The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-11-25
SUFFERING FOR GLORY
Tive Prisoners in the County Jail
Who Seem to Grow Fat.
HAVE COMMITTED NO CRIMES
One is James Cannon Who Was Com
mittcd for Contempt of Court and Is
in Jail Seventeen Months-Wil'
liam Saul Is the Other.

OF their Incarceration depends SOlely
upon their own sweet wills. Their
| cases are dissimilar as regards princi-
! pie, but much alike in some other re-
spects.
One is James Cannon, an old man
with one foot in the grave, who was
committed for contempt of court and
has been away from h outside world
since une 16, 1894: the other Is william
Saul, who refused to pay his poor tax of
added to it for his delinquency. He
claimed not to have been served with
notice by the collector and refused
point blank to pay the $1.12 penalty
when the collector came around. The
collector, r.. j.. Thomas, made out a
commitment. 1t was certified before
Alderman Owen D.. John and the con
stable took Saul into limbo. This oc-
Cured a month age.
Cannon was committed by Judge H.
NJ. Edwards for refusing to obey an
order of the court of equity. Many
years ago Margaret Cannon, mother of
the prisoner, purchased from William
SHETLAND, then a real estate owner of
the West Side. n lot of land on Troy,
now SHETLAND street. She died and
left an unpaid balance of s2S.71 of pur-
Cannon, Patrick Cannon and Mary
Riel, were her heirs. James went to Will
lam SHETLAND and paid him h $2S.71
due on the lot, and got a deed for 1t.
Others Were in Possession.
But Patrick Cannon and Mary Riel,
by her husband. Thomas Riel. were in
possession of the lot, claiming it I'M
der the will of Margaret Cannon, their
mother. James Cannon brought an ac-
ton in ejectment against them. The
case was tried in January, 1887, and on
m ~ Tf chat yanr l2 l,~xy rD,,~l -
verdict for the plaintiff, the verdict
however to be set aside and entered
for the defendants upon condition that
they would pay to him the sum of $2S. 20
on or before April I, 1887, with inter-
est from the date of the verdict.
The plaintiff was directed by the jury
to file with the prothonotary a sufii-
cient deed in fee simple of the land in
dispute for the benefit of the Defend
ants. On March "a, following the de-
PENDANTS paid into court all the costs
in the case and the $2S.70 with interest
as directed by the jury; they then APP
piled to the parliamentary for the deed
which the plaintiff should have exc
cuted to them, pursuant to the judg-
ment of the jury. Cannon did not do as
he was directed and he was put in Jail
for contempt of court. He was quickly
released, however, on a technicality, 1t
being found that the law side of the
court could not command him to exc
cute the deed, that such an order could
come only from equity court.
Accordingly, in April, 1893, after the
action in common pleas court a been
appealed to the Supreme court and re-
turned sustained, the proceedings in
| equity were begun. Attorneys Thomas
T.. Wells nj Charles r. Pitcher repre-
scented the equity plaintiffs. Mary Riel
and her husband, Thomas Riel. and ex-
Judge w. II. Stanton was attorney for
James Cannon. the prisoner.
The Frying Pan Into the Fire.
When the prisoner commended sue
cessfully that the law side of the court
could not ser him to jail for refusing
to execute the deed, he had not bar
| gained on meeting with the full stretch
in equity pleadings. When the bill
was brought to compel performance of
the condition on his part, the defend
ant made answer denying the juris-
| diction of q court OF equity to enforce
| the conditions of the verdict, alleging
that the verdict left It optional with
him to file the deed.
The issue was referred to Attorney
George s. Horn. as master. who. after
hearing, reported on both law and facts
in favor of Mary Riel. Exceptions were
filed to Mr.. Horns report and they
were sustained by the court. An ap-
| peal was taken to the Supreme court,
and that body by Justice Dean reversed
the ruling of the lower court and
sustained the finding of the master, Mr..
Horn. The masters suggestion for a
decree in favor Of Mrs. Riel was adopt
ed and it was directed to be carried into
effect. This opinion was received from
the Supreme court on May 8, 1894.
On May 8 Mrs. Riel. through her at
t%orneys. filed al affidavit in court to the
effect that James Cannon. who was d.
rectad to execute and deliver into the
hands Of the prothonotary a fee sim
pie deed for the land described in the
~pleadings. for the benefit of herself, her
heirs and assigns, had neglected to do
so n had not paid the costs Of the
equity suit as he was directed to do.
He Was Sent to Jail.
The following day Judge Edwards
show cause why an attachment should
not issue against him for failure to ex-
ecute the deed and pay the costs as he
was required to do by a decree Of the
court. On June 13 the court ordered
and decreed that an attachment should
issue for the arrest of cannon to an
| swer for contempt.
On June, /. 1894, he vas brought into
court n asked why he had spurned
the order of court. He had no defense
to offer; not only hat but he made mat
tiers worse by openly and defiantly re-
fusing to execute the deed. Judge Ed
wards told him what the inevitable
would be If he persisted in that course;
his attorneys reasoned with him, but
to no avail. n there was no alterna-
| tive but send him to Jail.
The ludicrous a Of the case is,
| that GannOn's refusal to obey the court
| does not interfere one way or the other
| with Mary Riel's title to the lot that
was in dispute. The prisoner is simply
| suffering for glory; and there Is no way
in which he can be saved from himself
unless proceedings are taken to deter
mine his sanity. In that event he
would not be benefited. Should the in
ouisition find that he Is insane, the asy-
lum would be his home: II he would be
found sane, he would have to remain in
fail until he dies, that is II he persists
in refusing to obey the court.
Determined Now rs Ever.
He Is cheerful and happy apparent
". but his steadfastness In setting at
defiance the order of court ID as virile
now as the day he was first sent up. A
Tribune. reporter visited the jail and
saw him. His nswer was that he will
remain locked up until q certain warm
place freezes over before he signs the
deed.
with regard to the case Of Saul. who
heS apept sNinonth behind the bars,