The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-01-31
What Was Ills CONDITION
Very Conflicting Testimony in the
Bailey Trespass Suit.
CASE WILL BE ARGUED TODAY
Vcrdicts Returned in Favor of T.. l.. Grif-
filth and A. Il. Cowcll-One of the
Damage suits Against the
City on Trial.

City on Trial.
All of yesterday was consumed in
court room No. 3 with testimony in the
case of George Bailey against the bor-
ough of Dickson, which is on trial be-
fore Judge Archibald. Mr.. Bailey, on
the night of Nov. IS, 1892, fell into
hole in one Of the sidewalks of Price
burg and sustained injuries of per-
manent character, for which he wants
to recover S50000.
Recssses had to be taken during the
morning and afternoon sessions on ac-
count of the poor ventilation of the
room. During the recesses the win
dOws We're opened and a fresh supply
of air admitted to the room. Judges
and attorneys constantly complain or
the impure air in court room No. j
during the trial of cases and say that
headaches and other ills result when
they remain in the rodm for several
hours at a time attending to the duties
which call them there.
After court opened in the morning,
testimony ON the part of the plaintiff
was heard and it was shown that the
hole into which Bailey fell was only
three feet from the fence line and was
in the sidewalk DR.. Bellheimer, who
attended Bailey after his injury, testl-
fed that he could detect no signs of
intoxication about his patient. Others
also testified that Bailey was sober at
the time
Conflict of Testimony.
When the plaintiff rested and the
defendants witnesses took the stand
there came an irreconcilable conflict of
testimony. A number of witnesses
swore that Bailey was in an intoXicat-
ed condition half hour before the ac-
ciGent when he left Klefers hotel. All
Of the testimony had been heard when
court adjourned last evening.
Aside from the plea of the defense
that the accident to Bailey was caused
by his intoXication, it is contehded that
there WIS seven feet between the fence
line and the edge of the hole, making
ample space for anyone to pass with
out injury This morning the closing
addresses to the jury will be made.
Before Judge Edwards in the man
court room the case of y. X. cowell
against c. r. Pitcher, executor OF the
estate of Thomas Hughes, deceased
was resumed yestrday morning. MT.
Cowell alleges that his household goods
We're unlawfully seized and sold by the
| defendant and he sued to recover dam
ages. He was represented by Attor-
neys George Beale and c. w. Dawson,
rr l.,
| the defendant. The case consumed the
entire morning. At 3.i5 in the after
noon the Jury filed into court and re-
turned a verdict of S35 in favor of the
| plaintiff.
Price of Land for school Purposes.
The next case called before Judge Ed
wards was j. d. Knight and Others
| against the school district of South
Abingdon township. Mr.. Knights wife,
now dead, was the owner of farm
near Clark Summit one acre of which
was taken for site for a school house.
The parties failed to come to an agree
ment as to the value of the land and
court appointed l.. c. Bortree. Henry
Belin, jr., and James r. Mears as view
| ers to fix the value of the ground taken
on Nov. Is, 1893, they filed report stat
| ing that in their opinion the district
was indebted to the Knights in the sum
| of $3.50. From this report Mr.. Knight
| took an appeal and yesterday the mat
| ter came up in court for disposition be-
| fore a jury. Attorney S. b. Price ap-
peared for Mr.. Knight and Attorneys
| Byron Akerly and John +. Scragg for
| the school district. The afternoon was
taken UP in hearing testimony on the
| part of the plaintiff and defense as tC
the value of the land taken. The prices
| given varied from 5000 to $500. This
morning the trial will be resumed.
In the horse trading case of f.. l.
| Griffiths against Ambrose and Gilbert
| DePew the jury returned a verdict OF
$50 in favor of the plaintiff.
After court opened yesterday morn
| ing the jury in the case of Liveright
Greenwald & Co., against T. f. McDer
mott and L. A. Barber filed into court
room No. . and asked Judge Purdy fol
additional instructions of a general ma
| ture. The jurors We're given the infor
nation desired and retired again, bu
an hour later again went into court ant
| reported that they could not agree
| They Were thereupon discharged from
further consideration of the case.
The Sale of Three Shirts.
| DR.. William Haggerty, of this city
was the defendant in a case tried be
fore Judge Purdy in court room No. 2
In March, 1892, ID. T.. Duclos sold the
doctor three silk neglige shirts for $50
| When the shirts arrived the man O.
medicine found that they We're de
| signed for a man of more generou.
physique and he refused to accep
them. Mr.. Duclos thereupon Wen
around to see him and advised him &
keep the garments and have then
washed, assuring the doctor that suci
a process would cause the shirts t
shrink.
Accordingly they were Immersed, bu
still the amplitude of material re
manned, and DIR. Haggerty refused {,
keep the shirts or pay for them. Mr.
Duclos brought suit, but the jury be
fore whom the case was tried yesterda,
decided that the doctor should not pa,
for them. He was represented by At
torney Il. c. NewcQmb, and Attorney
c. II. Welles and d. j. Davies repre-
sented the plaintiff.
suit Against the City.
Before Judge Pudy in court room No
in the afternoon the suit of Mrs Mar
garet Davis against the city of Scran
ton was called. When the suit wa
brought the plaintiff was Mrs. Mar
garet Hughes, but she has since takel
| q second husband. She was represent