
some qualified and disinterested person
to draw the jury a, the next trial OF
the case, further commanding him to
order and direct that the deputy pro-
thonotnry. kasson. shall not have any
thing to do, or be engaged In any way
with the drawing of the jury
Charges Against Everybody.
This petition. which Is made a part
o. the proceeding in the supreme court.
contains charges against everybody,
nearly. in connection with this cele-
brsted case.
1t Is charged thlt Mr. Burns, one cf
the attor2 eys for the defendant, solicit
ed and procured many of the officials OF
the court of this coucty to form with
him an unlawful combination for the
purpose OF defeating the plaintiff. 1t
Is sGid that this first combination was
made with the sheriff, who was induced
to make false and improper return Of
the service of the summons. 1t is said
that the combine. in their efforts to de-
fea. the plaintiff. procured some un-
kno wn person to go to the city hospital,
having instructed the unknown person
- represent to the Doctor: that he was
James Jennings, and that he was in
jurei in the Mud Run disaster. and to
have himself examined and afterward
to make declarations to the doctors to
defeat the plaintiff's action.
This. 1t +: alleged. was done. 1t is al
legged that said Burns solicited and pro-
cured from the late Judge Connolly an
ag, cement to Immediately set aside any
verdict which the jury might render in
favor of the plaintiff: that the jury hav-
ing rendered a verdict in the sum Of
S.. COO in favor of the plaintiff, the trial
judge Immediately set 1t aside; that the
verdict was unlawfully set aside, ard
thereafter the combine OF Burns and
the officials Of the court directed their
efscrts to defeat the action Of the plain
tiff by means of packing the jurors !;
that the county detective was employed
to fix jurors at their homes. and that
the deputy prothonotary was procured
to draw the jurors in such a way as to
select only those that had previously
been fixed.
Charge Against Mr.. KassOn.
There Is a plain, square charge
against Mr.. Kasson Of having packed
the jury upon several occasions; that
the president Judge of the court gave
the petitioner and his counsel no op-
portunity to produce their evidence to
prove the charges contained In the pc
tition, not even giving the petitioner
time to be sworn before he was called
before the court to make his statement
to show upon what ground he made
the affidavit.
Mr.. Jennings asks the supreme court
to be discharged upon his own recogni-
ance. first because the court had no
lawful authority to make the order sec
ond. the plaintiff could not be held to
bail to answer charge Of perjury until
the case wherein the alleged perjury
has been committed Is finally term
mated.
In the argument attached to this ex-
traordinary paper Mr.. Smith reiterates
great many OF his charges which
were thoroughly investigated and
proven to be without foundation. 1t
speaks Of Mr.. Kasson's action as ad-
mltedly criminal says that the agree
ment with the late Judge Connolly to
set aside any verdict for the plaintiff
might be found as a matter Of record.
whereas. 1t not only is not Of record.
but was thoroughly disproved at the
hearing had with reference to these
charges several months ago.
With reference to the action Of the
president judge at the last term. 1t in
Inmates that he was partial in his rul-
ings, and that Mr.. J Innings could not
get justice at his hands. The argu-
ment concludes as follOws
Mr.. Smith Grows Eloquent.
After a contest for six long years,
with repeated fraud and crime, this
combination has not only succeeded In
holding the case at the point of begin
ming, but In landing the unfortunate
plaintiff at the very door OF the penlten-
itary. The admitted crimes OF Mr.
Kasson. whose facilities to commit is
equalled only In his security In com
mtting strikes at the foundation OF law
and Justice. These we Must defend, or
perish"
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