The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-04-12
JURORS have NOT AGREED
In the Case OF Miss Ann Munley
Against the City Of Scranton.
TIPSTAPF WALSH'S OPINION
lie Believes That Man Must Lie In the
Cutter Before lie Could BE Consid.
cred Drunk-Case Against tho
Delaware n Hudson.

against sthe city clsoed before Judge
Archibald in the main court room soon
after 3 o'clock yesterday afternoon and
the jury retired to deliberate upon Il
verdict. This is the third time the case
has been brought up In court.
Tipstaff Anthony Walsh was on the
stand yesterday morning. He was a
patrolman on the Scranton police force
at the time Mrs. Munleys husband fell
down the air lot on Lackawanna ave-
nue. and was killed. Mr. Walsh was ex-
amined regarding the opinion he formed
as to Munley's sobriety the night of the
fatal accident Judge Archibald desired
to know In what state a man needed
to be when Mr.. Walsh considered him
to be drunk and the witness said:
when he lies down and can't walk"
"rhen you don't consider man
drunk until he is dead drunk" asked
Judge Archibald.
John II. Jones, of lower Lacka wanna
avenue. q witness in behalf OF the city,
was wanted to give rebuttal testimony,
but he did not put himself in evidence
and the sheriff was sent to take him in.
Judge Archibald imposed fine of $40
for contempt of court. Architect +. l..
Brown, Contractor John Benore, w. w.
Archer, j. II. Hannis and william De
Wilde We're called before the city rested.
The plaintiff called John r. Jones in
rebuttal. and arguments were then
made by the counsel.
The jury spent the night in the court
house, and 1t would not be a surprise
II they will come into court this morn
ing and asked to be discharged on the
ground of disagreement.
Suit in Eject mcnt Begun.
In the afternoon the case of Fl. c.
Comegys and others against A. b. Rus
sell and Joseph Davenport was called
for trial before Judge Gunster. The
plaintiff is represented by Attorneys
Comegys. Shurtleff and Willard, and
the defense by Attorneys II. NJ. Hannah
and S. b. Price. The suit is an eject
ment, the land in dispute being a coal
tract of four acres lying partly in Scott
township and partly in Blakely. A. b
Russell was the owner of the land, and
he made a lease of the coal to Daven-
port for 10 cents ton royalty. Daven-
port leased the land to Comegys & Da-
Wis, and Russell refused to recognize
them, and claimed his lease to Daven.
port had been forfeited, hence the suit
was in at adjournment.
The case of Spruks Bros. against
Charles Mursch was continued yester-
day morning before Judge Gunster in
court room No. 8. The suit is to re-
cover $326.0S on a mechanics lien. The
jury found a verdict for the defendant
The case of the city of Scranton
against John Tierney was put on trial
In the main court before Judge Arch
bald. City Solicitor j. H. Torrey rep
resented the plaintiff, and Attorney /.
II. Burns the defendant. 1t Is a suit
for the assessment against Tierney for
the paving of Luzerne street and Is
brought on municipal sci ia lien.
Rules for new trial were granted in
the cases of Murray against the bor-
ough of Winton, and of Slowther
against Harvey.
Judge SimontOn Presiding.
John Benore was the first witness
called for the plaintiff in the case of
Hughes against Delaware and Hudson
Canal company. He testified to having
had occasion to pass this crossing on
an average of once a day. and in his
opinion the crossing. was very dan
gerous one.
Ex-Judge w. J. Lewis was sworn
and testified to the same condition of
things as the preceding witness. w. =.
Boland has occasion TO cross this
crossing about twice a week and in his
opinion it is a very dangerous crossing.
f. F. Blewitt also testified that it is a
very dangerous crossing
After the plaintiffs closed their case,
Judge Jessup moved for compulsory
nonsuit on the ground that the dece-
dent contributed to his own death.
Judge Simonton was of opinion that
there are certain facts which must 20 to
jury.
The defendants then opened their
case and called Henry Frey. the pho
tographer. He testified to having taken
photographs of the locality where the
accident occurred.
Mr.. Gritman, of Wilkes Barre. the
engineer in charge of the engine the
night Of the accident. was sworn. The
case will be resumed this morning.
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