The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-12-20
Smith REPEATS CHARGES
Docs So in an Affidavit Signed by
His Client, Mr.. Jennings.
PAPERS OFFERED IN EVIDENCE
Application for Change OF Venue In the
BurnsSmith Case Was Made by
Argument Before Judges Gum
ster and Edwards Yesterday.

Attorney Cornelius Smith and his
client. John G. Jennings, are anxious to
get out of Lackawanna county to try
their cases and with that end in view
Mr.. Smith argued in court yesterday af-
ternoon for p change of Venue in the
case of Burns against him on the hear
ing of the rule to strike off the award
of $4,000 given by the arbltrators in ..,e
libel suit. The argument was made be-
fore Judges Gunster and Edwards.
Judge Archibald stepped down from the
bench when the case was called and
took a chair among the lawyers who
had gathered around to hear what was
going on.
Mr.. Smiths first move was to read an
affidavit signed by Jennings, which was
reiteration OF the charges made In the
paper book filed of record in the Su-
preme court. The document set forth
that on the 10th of October, 1888, James
Jennings, son of John G. Jennings, was
seriously and permanently injured py
the Lehigh Valley Railroad company at
Mud Run in a collision, and that in jan
ary, 1889, two actions We're begun In the
common pleas court of this county
against the company. That Attorney
Ira II. Burns. the plaintiff i'll the above
action, conspired and confederated with
Thomas Reynolds. Myron Kasson and
others for the purpose of hindering, de-
laying and defeating the plaintiffs in
their actions against the Lehigh Valley
Railroad company. and for the above
alleged wrongs committed by the SAID
combination against the afiiant he has
,r%c f,c. nj nn G
of Lackawnna county an action for con-
spiracy against the Lehigh Valley Rail-
road company, Judge r. w. Archibald,
Ira II. Burns. Myron Kasscn, c. r.
Pryor, Judge T.. N. Willard, Major
Everett Warren and Lemuel Amerman,
which action is now pending in court.
An Interested Party.
That Judge Archibald, being president
Judge of Lackawanna county, Is re-
quired by law to try the present action,
is personally interested, and that OBJ
lection was made by Mr. Smith to al
lowing Mr.. Kasson to draw the jury on
the ground that he packed the jury in
the second trial of the case of James
Jennings against the company, and upon
the further ground that he threatened
that if any objection was made against
him. he would continue to pack the
jury.
Judge Archibald called on Mr. Kasson
to make statement in defense of the
charges made against him and Mr..
Kasson stated that Mr.. Smith having
come to his Office and charged him
with packing the jury in the Jennings
case he got mad and said things to
Mr.. Smith, which he ought not to have
said. The court overruled the objec-
ton on the ground that it was not
sworn to, and ordered Mr. Kasson to
draw the jury in the case.
In the wind-up of the affidavit this
is what he says of the press of Scran-
ton: The persons who have continued
as aforesaid against the afiiant, his
attorney and his case, are persons of
great power and influence over both
the press and the minds of the inhabit-
ants of Lackawanna county. That
this power and influence for the past
six years. through the press, and other,
wise, has been exercised and used
against the affiant, his attorney and his
case.
Speaks of Local prcjndicc.
That when the plaintiff, through his
attorney, would make objections to the
many and repeated wrongs committed
against the affiant by the combination
aforesaid, the local press would declare
it sensation in the Jennings case.
and then declare the objections false
and groundless, and then in more severe
terms comment against the affiant. his
attorney and his case. and in this man
ner strong local prejudice has been
created against the afiiant and his
attorney, and the said local prejudice
now exists, and the defendants cannot
obtain fair and impartial trial in
Lackawanna county.
The last section of the affidavit
charges Prothonotary Pryor with not
choosing an arbitrator for the defend
ant properly. The next thing offered to
the court was the declaration MED with
the praecipe in the $lOO, 900 damage suit.
The object was to connect the affidavit
with the proceedings then being argued.
The affidavit sworn to by Mr. Jennings
charging Mr.. Kasson with packing the
juries was next produced. This is the
paper that caused Jennings to be held
for perjury.
He next offered another affidavit made
on April H. 1898, when the charges were
first made that there was conspiracy