The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-06-06
CUMAER EJECTMENT SUIT
It Was on Trial in the Main Court
Room All Day.
MARCY CASE HAS BEEN NSETTLED
Verdict for Hillside Coal and Iron Com
pnny Taken by Agrccmcnt-Jury Sent
Out to Prepare q Statement Of It's
Vcrdict-Chiiton Case on Trial.

In the main court room yesterday
before Judge Edwards the entire day
was taken up with the trial OF the eject
ment suit OF Edward Gumaer against
Pardon Il. Barber to obtain possession
OF five acres OF land in Benton town
ship. Until 4 p. m. the time was con-
sumed in hearing testimony for the
plaintiff. a large number of Witnesses
being called to prove the occupation or
the land by Pardon II. Barber and also
ito testify as to what the rental of such
a property would be per year. The
deed to Mr. Gumaer from Coleman
Wells, executor of the estate of william
Barber, was also offered In evidence.
After the plaintiff rested Attorney IL.
M. Hannah asked for IL nonsuit on the
tround that case had not been made
otAA by the plaintiff that was sufii-
centsy clear to allow the Jurors to pass
upon 1t. Judge Edwards refused to
grant the motion, but told Mr.. Hannah
that he would allow him to present ar
gument for binding instructions to the
jury after the evidence of the defense
was in.
Mr. Sopcrs Opening Remarks.
Attorney C. II. Soper then opened the
case to the jury for the defense. He
said that almost up to the time of the
death of William Barber the fifty acres
in dispute had been a portion of his es-
tate. Some time prior to his death he
sold these fifty acres to his son Ira
Barber and took Il Judgment note in
payment. Ira also became indebted to
Sidney Finn, and the latter, in 1877,
after the death of William aBrber,
caused the land to be sold at sheriff's
sale in Wilkes-Barre to Satlsfy his
claims.
Coleman Wells was executor of the
estate and with Pardon Barber he went
to Wilkes-Barre by agreement of the
Barber heirs to attend the sale and pro-
tect their interests. In puruance Of this
| agreement, Mr.. Soper said that the
property was allowed to be sold and
was purchased by Coleman Wells for
the estate with money furnished by
Pardon Barber. The price ait which the
property was sold was $2O1,56 After
this sale Pardon Barber went into pos
session of the land and has remained in
possession ever since.
Second Sale of the Property.
On April Z, 1885. Executor Wells noti-
| fled the Barber heirs that he intended
to sell the land occupied by Pardon
Barber and also an adjoining strip
owned by the estate. The heirs pro-
| tested, Mr.. Soper declares, and offered
to pay any claims that might be
| against the estate, but the executor re-
| fused to listen to them and proceeded
with the sale, Edward Gumaer becom-
Ing the purchaser. The validity of the
| sale was never recognized by the Bar
| bers and the deed given to Gumaer by
Mr.. Wells was treated as of no conse-
quence. After Mr.. Soper had complet-
ed his address to the jury, court ad-
journed for the day.
| BY an agreement verdict for the de-
| fendant was taken in the famous eject
ment suit of William II. Marcy against
the Hillside Coal and Iron company.
| The action was begun in 1889 by Mr..
Marcy to obtain possession of valuable
coal lands in the vicinity of Jermyn,
| this county, which were said to be
worth in the neighborhood of 100000.
| They Did Not Coont Alike.
| An action brought by A. J. Ribish and
his wife. Ottelia Ribish, against Benja-
min Sweetzer was put on trial before
Judge Archibald in court room No. 3
| yesterday morning, and went to the
Jury at 3 o'clock. Mr.. SweetZer Is the
owner of brickyard in Keyser valley,
| and made a contract with Mr.. RibiSh
| to dig and haul to the yard clay from
which to manufacture the bricks. The
agreement was that he should be paid
certain price for every thousand of
brick manufactured from the clay.
The parties disagree as to the number
Of bricks made Mr.. Sweetzer's book
keeper figured 1t out that 100000 bricks
were manufactured, but Mrs. Ribish,
who also kept count in the interest of
her husband, is certain that there were
| 100000 bricks. There Is also differ
| ence of opinion as to the amount of
money paid to Mr.. Ribish on his con-
tract. Altogether the latter claims that
| Mr.. Sweetzer is indebted to him in the
sum of $1S7.50 with Interest from Oc-
| tober, 1892. Attorney A. ID. Dean ap-
peared for the defendant. and Attorney
w. S. Hulslander for the plaintiffs,
| Jury Sent Back Again.
| At 3 O'Clock the Jury retired to de-
liberate on the case and at 4.3O It filed
into court and handed in verdict for
the plaintiff for S175, without interest.
Judge Archibald was unable to decide
how they arrived at such figures and
sent the Jurors back to the jury room
to prepare an 'itemized statement of the
manner in which they reached the con-
clusion that Mr.. Ribish was entitled to
$175 They will make their report to
court this morning.
| After court opened yesterday morn
ing the arguments to the jury In the
cases of Collins, Purdy and Hunter
against the Carbondale Traction COM
pany were made. Attorney J. Il. Burr
spoke to the jury In behalf of the COM
pany and Attorney I. II. Burns argued
| for the defendants. Judge Mcpherson
delivered his charge and at noon the
case was given to the Jury for consid-
Grafton. A verdict had not been reached
I'D to the adjournlng hour.
His wifo Was Injured.
The next case called in No. was
Joseph Chiffon against the city of Car
bondale, an action in trespass to re-
cover damages for loss OF his wife's
services and money expended In att
tendance upon her while she was suf-
fering from injuries sustained by fall
ing while passing over a cross-walk on
the main street Of Carbondale on the
evening OF Jan. 22, 1890. The cross
walk was being repaired at the time
and was not In It's usual condition. Mrs.
Chiffon, in walking over 1t, stumbled
and fell, sustaining injuries which she
alleges permanently injured her health.
Her action against the city for dam