The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-09-26
GANNON'S CASE
COMES UP AGAIN
An Effort 10 Be Made TO Have Him Re.
leased from County Jail.
HAS BEEN THERE OVER TWO YEARS
Attorney Richard Busteed, jr., Was
Retained by Some of GannOn's
Friends and Has Filed Petition
in the Supreme Court for Writ Of
Habeas COrpus..It Will Be Argued
ut Pittsburg Next Month.

been retained IN the case VI JdiHcs b"h
non, the old man who for the last two
years and four months has been IN
carcerated in the county Jail for con-
tempt of court, and who declares that
he is willing to stay there, TO use ms
own words, until a very improbabie
thing occurs before he does what the
court wants. him to do.
Cannon Is without means, or IL Is ike
ly that before now he would be at no
erty. Mr.. Busteed has filed a petition
in the Supreme court for writ OF ma
beas corpus. and Justice McCollum has
granted u rule. which will be argued
before the Supreme court at Pittsourg
some day during the second week OF
October. When seen at his office by
Tribune reporter yesterday, Mr. BUS
teed said:
There Is very little in it for me. ex-
cept that as a member of the bar Of this
county feel | ought to do all that lies
in my power to secure the release from
Jail of man who has committed no
crime and who Is there only because ne
refuses to- sign over deed to others
for u piece of property that is his by
right and Justice
HISTORY OF THE CASE.
The story of the old mans imprison-
une, but it IL such a peculiar one that
it is worth repeating now. He was
committed on June IL, 1894, by order of
Judge Edwards for refusing to obey
an order of equity court. A lot of land
on SHETLAND street is the cause of the
trouble, and the litigation over 1t was
instituted first in the mayors court of
Scranton i'm 1870.
Margaret Cannon was the prisoners
mother. She had two other children,
Mrs. Margaret Ford and Mrs. Thomas
Riel. Many years ago she bought the
lot in question from william SHETLAND.
then real estate dealer Of the West
Side Her husband passed to his re-
ward long before her. and subsequent
to his death she lived from one to the
other of her children, principally with
Mrs. Riel.
Antecedent to her death there was q
long period of sickness, with conse-
uuent large expense. Mrs. Riel paid
the funeral expenses, too, and in con-
siieration of these things her mother
left her the property in her will. But
there was a balance of $2S.1l due to
Mr.. SHETLAND on the purchase money
on the lot. The prisoner went to Mr..
Swetland, paid this amount and got u
deed in his own name.
WAS IN POSSESSION.
Mrs Riel was in possession and she
refused to vacate. setting up her claim
on the ground that she had supported
the old woman for long time, paid
for medicine and doctor bills, and last
ly the funeral expenses. She being in
possession, the prisoner began an ac-
tion of cjectment. 1t came up for trial
in January, 1887, after many ins and
outs through the mayors court and
the courts of Luzerne county, and on
the 18th of that month a verdict for
Cannon was directed by the court.
The claim upon which the prisoner
rested his right to the lot was that
he bought the lot himself and gave
his mother the money wherewith to
make the payments. He lived at home
with her and the savings from his
earnings went to pay Mr.. SHETLAND.
When she died, and he paid the bal
ance due, that, he argued to himself
gave him a right to claim the lot,
that every penny paid ON it was his
earning.
But the verdict directed was in IA
vor of the plaintiff only on condition
that Mrs. Riel should neglect or ia
to pay to him the $2S70 balance due,
and also the interest on 1t from the
time he paid it. On March q following
Mrs. Riel's attorney paid into court
the $3.50 and interest and all costs,
and by the terms of the verdict, julg-
ment was recorded in her favor.
CANNON ASKED TO SIGN.
She then applied to the prothonotary
for deed and Cannon was called
upon to sign it over. He refused and
an attachment issued from the court
and he was brought in and directed
to execute the deed. He bade defiance
to the court and the result was his
imprisonment. He was soon released.
however, because the equity court was
the one in which action should be
brought to compel Cannon to execute
the deed.
The case was referred to Attorney
George S. Horn as master and exam
iner to report on the law and facts
in the case. Mr.. Horn decided that
Cannon should execute the deed, but
Judge Gunster refused to confirm his
report. 1t went to the Supreme court
then and Judge Gunster's ruling was
reversed. Cannon was then directed
to execute the deed and he refused.
An attachment was issued for his ar
rest and on June 1G, 1894. he was
brought before Judge Edwards. and
still refusing to comply with the or
der of court. was committed to Jail
He has been there ever since. and
though he has been importuned time
and again to relax and obey the court,
he is as steadfast in his refusal now
as the first day he was sent up.
PETITION NOW FILED.
The contention in the petition now
filed is that Cannon bought the prop
erty himself to furnish his parents a
home until they died. He subsequent
ly married, and with his wife went to
live in Providence. leaving his parents
in the home he had provided for them.
During his absence his sister. Mary,
married Thomas Riel, and with her
husband came to live with the old peo-
pie. His ownership of the property
was not disputed for many years, nor
unH family dissensions arose
Then his father, Patrick, and Thom-
as Riel set up the claim that it was
the property of his mother, Margaret
Cannon, basing that claim upon the
fact that she had made the payments
to Mr.. Swetland for the property. Here
the dispute arises. Cannon claims
that while 1t is true she made the
payments, yet they were made for him
with his money she acting as his
agent. The entire litigation has grown
out of this one question.
Mr.. Busteed reluctantly spoke of tn,
case. andssaid he had taken it up only
after he was appealed to do so various
times by some friends of the prisoner
He felt great difiidence in entering
upon case that had been 80 long at
issue, and was persuaded to take 1t
fvn, 1,ts, l.aIt