The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1896-01-14
CULM dump Case IN court
William Repp, Of Old Forge, Sues the
d., L. &N. for Taking the Heap.
SHIFPER TOOK orr HIS COAT
He Told the Court He Preferred TO SIT 10
His shirt Siesvss-Judgs Albright.
Of Allentown. Is Assisting
the Local Judges.
SHIFFER TOOK orr HIS COAT

january common pleas court opened
Yesterday and will last for three Weeks
rhis week Judge Edwin Albright. Oh
Allentown. is specially presiding.
Three courts are in operation, Juuse
Archibald in the main room, Judge Al
bright in No. 2, and Judge Gunster' Ill
No. 3.
Late in the afternoon a jury was
sworn in the trespass suit OF the MOT
ris and Essex Mutual Coal company
against the Delaware. Lackawanna anu
Western Railroad company. Ihe ue-
fendant Is represented by attorneys
Major Everett Warren and c. +. % MAI
lev and the PLAINTIFF by city Sohcitor
J. II. Torrey. eX-Judge Gar"ick NJ. mar
ding, OF Wilkes Barre. and his son At
torney John NJ. Harding, OF the l.u-
zerne bar.
The case was called early in the after-
noon in No. court room before Judge
Albright and until adjournment the
question OF jurisdiction was argued with
much ability between Major Warren
and Judge Harding. The action was
for the taking of a culm dump ten or
twelve wears ago in Old Forge town.
ship and the suit Is brought under the
railroad act OF lS49.
The defendant takes exception to the
suit on the following grounds: tD,
That II Is not within the statute. CD,
That the stuff was taken by permission.
(S). That 1t was taken more than six
years before the beginning Of the suit,
and is therefore barred under the stat
ute of Limitation. The evidence will be
heard today. william Repp, of Old
Forge township. sits at the plaintiff's 3
table and S. B. Stillwell at the defend
ants.
Shiffer Took His Coat off.
The first case called for trial was
that of Benjamin Freeley against Frank
Shiffer for $500 wages alleged to be
due him from the defendant Shirer
nor his attorney were In court when
the case was called and the plaintiff
proceeded to prove his case. Attorney
John ]. Manning represented Freeley.
Soon after the testimony began. Shift
fer came into court with rush and he
walked to the defendants table, pulled
off his overcOat, then his cutaway.
Judge Archibald ordered him to put on
his coat, but Shiffer said he would just
al leave sit in his shirt sleeves. Tip
staff Ritter came forward and assist
ed him in getting back into his coat.
While Freeley was on the stand telling
about how he worked four months for
Shiffer and got no pay for 1t, the latter
blurted out forcible denial in the
shape Of a profane term. He was
warned not to repeat 1t. The jury
found a verdict of $5S.32 for the plain
tiff.
The suit of Arthur Charlsworth
against Charles M. Putnam for farm
work was tried before Judge Albright.
| Attorney Richard II. Holgate repre-
sented the plaintiff and Attorneys d.
w. Brown and Horatio N. Patrick, the
defendant. The allegation was that
Charlworth, who is young man,
worked on the farm of the defendant
In South Arlington township and earned
$15.75. The jury brought in a verdict
for the plaintiff In the sum Of 1889.
Heard In Court Room No. 3.
In No. the suit of Simon II. Yearkle
against Contractor Matthias Stipp was
being tried all day. Attorneys Patter-
son and Wilcox represent the plaintiff
and Attorney A. d. Dean, the defend
ant. Stipp bought seventy cars and
5000 feet of rails for use ir a brick
yard. from the plaintiff and gave him
Judgment note for the amount. SLOT.
The note was not paid when due and
an execution was issued. but Stipp had
the sale stopped on the plea that the
goods he received were not what he
contracted for.
In No. 1 court the suit OF William
Macoy against Thomas McDOnough for
q store bill of over 500 was called for
trial In the afternoon. The parties live
in the country above CarbOndale. At
torney C. II. Soper represents the plain
tiff and Attorney r. J. Stuart, the de-
fendant
The following cases were continued
ID. b. Hand VS.. Peoples Street Railway
company, of Luzerne county: trespass
Edward Brandt, executor, VS.. Mrs. F..
A. Reese; judgment opened. Patrick
kilcur VS.. Edgerton Coal company.
limited; trespass. Thomas Beach. and
Others VS.. City Of Scranton; trespass
The case of Thomas Davis VS.. d. F.
Kearney was settled and the one of
Bittenbender & Co. VS.. John Ward, was
discontinued.