The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-05-29
BROOKS HAD CONVICTIONS
Excused from Serving as a Juror in
Jennings Trespass Case.
CONTINUED UNTIL NEXT TERN
Court Refused to Allow Jennings TO Go on
His Own Reeognizancs in tho Perjury
Proceedings Other Gases Called
Up During the Day.

II Is the unexpected that always hap
pens In the Jennings trespass case in
court. Another sensation, but a mild
one, was sprung upon the court yester-
day morning. John II. Brooks of Elm
street, South Side. was one of the jurors
MI. Brooks Is general manager OF the
Meadow Brook SILK factory on Cedar
avenue, place employing 300 girls and
several men and boys. He arose in the
jury box. and, addressing Judge Schuyl-
er. said that he could not pass upon the
case without bias and desired to be eX-
cused from the case. He Is In a posi-
ton where he has been and Is liable in
future to be defendant in trespass suits,
and although he tried hard to bring
himself to that frame of mind in which
he could render conscientious verdict,
yet he had found 1t impossible to out
weigh the conviction that had grown
upon him from hearing and reading of
the Jennings case.
Attorney Smith put him on the stand
and asked him If he could not put his
opinion aside and render verdict from
the evidence in the case. He answered
that he could not, and the court inn
mediately Withdrew him from the box.
Mr.. Smith refused to go on with eleven
jurors and the case went over until next
term.
Court Held TO It's Position.
In the perjury proceedings Mr.. Smith
filed exceptions to the order of court.
He contended that Jennings could not
be liable for perjury until the case from
which the perjury arises Is disposed of.
Court did not see 1t in that light and or
dercd jennings to give bail for court.
Smith asked that Jennings be let go on
his own recognizance, but that did not
work and finally Smith qualified as
,bondsman in the sum of $500.
Judge Schuyler is now hearing the case
of Claude Pitcher against the Peoples
Street Railway company, of Luzerne
county. a motion for a nonsuit was
made at adjournment by the defendant
company's attorneys and opposed by the
plaintiff Court will make known it's
ruling this morning.
This has grown to be a famous tres
pass suit. On Nov. 2S, 1887. Claude
Pitcher, son of Attorney Charles r.
Pitcher, on his way home from the
School of the Lackawanna, was seri-
ously injured by being run over by 4
street car on Lacblwanna avenue, near
the Wyoming house. 1t was dull, wet
day and the car started up before he
got on. He was thrown to the ground
and his foot caught under the wheel,
injuring him so that he will be lame all
his life.
Compulsory Nonsuit Once Granted.
Attorney S. B. Price is representing
the plaintiff and eX-Judge Jessup and
Attorney Horace Z. Hand the company.
The case was tried before and a COM
pulsory nonsujt granted on the ground
that the negligence of the company had
not been established the plaintiff not
having proved that the driver and con-
ductor of the car had seen the boy,
therefore that they did not know he
was about to become passenger and
could not be guilty of negligence. The
boy and Attorney Pitcher, his father.
and Mrs. Burns, who saw the accident,
were sworn, as we'll as the conductor
and driver of the car that caused the
boys injuries.
In No 3 court room a suit for dam
ages against the city is on trial. but
the real defendants are the executors
of the Handley estate. On Jan. Z,
1891 Mrs. Mary Scott, at the corner
of Spruce street and Wyoming ave-
nue, on the sidewalk in front of the
Handley property, fell and broke her
leg and was otherwise injured 1t is
alleged on the part of the plaintiff that
the sidewalk was covered with snow
and ice contrary to law and city ordi-
nances. Many witnesses were sworn,
several OF WHOM are prominent piysl
clans of the city. The city and Hand
ley executors are represented by City
Solicitor j. H. Torrey. and the plain
tiff by Attorney C. II. Soper. The case
will close this forenoon.
Before Judge Archibald.
Before Judge Archibald in No. court
room the most of the day was taken
UP in the trial of the suit Of Mrs. Cath
crime Winton against Ambrose Mulley
and others, executors of the estate of
Nathaniel Fitch. 1t was to recover a
not of $685. made on Oct. 23, 1869, by
Fitch to w. w. Winton. The jury was
out at adjournment.
The suit of Peter Sommers against
John Howey, tried before Judge schuy-
Ter in No. 2, to recover a judgment of
S110, ended in favor of the plaintiff.
The jury found a verdict of S99.31. In
the a.ssumpsit case of McFarlan q Co.
against Henry Goodman, a verdict of
$6253S was returned, and in the case
of John Cain against E. d. Barber for