The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-11-28
MUNLEY Case IS CLOSED
Judge Schuyler Refused to Give the
Jury Binding Instructions.
MODEL MAS ADMITTED IN PART
Arguments of Counsel and the Charge
of the Court Arc Yet to 30 Heard.
The Suit Of Contractor WOrdon
Against Miss Lizzie Hess.

There will be no court to-day, ad-
journment was ordered yesterday by
Judge Archibald until tomorrow MORN
ing. The Munley case will go to the
jury tomorrow. All the testimony is in
and the arguments of course and h
charge of Judge Schuyler are the re-
naming exercises to be performed.
John L. Hull, the owner Of the build
ing, on the site Of which Munley met
his death, was on the witness stand for
the most of the day. His testimony
was to establish the solidity n secur-
ity of the temporary sidewalk and the
guardrail protecting pedestrians from
tumbling into the excavation. The wit
ness stated unreserveoly that there was
ample precautiOn taken by h builders
to prevent any accident, and tnat the
n that happened no one was RESPONSE
bic for but the man himself.
Deputy Register of Willis James H..
Hornins inspected the sidewalk and
guard rail closely before and after the
accident and he was impressed that
there was sufficient care taken to make
both safe. His opinion vas that the
excavation was properly guarded. Part
Of the model of the sidewalk and guard
rail was admitted in evidence by the
court.
Major Everett Warren, when the evil
uCICC was CiOSV0, oi6oNo W OuA
for binding Instructions to the jury to
find a verdict for the defendant. Judge
Schuyler refused the motion, after
which both sides began addressing the
court on law points which they desired
to be charged to the jury.
An Epidemic OF Disagreement.
With worried looks the twelve jurors
in the case of Jacob Schloss against
Frank M. Cobb. after being locked up
all night unable to agree, came into
court at 9 o'clock in the morning and
asked the court to have the testimony
read to them again. Judge Gunster had
Attorney Mckinley. the stenographer.
read the statements Of the witnesses
for about three hours and after that
they retired again to deliberate. About
4 o'clock in the afternoon they sent
worn to Judge Gunster that they could
not agree and wished to be discharged,
so as to 90 home for Thanksgiving. The
answer sent baci to them was that they
would have to agree or else eat their
turkey In the court house.
The trespass suit Of j. NJ. Tomkips, Of
Green .kidge, against the Scranton
Traction company was on all day in the
main court room before Judge Arch
bald. Although the evidence has been
heard, 1t will not go to the jury until
tomorrow. Ex-Judge Jessup made the
argument for the defendant. General
Manager Frank Silliman, jr., of the
company. was on the stand giving eX-
merit testimony regarding electric cur
rents. One of the allegations of the
plaintiff was that there was not more
than half of the lights in the car burn
ing and there was no headlight. Mr..
Silliman said that all the lights in the
car were burning or none Of them were.
If one of them was out Of order 1t would
break the circuit and the other lamps
would refuse to burn. Court refused to
give binding instructions to the jury.
Dispute About ilousc Repairing.
The only new case begun was before
Judge Gunster. 1t was that of Con-
tractor NJ. +. Worden against Miss
Lizzie Hess. of Wyoming avenue w.
w. Watson was attorney for the de.
PENDANT and Attorney George l.. Peck
represented the plaintiff. A year ago
Worden was given the contract Of re-
pairing the defendants house. 1t was
agreed that 1t would cost $3.50.
When the job was done 500 was paid:
she refused to pay the balance for the
reason. as she alleged, that the work
was not according to contract. The
case is nearly finished.