The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1895-11-15
JESSUP Case is ENDING.
Charge Of Judge Mcpherson Will BE
Made This Morning.
ARGUMENTS TO THE JURY
Major Everett Warren Closed Case Tor
Defendants and Attorney 5. u. Price,
for piaintiffs--Jury Warned Not to
Consider Case Until Judge Speaks.

Major Everett Warren made the ar
gument to the jury in the Jessup case
and Attorney s. b. Price argued on the
side of the plaintiff. Judge Mcpherson
will charge the jury this morning and
in speaking to the jury at adjournment
and requesting them to be In their
places promptly at 9 O'Clock this morn
ing. he bade them to not only not
speak to any person or among them
selves about the case. or even to con-
slider it in their minds until after they
hear the charge of the court.
Attorney w. ]. Tracey was called by
the defendant yesterday morning. Ten
years ago he was member of the firm
of Hamlin G. Tracey, of the Wayne
county bar. The Scranton City bank
sent to the firm a note to collect drawn
by II. NJ. Lancaster and endorsed by
w. J. Keisel. The money was to be
collected from Keisel as Lancaster had
failed. Mr.. Tracey remembered that
the note was not collected because the
endorser had no money or property.
This is one of the notes that Assignee
Gunster has charged to the indebted
ness of Cashier Jessup.
Ex-Judge Jessup was recalled in ref
erence to the $4,000 certificate of de-
posit of Mr.. Beardslee. The latter had
a judgment Of $4,000 against Mr..
Dolph and assigned it to John II. Fell
lows. who gave his check for the same
amount to Mr.. Jessup as attorney for
Mr.. Beardslee The check was placed
in the Third National bank and Mr..
Beardslee got certificate of deposit.
Ex-Justice Hand was called to the
stand in relation to another note.
Knew Nothing About 1t.
Attorney Merrifeld was called in d.
rect examination by the defendant.
Major Warren handed him paper
signed by Charles Tropp. the substance
of which was that Cashier Jessup's in
debtedness had been satisfactorily ar
ranged and that in consequence the
directors had entered a nolle prOsequi
to the action brought against the CASH
Ter in criminal court for wrecking the
bank. Mr.. Merrifield did not know
anything about the paper.
He was shown the assignment of $685.
900 by DIR. b. H. Throop after the bank
failed and said that his impression of
the account to which this amount was
intended to be put was not to reduce
the cashiers indebtedness, but the liza
bility of the directors.
The deed of trust for the sale of the
coal lands was offered in evidence. The
minutes of the bank of April 4. 1882.
were then offered In evidence and read
to show that the bank had specially en-
powered Mr.. Jessup to discount any pa
per he considered good, and that the
bank was liable for Mr.. Jessup's errors
of judgment, and therefore that Mr..
Jessup's bondsmen should not pay
these bad notes.
The defendants rested and the plain
tiffs called w. c. Conwell in rebuttal
He testified that DIR. Throop was a
large depositor of the Scranton City
bank, and that it was mutually ar
ranged between the doctor and the
other directors that he would pay in
$25, 900 to help square up accounts with
the depositors, and that this money
would be regarded as relieving him
from any further liability as director
of the bank.
Paper That lie Signed.
The witness was a member of the
depositors' committee Of the bank, and
he said he did not sign any paper to the
effect that the affairs of Cashier Jessup
were satisfactorily arranged. He
signed paper agreeing to release the
cashier from liability to criminal pros
ecution for wrecking the bank, but he
did not think that such a paper was
waiver Of all debts and liabilities of
Mr.. JessuD or his bondsmen to the
bank.
Assignee Gunster was the last wit
ness heard, and when his testimony re-
lating to certain accounts In the books,
was heard the case closed and the at
torneys prepared to argue law points.
In the afternoon the arguments to the
jury began.
Major Warren's argument to the jury
was an exhaustive review of the evil
dence and the law applying to the liza
bility OF debtors in cases similar to
the one tried. He maintained that the
defendants had proven that Mr. Jes-
sups Indebtedness to the bank had
been all satisfactorily arranged. and
that no further liabilities exist for
which the bondsmen are responsible.
According to the assignee the in
debtedness of the bank when 1t failed
was $4,000. OF this amount there had
been raised from the sale of Mr.. Jes-
sup's coal lands, $4,000. The money
which DR.. Throop set aside in the s25,-
600 from his deposits in the bank for
the benefit of the depositors was that
much off the liabilities Of the cashier
Major Warren summed up the various
amounts that were applied from time
to time on the liabilities Of the cashier
and showed that more than $140, 900 had
been raised and that there now exists
no such disparity as ,$3S,0O0 yet to be
accounted for.
Argument for tho Plaintiff.
Attorney Prices argument for the
PLAINTIFF was no less comprehensive
than that of the defendants counsel,
and 1t covered every detail of the case.
1t was devoid of any attempt to work
on the minds Of the. jurors, but was a
logical and convincing presentation of
the evidence. He maintained that the
Defendants are responsible for the MAX
Ing good of $3S000 due on the indebted
ness of Cashier Jessup to the bank and
that the $4,000 assigned by DR.. Throop
from his deposits was not part of the
contribution to the wiping out of the
cashiers liability To the hank