Evening journal., 1895-03-20
IN THE HANDS OF TIE JURY
THE LAST ACT IN THE HUBER
JACKSON & SHARP DAMAGE SUIT

Judge Lore Delivers His Charge and
the Twelve Men Good and True Re-
tire-Arguments Heard in Superior
Court.
The attendance yesterday afternoon at
the Court House was the largest of any
during the course of the damage suit
brought by Martin c. Huber vs. the
Jackson aud Sharp Company Every seat
was filled and even the aisles were filled
with men
Levi @ Bird was the drawing attraction,
and the belief that he had "knife up
nis sleeve" and was itching to use 1t on ex-
Senator Higgins, led to the crowded
oouse. There were number OF women
present.
Elk Senator Higgins closed at 12 and
Mr.. Bird at once began his summing up.
de opened by saying that he and his
colleague had been willing to let the
case go to the jury without argument but
the counsel for the defense wasted
hours in which to build up a
specious agreement to sidetrack the
Jury, as it were, from the
main issues on to issues which have no
part in the case. he said be felt 1t his
duty to bring the july back to the issue
which really existed. and for that purpose
ne reviewed In careful manner much OF
the evidence given and showed where the
men who held important positions under
he defendant corporation. and who had
vital interest in testiiying that the
Hoor was not in bad condition, had Sc
I stifed
he asked Suppose these men had, by
their testimony, shown that they had
not done their duty, what would be the
result 2" and answered it by rapidly
drawing his finger across his throat. The
movement was an amusing one and
created hearty laugh.
Mr. Bird claimed that il Superln
tendent King aud the other officers of
this corporation were TO be believed,
then some twenty eight other witnesses
we're perjurers and told the Jurors that If
they believed this to be so, to give a
verdict for defendant He said be
wanted no small amount for his client.
he would rather have nothing. he pict-
ured the condition in which Huber
vas left by the accident and asked that
he amount be such as would keep him
/ from want the balance of his life. He
/ spoke about an hour and a half.
Judge Lore stated that he would defer
his charge until this morning and warned
the Juror not to converse about the case
with anyone.
The charge to the jury was made by
1 Chief Justice Lore, this morning. 1t war
short and to tue point, and was conceded
be thoroughly impartial He explained
the conditions which must lead to tbs
verdict, aud defined the matter o.
damages clearly. At 10 30 the bailiff wal
sworn aud retired with the jury.
The jury In the damage suit Of Hube
vs. the Jackson and Sharp Company wa
still out when the court took a reces
until this afternoon. - -. -
Argument was made in the suit of FRS
National Bank VS. Nathan LiebermRn, q
surety on the bonds OF Peter T. 4 Smitl
as teller of the bank, and who wa
convicted of embezzlement of $50, 900
The argument was To show cause VIII,
certain Judgment against Liebermal
shoEld not be rendered null and void
L g. Vandegrift and William Michae
Byrns represented the bank and Benis
min Nields represented Lieberman.
The court held that as the matter wa
now Ia Court of Chancery 1t woul
not assume Jurisdiction while the cas-
was pending. The motion Of Mr.. Nield
to annul the Judgment against Liebel
man was denied, costs being taxed upo
defendant.
The Hudson Farley contest for I'll
assessorship of the Second district vi
: brought up this morning in Superi'
Court A motion that it be quashed |
. the court had not jurisdiction, WI
denied. The question at issue hangs Q
the d. cision of the court as to wheth
the Third district OF the Twelfth ward
t legally part of the Second assessmei
district. The argument will be heal
tomorrow morning.