The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-09-20
AN award AGAINST Smith
ArbitratOrs Allow Attorney I. H.
Burns $4,000 as Damages.
VERDICT IN THE HENNE CASE
lie Is Allowed Sis for the Death OF His
Daughter. Grace - Two Ncrdiets
Scaled and viii BE Brought Into
Court This Morning.

Arbltrators Thomas +. Duffy, George
NJ. Watson and Fred w. FleitZ rem
dered an award yesterday of Sl5o"o in
favor of Attorney Ira I'll. Burns against
Attorney Cornelius Smith and John q.
Jennings i'm the famous libel recently
filed of record by Mr.. smith In the Office
of Prothonotary Green, of the state
Supreme count.
AS Is well known. Mr.. Jennings was
held to bail In the sum of $500 To appear
at court on the charge Of perjury, for
not being able to substantiate the
charge of jury packing against Deputy
Prothontary Myron Kasson. after max
ing an affidavit containing the ,allega-
ton. Attorney Smith applied to the
Supreme court for a writ of peremptory
mandamus to issue and compel Judge
Archibald, of this court. to release Mr.
Jennings on his own recOgnizance,
thing that Judge Archibald refused
point blank to do on the day the episode
happened in court.
The contents of the paper book We're.
according to Attorney John T.. Kelly.
counsel for Mr.. Burns, bristling with
libel in every line. Almost every official
that had aught 70 do with the Jennings
Lehigh Valley trespass suit. the judge,
the attorneys. the deputy prothonotary
and the sheriff, We're charged with hav-
ing done dire things to thwart justice
and circumvent the principles of equity
and fair play that a verdict against the
plaintiff might be reached
Attorney Burns brought suit for s50,-
900 damages by reason of the publica-
tion of the libelous book. The first and
only hearing before the arbitrator was
held last Saturday. Neither Mr. Smith
nor Mr. Jennings. were present, nor
fh..y .I I,,.p
award of the arbitrators will be en-
tered as Judgment and lien filed
against the property of Messrs. Smith
and Jennings. Mr.. Burns has not been
so anxious to get verdict of large
damage as to have refutation Of the
charges against him established and
put on record.
Verdict for Albert iicnnc.
After court opened yesterday morn
ing the jury in the trespass case of
Albert Henne against the Peoples
street Railway company filed into
court and returned a verdict in favor
of the plaintiff for $17j, Mr.. Henne
sought to recover $4,000 damages for the
death of his S-year-old daughter.
Grace. who was killed by 4 trolley car
on West Lackawanna avenue on June
%. 1891.
Before Judge Archibald the closing
arguments We're made in the ejectment
suit of Charles Wagner against Il. IL.
Bray. The verdict was in favor of the
plaintiff for the land in dispute. Ma
jor Everett Warren made the closing
argument for the defense in the case
of Henry A. Depuy against Jesse a.
Brady and Attorney |. H. Burns ar
gued for the plaintiff. The case was
given to the jury at 1l.3O, and at 3
o'clock last evening it agreed upon a
verdict and sealed it. This morning 1t
will be handed to the court.
Nonsuits We're taken in the cases OF
A. NJ. CHM against Jonas Brandt ana
Patrick Mcclure against Jonas Brandt
and Martin McHale: In both cases the
plaintiffs failed to put in an appear
ance.
Suits Against the Prudential.
Mrs. Anna OGrady, of the West
Side, was the plaintiff In two actions
against the Prudential Insurance COM
pany, which We're tried before Judge
Gunster in the main court room yes
terday afternoon. The plaintiff seeks
to recover $22l.25 insurance upon the
life of her mother, with interest from
April 90, 1891. The defendant resists
payment on the ground that the in
sured fraudemly, represented her age
" Dt U. ySdls, ~ ANo'Ns'
was much over 10 years of age.
The rules of the company prohibit
the insurance of persons over 10 years
of age, but there was no reference to
this rule in the policy. while there was
a clause making the policy incontesti-
BILE after due premiums had been paid
for three years. Attorneys j. Alton
Davis and John r. Edwards repre-
sented Mrs. O'Grady and Attorneys
Hulslander & Vosburg the company.
The case was given to the jury at 3.i3.
and in less than half an hour 1t agreed
upon a verdict and sealed it until this
morning.
In court room No. 3 before Judge
Archibald the action of Peter Conroy,
of Dunmore. against Mrs. N. +. Smith.
wife of Charles X. Smith and ]. 7.
Keene, was on trial when court ad-
journed. ConrOy was sub-contractor
on q summer residence at Elmhurst
for Mrs. Smith and sues to recover $ll.
which he alleges is still due him for
the work he did. The defense is that
he did not properly perform his work.
Against the Borough of BiakcIy.
A suit against the borough of Blake
ly was on trial in court room No. be-
fore Judge Searle yesterday afternoon.
Thomas Monahan was the plaintin,
and he sues to recover damages for in
jury which he alleges was done to his
property by the construction of cul-
vert Monahan owns three lots In the
borough which he declares have been
rendered almost valueless by the con-
struction of the culvert. 1t causes
them to be covered with water almost
continuously. The lots. he says, are
worth $3.50 apiece.
He Is represented by Attorney ]. II:
Burns and r. V. Powderly. and Ward
& Horn appear for the borough. The
latters case was opened to the jury
Just before court adjourned