The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-12-18
MR.. SMITHS CONTENTION
Thinks He Cannot Get Fair Play in
the Court Of LackaWanna.
REQUEST THAT HE HAS MADE
Tomorrow Court VIII Hear Arguments on
the Rule for Ch~nGo of Venue.
Attachment Against DIR.
Kelly Dismissed.

| In Argument court yesterday Attor-
ney Cornelius Smith filed a rquest for
| change of venue in the argument of
| the rule to set aside the award of ar
| bitrators in the case of Attorney /. II.
| Burns against him. This Is the case
where the plaintiff was awarded SIS,
| 900 damages. Mr.. Smith did not appear
at any of the hearings before the arbi-
traitors. but he set to work Immediately
| after the award to have it set aside.
The court granted rule to be argued
tomorrow. Judge Gunster. in granting
! the rule. said that the application al
| lcges no facts to bring it within the
| cases specified under the act Of 1875.
| He says it Is mistake to allege as a
| reason FOR the change of venue that
Judge Archibald. who Is accused of
being an interested party, Is required to
| try the case. The hearing will be the
first thing on the list tomorrow, and
| the parties concerned will be required
| to answer by affidavits.
IN the matter. of the attachment of
pr. Carl NJ. Kelley, of Equinunk, for
contempt of court. argument was made
by Attorney George S. Horn. The doc
tor. being u witness for jennings in
the case against the Lehigh Valley
railroad company, gave the court lot
of trouble to bring him. here. When he
was finally landed Judge Gunster held
him IN the sum Of $1,000 bail to appear
and answer why he should not be pun
ished for contempt of court
Explanation Of the Doctor. ..
10, 4 l,Ao
ing it Judge Gunster discharged the
proceedings against him. The excuse
he gaze for his persistent evasion of
suLpocnas was that in the month of
March last Michael Thornton, constable
OF the Twentieth ward, of Scranton.
went to the town of Hancock, N. Y.
and there served the subpoena on him,
notifying him that he was required to
appear as witness in the common
Jleas court of Pennsylvania, on March
%.
The doctor disregarded this service
because 1t was served on him outside
thu state. lie, however, was taken here
on capias by Deputy Sheriff Y. j.
PRICE. and when he was asked by the
court why he did not appear. he in
formed the court that Constable Thorn
ton served the subpoena on him in an
other state. Court thereupon discharged
him, but he had another action of
contempt TO answer. He did not ap-
pear later when wanted. and the court
was Informed that he had been sub
poenaed.
Tho doctors answer to this was that
as soon as he left the court house, the
day he was brought back by Mr.. Price,
that he was met on the square by q
man who subpoenaed him to appear as
witness ir the Jennings case. The
doctor took the subpoena and read it;
he found that it was the same paper
Thornton had served on him, and the
Gate had not been changed 1t re-
Quired him to be present on March 25.
The day 1t was served was on March
q. ami 1t was physical impossibility
for him to turn back the wheel of time
forty-eight lours.
Not Through Feelings Of Contempt.
lie said it was not through any feel
ing of contempt for the court that he
did not appear when wanted, but he
felt that llnoer the circumstances he
was not legally bound to appear, and
as he Is a physician and has large
practice he could not afford to neglect
it by coming here to Scranton every
term of court, only to find when he
got here that for some reason or an
other the Jennings case had been con-
tinued, ard particularly from the fact
that he has come as a witness several
times and his expenses have amounted
to ever $ICo rot one penny of which
has yet been laid. Judge Gunster dis
charged him,