The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-12-24
VERDICT IS SET ASIDE
Judge Mcpherson Orders New Trial
in the Jessup Suit.
OPINION RECEIVED YESTERDAY
Says the Testimony Was Not Clear and
Another Trial May Bring 1t Out More
Lucidly-One Part OF the
Verdict Not Disturbed.

. ProthonOtary Pryor received from
Judge John Il. Mcpherson, of Harris
burg, yesterday, an opinion on the ar
gument for new trial In the suit or
Joseph II. Gunster, assignee of the
Scranton City bank against George "A.
Jessup and his bondsmen. The opinion
grants q new trial and Is as follows:
Aided by the arguments of counsel for
both parties upon this motion, l have read
attentively the notes of testimony and
am satisfied that as whole this Verd.ct
ought not to stand 1t Is not surprising
that the witnesses remembered somewhat
imperfectly after the lapse of iive or six
years, and that seeming contradictions
and Inconsistencies are not infrequent IN
their testimony. II. however. no other rea-
son than this existed for dissatisfaction
with the verdict l would be slow to dis
turb it, and refer to the imperfections OF
the testimony, merely because may have
been slightly Influenced by the belief that
the witnesses upon either side will speak
with more directress and accuracy on u
second trial and will thus offer to another
jury less confusing quality of testimony
But this influence would not be enough 10
lead me to my present conclusion Thls
rests mainly upon a decided opinion tina,
the verdict Is against the weight of the
evidence and ought to have been for the
defendants. have now in view the prin'
cipal questions in dispute, namely: TC
what purpose was DR.. Throop's assign
ment of $4,000 to be applied? and upon
that subject cannot think otherwise than
that the weight of the direct evidence. re-
enforced as ] believe 1t was by the strong
probability that the defendants theory
was true, ought TO have led the jury &c
the opposite result.
Question Suggested Itself.
I think / ought to say also that while
was reading the testimony question suS
Sested itself which was not raised or dis
cussed at the trial or upon the argument
of this motion, and upon which, therefore
/ do not consciously lay any stress: bu
in spite of that 1t may have some weight
in determining my mind. mean the ques
tion whether verdict as large as this ca.
in any event be sustained? The bond l.
for $4,000 only: two of the streties moi
otherwise liable to the bank, have already
paid to the assignee more than $4,000: II
this amount is to be regarded as sun
paid on account of their obligation un
der the bond, what Is the lint of the obli
cation which remains? / refrained from
examining this point because | was moi
asked TO decide it. but I confess that
could not shut out of my mind the posi-
bility that If this verdict was allowed tC
stand considerable injury might he done
even II n recovery in some amount ought
to be permitted. 1t may also be that this
possibility strengthened the impression
which formed at the trial and which has
since become a well-detined belief, that the
issue Ginloss the evidence differs consid
erably at another triaD ought to succeed
before any impartial and intelligent jury
One Subject OF Contcn cntion.
There Is one subject of contention, how
ever, upon which the testimony was fairly
balanced. and which ought to be regarded
as decided by the verdict. When the cast
closed 1t was conce 1ed that the defendant.
had signed a cashiers bond. and the only
point in dispute was. whether the bont
was Joint or joint and several. Upon suf
ficient evidence the jury has found II tc
be ioint and several, and we see no reason
to disturb the finding. In order to preserv,
II and to remove one of the DISPUTED uues
,ions. we will require the defendants to III,
p stipula ton admitting the execution Of :
Joint ard several bond for s25.0cO securing
the faithful DISCHARGE OF George A. Jos
suns duties as cashier during his cort'n
vance in Office. and admitting also tina
the bond Is lost
If this stipulation is filed on o~ befor,
Ian. H. 1896, the prothonntary will ente
an order setting aside the vordict art
granting rev trial: otherwise he will on
ter iudement on the verdict upon pay
ment of the jury fee.