The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-11-30
SCHL0Ss JURY IS FIRM
Members Of It are Unable to Agree
Upon a Verdict.
NUNIEY CASE IS AT AN END
The Jury Returned . Verdict In Favor OF
the City-Tompkins Awarded $500
In Ills Case Against the Scran.
ton Traction Company.

Today ends the November term of
common pleas court which Is the last
of the year. This has been an unfor-
tunate week SO far as getting verdicts
Is concerned, for up to $50 yesterday
afternoon only n verdict had been en-
tered during the week. That was in
the Joseph Halderman divorce case. in
which the respondent failed to put In
an appearance.
During the year there have been Ave
terms Of common pleas court of three
weeks each, and altogether at these
terms 525 cases were set down for trial.
OF this number 204 were for various
reasons continued when called for trial,
forty-flve were settled, fourteen re-
ferred to an attorney agreed upon by
the parties. twelve were discontinued,
three stricken Off list and twelve dis
continued. OF the cases tried twenty
seven verdicts were rendered for de-
PENDANTS and sixty-seven for plaintiffs;
there were thirty non-suits granted.
three voluntary nOn-suits were entered
and several verdicts were taken by
agreement. There were a number of
cases during the year in which juries
disagreed and had to be discharged.
Munlcy Case Given to tho Jury.
After court opened yesterday morn
ing the arguments to the jury in the
case of Mrs. Ann Munley against the
city of Scranton were heard. Major
Everett Warren made the argument
for the defendant. and Attorney I. H.
Burns for the plaintiff. At 2.45 Judge
Schuyler completed his charge and the
sideration. A verdict was returned
for the city, the jury finding that the
city was not guilty Of negligence.
The action In assumpsit of Minor E.
Worden against Miss Lizzie Hess. Of
Wyoming avenue, was resumed be-
fore Judge Gunster In court room No. 3
after court opened yesterday morning.
The arguments Of counsel were heard
and after receiving instructions as to
their duties in the premises from the
Judge, the jury retired before noon to
make up its verdict. At the evening
session q verdict of 1892 for the plain
tiff was returned.
In the suit Of ]. NJ. Tompkins against
the Scranton Traction company. an
action to recover damages for injuries
sustained on Capouse avenue by a col
lision with a street car, Judge Arch
bald delivered his charge to the jury
after court adjourned and it retired to
make up its verdict. At 4 o'clock II
came int court with a request to have
a portion Of the testimony read. This
was done and the jury again retired
to make uD its verdict. 1t returned a
verdict Of $500 and the following special
findings:
IF your verdict is for the plaintiff, in
addition to your general verdict, you will
answer the following questions: 1) In
what respect were those in charge Of
the street car negligent" Answer-"In
not sounding the gong and In running
too fast" (2) why could not the plain
till have seen or heard the car before
1t struck him?" Answer-"Because Of
the high wind and dust and insufficient
light on the car and high rate of speed"
IF your verdict Is for the defendant
you will answer these questions: az
Were those in charge of the car negli-
gent; CD Was the accident caused by
the plaintiffs own negligence" The
jury, though they did not find for the
defendant nevertheless answered the
first question affirmatively and the Sec
6nd negatively.
Very Determined Jurors.
The Jurors in the case of Schloss
against Frank M. Cobb, who retired to
deliberate at 4 o'clock Tuesday after
noon, remained together all of yester-
day. They sent no communication to
the court of any kind. Judge Gunster
having twice refused to discharge
them.
The members of the jury are j. D.
Mason, M. z. Clark, James Brown,
John Devine. ]. A. Lacoe. l.. w. Kellar,
James kearns, D. T. Jones. E.. Filler,
Thomas McAlOOn. II. w. ROwley, Will
lam Wholly. At midnight the jury was
still unable to agree. The three YER
diets above mentioned were returned
at a night session of court.
The court will have to unbend to
them, the Schloss jurors are reported
saying, or else they will stay out un-
til dO0msday. They have settled down
for q long siege. m of their number
has his fiddle and bow. and with vocal
and instrumental music and q stag
dance now and then, the Jurors are get
ting along quite comfortably.
The only other business done at the
evening session besides receiving the
verdicts was to swear a jury in the Ease
Of Charles Camin against L. Warneka.
Attorney w. w. Watson represents the
and Attorney II. M. Hannah,
the plaintiff. 1t Is an appeal suit and
will 60 on today. All Jurors except those
engaged In this case and excepting, Of
the twelve good and true citi-
gems In the Schloss- Cobb case were dis
charged.
Judge Archibald ordered the evening
session Of court for the purpose of fool
ing those sharp Jurors who tie up cases
on Friday In order to get an extra days
pay out Of the county.