The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-06-09
COMMON PLEAS COURT.
Case OF hOwley Against Luce and Others
Called for Trial Before Judge
Gunster.

Inc thlrd ana last week OF the June
term of common pleas court began yes
terday morning. Judge Archibald is on
the bench in the main court room and
Judge Gunster is presiding in No. ..
In the main room the day was occupied
in hearing the evidence Of the plaintiff
in the replevin suit of John j. Howley
against John S. Luce and the Scranton
knitting company. Attorney e. c.
Newcomb represents Mr.. Howley and
the attorneys for the defendant are
Major Everett Warren. o. B. Partridge,
and Hon. c. P. O'Malley.
The Scranton Knitting company was
organized by ex-Lieutenant Governor
L. A. Watres and 1t occupied the Galland
building at the corner of Penn avenue
and Mulberry street. In 1893 John j.,
A. j., P. F., and M. T. Howley purchased
two latter brothers disposed Of their in
terest to the plaintiff But he claims
that when he bought the building that
he got with 1t a certain amount of ma
chinery, a stationary engine, shafting,
betting, Dulleys, etc, Of the value Of
about 1000 which went with the sale
Of the building.
THE CLAIMS CONFLICT.
In 1894 Mr.. Luce and others bought the
interest of the Knitting company and
claimed this machinery which Mr.. How
ley also claimed. The conflicting claims
resulted in the replevin suit to deter
mine the ownership Of the machinery.
Governor Watres will be put on the
stand at $50 this morning for the de-
fendant. Mr. Howley claims that in his
negotiations with the governor for the
purchase Of the machinery it was stipu-
lated that the machinery now in dis
pute should go with the building and
become the property Of the purchaser.
The defendant demurs and for that
reason will put the governoron the stand
to explain matters. At adjournment
Attorney Partridge had opened the case
for the defendant. and court will con-
vene a half hour earlier this morning
to accommodate Governor Watres, who
has to get away on an early train.
Another replevin suit is on trial be-
fore Judge Gunster. Joseph Church, of
Providence, repre- esented by Attorneys
Hulslander ard Vosburg. is the plain
tiff, and Councilman Wade M. Finn Is
the defendant. His attorneys are w. r.
Lewis and City Solicitor ]. H. Torrey.
A citizen named Barebough Of the
North End owred two horses, two wag-
ons. and some harness, which were
sold by Mr. Finn on a Judgment. The
property was worth about $500. Mr.
Church claimed the property on the
ground that he had a prior judgment
against BarebOugh.
CHURCH BROUGHT SUIT.
Councilman Finn did not honor Mr.
Church's request to turn over the prop
erty and Mr.. Church brought suit The
case was referred to arbitrators, of
which Attorney Il. Fl. Holgate was one
When the Baldwins were here Mr.
Church was at the rockingham one
night and occupied seat in the bald
headed row. He wrote this question on
a piece of paper torn from his pro-
gramme: rs Dick Holgate true to me in
the arbitration suit?" Kittie Baldwin
assured Mr.. Church that the La Plume
attorney was all right but the arbitra-
tors decided that Mr.. Church had no
caus of action, and now the case
is being tried by a judge on an appeal
from that decision. 1t will be finished
today.
In the case tried last week of Edward
Brandt, executor against Mrs. F. A.
Reese, verdict of s1Oo for the plaintiff
with interest from Nov. "a, 1893, was
rendered. In the appeal suit of James
White &; Co., against H. T. Howell a
verdict was taken for the plaintiff in the
sum Of $4570.